HomeMy WebLinkAboutRESOLUTIONS - 07241990 - 90/415 (2)Till- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 24, 1990 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak and Fanden
NOES: Supervisor Torlakson
ABSENT:None
ABSTAIN: None
SUBJECT: Keller Canyon Landfill: RESOLUTION NO. 90/415
Approving Tentative Cancellation)
of Land Conservation Contract )
6-71 and a Portion of Land
Conservation Contract 8-69
The Board of Supervisors of Contra Costa County RESOLVES THAT:
On February 9, 1990, the Keller Canyon Landfill Company,
representing the owners of the properties subject to Land
Conservation Contract 6-71 and the owners of the properties subject
to a portion of Land Conservation Contract 8-69 filed a petition
for the cancellation of the Land Conservation Contract 6-71 and the
aforesaid portion of 8-69 . The properties, identified below, are
generally situated south of the City of Pittsburg and east of
Bailey Road, Their aggregate area is approximately 1, 558 acres.
The County Assessor has determined the full cash value of the
properties as though they were free of the contractual
restrictions, and has certified to the Board the cancellation value
of the subject properties for the purpose of determining the
cancellation fee.
The Board hereby determines and certifies to the County
Auditor-Controller that the total amount of the cancellation fee
which the petitioner must pay the County Treasurer is $1,724 ,821.
The Board hereby determines and certifies to the County
Auditor-Controller that the amount of the cancellation fee which
the petitioner must pay the County Treasurer for each of the below-
listed parcels is set forth below opposite each parcel number.
Land Conservation Contract 6-71
094-050-001 28 , 600
094-060-001 350,454
094-060-002 21, 246
094-080-003 229 ,875
097-220-001 990
097-170-001 14 , 394
Subtotal 645, 559
Land Conservation Contract 8-69
094-070-001 803 , 562
094-100-001 30, 000
094-110-001 191, 512
094-120-001 24 , 188
094-130-006 30, 000
Subtotal 1, 079 , 262
90/415
e
Said amounts are 12 . 5% of the cancellation value of the
subject properties.
The required findings associated with the review of this
petition are included in the attached petition document and in the
Keller Canyon Landfill Findings Document, dated July 24, 1990.
The Board hereby grants the tentative approval for
cancellation of Land Conservation Contract 6-71 as to each parcel
listed herein, and the portion of Land Conservation Contract 8-69
identified above as to each parcel herein, subject to the following
conditions and contingencies being satisfied:
1. As to each parcel listed herein, the petitioner shall pay in
full the cancellation fee due under Government Code Section
51283 . Unless said fee is paid within one year from the
recording of this Resolution, or a Certificate of Cancellation
of Contract is issued within said time, this fee shall be
recomputed as of the date of the landowner's Notice of
Satisfaction of Conditions and Contingencies (Government Code
Section 51283 .4 (b) ) .
2 . The petitioner shall obtain Board approval of Land Use Permit
LUP 2020-89, or a similar approval, for the installation of
the Keller Canyon Landfill, or a similar project, within one
year of the date of the tentative cancellation, with a
possible one-year extension at the discretion of the Board of
Supervisors.
3 . The tentative cancellation approved by this Resolution shall
become final and effective as one or all of the parcels listed
herein upon satisfaction of Conditions 1 and 2 above.
The -Board directs the Clerk of the Board to file with the
County Recorder a Certificate of Tentative Cancellation pursuant to
Government Code Section 51283 .4 (a) .
The Board also requests the Treasurer-Tax Collector to notify
the County Assessor and Community Development Department of the
payment of cancellation fees on this tentative approval action.
hereby oerf fy that this Is a true and correct Copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: July 24 , 1990
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County,Administrator
jl51:kel.res
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cc: County Assessor By cL.Deouty
County Auditor-Controller
County Recorder
Clerk of the Board
County Counsel
Community Development (Orig. Dept. )
Public Works
Treasurer-Tax Collector
90/415
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February 9, 1990
Mr. Charles Zahn
Contra Costa County-Community Development Department
651 Pine Street, 4th Floor, North Wing
Martinez, California 94553
Re. Keller Canyon Landfill
Williamson Act Contract Cancellations)
Dear Mr. Zahn:
The purpose of this letter is to supplement the applicant' s
request for cancellation of the Williamson Act contracts on the
primary project area of the Keller Canyon Landfill which is
comprised of the following parcels:
094-070-001-
094-100-001
094-110-001
094-120-001
0947130-006
094-050-001.
097-170-001,
094-060-002
097-220-001
094-060-001 "
094-080-003
The applicant of the proposed project, Keller Canyon Landfill
Company ("KCLC") , holds options to purchase the above parcels.
KCLC has filed letters from the landowners or their authorized
agents with the Contra Costa Community Development Department
granting KCLC the authority to pursue the necessary permissions,
permits and entitlements to construct a Class II sanitary landfill
on the property.
The entire project area (2, 628 acres) including both the
primary project area (1, 622 acres) and the Special Buffer Zone
1, 006 acres) is currently under Williamson Act contract . This
request for cancellation is only for the primary project area . The
Special Buffer Zone shall remain under Williamson Act contract .
441 N BUCHANAN CIRCLE • PACHECO,CALIFORNIA 94553•(415)682-5227
w
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tit.
Mr. Charles Zahn
February 9, 1990
Page two
Cancellation of the Williamson Act contracts on the above
parcels is requested on the grounds that such cancellation is
consistent with the purposes of the Act and is in the public
interest.
Cancellation is not likely to result in the removal of
adjacent lands from agricultural uses . The applicant proposes not
to remove adjacent lands under its control from agricultural uses
but instead proposes dedication of these lands to permanent open
space/agricultural uses. The applicant also proposes that the
primary project area revert to agricultural uses to the maximum
extent practicable after cessation of landfill activities.
Cancellation is for an alternative use (Class II sanitary
landfill) which is consistent with the County' s General Plan.
Cancellation will not result in discontiguous patterns of.
urban development. Adjacent areas within the City of Pittsburg' s
corporate limits have already been developed. Adjacent lands in
the unincorporated areas on either side of the project under the
applicants control will remain under Williamson Act contract and
will be set aside for open space/agricultural uses. The project
will not be growth inducing because it does not require the
construction of new.roads or water lines which would be capable of
serving other development . Furthermore, the Concord Naval Weapons
Station and its related blast easement restrict development on the
Concord side of the project site.
There is no •proximate non-contracted land which is both
available and suitable for a Class II sanitary landfill, and the
development of the project area as a landfill will provide more
contiguous patterns of development than the use of non-Contracted"
land.
Cancellation of the Williamson Act contracts on the primary
project site will serve the public interest in view of the County' s
need for adequate solid waste disposal capacity and the public
benefits to be realized from a landfill which will serve Contra
Costa County residents.
The applicant requests cancellation of the Williamson Act
contracts on the above parcels contingent on the granting of a land
use permit for the primary project site, providing for the
construction and operation of . a Class II sanitary landfill at the
project site. Notices of non-renewal of the Williamson Act
contracts on the above-named parcels shall be recorded by the
landowners.
Historically, the only agricultural useage of the site has
been for livestock grazing. Other agricultural uses are not
P,
J
Rodney E Tripp
Range Resource Specialist
7000 Miller Road
Castro Valley, CA 94546
415) 889-8635
October 13, 1989
Laura Hamish
Environmental Planner
CH2M Hill
6425 Christie Ave
Suite 5000
Emeryville, CA 94608
Dear Ms Harnish,
The range condition of the proposed Keller Canyon Landfill is
overall in good condition, .with less than 10t of the, 2,700 acres
overgrazed, 15% moderately grazed, and 75% undergrazed. The
majority of the overgrazing is occurring within the proposed
landfill area. The distribution of water developments, the lack
of cross fencing, and the current grazing system are primary
factors for this site's underutilization.
Existing watering facilities are generally located at the bottom
of draws and valleys and are in poorly maintained condition.
This encourages the cattle to concentrate and overgraze the
bottom lands and underutilize the slopes and ridge tops.
Developing water on ridges (i.e. stock ponds or spring boxes) and
strategically locating cross fences will improve distribution and
increase carrying capacity.
The current land owners/operators have estimated the stocking
level at one animal unit (one cow with calve) per 10 acres or 270
animal units per year for this site. With the deduction of 500
acres for the landfill and operating facilities this site ' s
stocking level should be 280 animal units per year.
The costs of these range improvements, with a life expectancy of
30 years, may take 10 to 15 years to amortize through grazing
revenues. However, other intangible assets such as wildlife
habitat enhancement and reduced fuel levels should be considered
as well. If you have any questions regarding the above
procedures please contact me.
Sincerely,
Rodney Tripp
P_
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Mr. Charles Zahn
February 9, 1990
Page three
feasible or economic, given the nature of the soils, terrain, and
water availability. Currently, grazing on the site is
undermanaged, which has resulted in extreme overgrazing in some
areas of the site and overall underutilization of the available
rangeland. With appropriate range management, which is proposed as
a mitigation measure in the FEIR and acceptable to the applicant as
a condition of approval, the existing stocking level of the entire
project area could be accommodated solely within the Special Buffer
Zone and areas of the primary project area not disturbed by the
landfill and associated facilities. Specific mitigation measures
suggested to enhance the range potential of the buffer zone and
undisturbed areas of the primary project area are described in the
attached letter dated October 13, 1989, from Rodney Tripp, Range
Resource Specialist.
Additional information supporting cancellation of the
Williamson Act contracts is contained in the Comprehensive Project
Description and the FEIR, and will be presented at the public
hearing on this request.
Respectfully submitted,
Keller Canyon Landfill Co.
by: Boyd M. Olney, JV.
President
Attachment
r
Recording requested by
Contra Costa County
When recorded, Mail to
Clerk of the Board of Supervisors
County Administration Building
651 Pine St.
Martinez, CA 94553
BOARD OF SUPERVISORS/CONTRA COSTA COUNTY, CALIFORNIA
RE: Tentative Cancellation of Land CERTIFICATE OF TENTATIVE
Conservation Contract 6-71 CANCE IATION (Government
and a portion of Land Conservation Code Section 51283.4)
Contract 8-69 1
State of California
ss CERTIFICATE
County of Contra Costa )
I am the Clerk of the Board of Supervisors, of this County. The Board by
resolution on July 24, 1990 tentatively approved cancellation of Land
Conservation Contracts Nos. 6-71 and a portion of 8-69 between the County of
Contra Costa and the below-named owners concerning the below-described real
property.
Name of Current Owners: Robert B. Elworthy
Kathryn Costa, Charles Larson
Name of Landowner Requesting
Cancellation Keller Canyon Landfill Company
Amounts of Cancellation Fee Due $ 645,559 Contract 6-71
Pursuant to Law 1,079,262 Contract 8-69
This real property is described in Exhibits A and B attached hereto and
incorporated herein by this reference.
The Certificate of Cancellation of Land Conservation Contract will be issued and
recorded in accordance with Government Code Sections 51283.4 upon full payment
of the cancellation fees and when the landowner has obtained all permits
necessary to cam-ence the alternative use project. Unless the fee is paid, or a
certificate of cancellation of contract is issued within one year from the date
of recording of this certificate of tentative cancellation, such fee shall be
recomputed as of the date of notice described in Government Code Section
51283.4(b) .
DATE: July 24, 1990
Phil Batchelor
Clerk of the Board of Supervisors
Coun strato
o
BY
puty
ckl/cncl.crt
Contra Costa County Land Conservation Contract No. 6-71
EXHIBIT A
PROPERTY DESCR=ON
That real property located in the County of Contra Costa, State of
California, more particularly described as follows:
Assessors Parcel Numbers
094-050-001
094-060-001
094-060-002
094-080-003
097-220-001
097-170-001
Contra Costa County Land Conservation Contract No. 8-69 (a portion thereof)
EXHIBIT B
PROPERTY DESCRIPTION
That real property located in the County of Contra Costa, State of
California, more particularly described as follows:
Assessors Parcel Numbers
094-070-001
094-100-001
094-110-001
094-120-001
094-130-006
APPLICATION FOR A HEARING DATE FILE NO.
Land Use Permit ZOZ6
APPLICANT . OWNER
Name Keller Canyon landfill Company Name See attached letters
Address441 Pacheco Circle Address
City.state Pacheco , CA City.State
Phone Zip 94523 Phone Zip
Total Parcel Area 2 ,628 Acres Water Supply Source on-site wells
Number oll Parcels Requested 15 Parcels
Agency Regulating Sewers N/A
NATURE OF REQUEST—Give Reasons
This application is being made to Contra Costa County for a
Land Use Permit. It is the applicant ' s intention to develop an
operate a Class II sanitary landfill on the property. The landfill
and ancillary facilities will only occupy 375 acres of the primary
project area. The remaining 1 , 247 acres of the primary project
project area will serve as buffer an !open space. In addition,
1 , 006 acres would be desi.anated as a Special Buffer Area as shown on the
arrarhPd map .
Applicant's Signature yfJ / Owner's Signature
ffJ V `--
Office Use Only
Application Description
Property.Description
Ordinance Ref. Comments
Area
Assessor's No. Date Filed
Fire District Zoning District Filing Fe
CensusTract Receipt
Atlas Page By
Sphere of InfluenceG P Contra Costa County
Community Development Department
Sup. Dist.
INSTRUCTIONS ON REVERSE SIDE AP1 R 5/85
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Exhibit E
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COUN
LAND USE PERMIT 2020-89
CONDITIONS OF APPROVAL
KELLER CANYON LANDFILL
Approved By The
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
JULY 24, 1990
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TABLE OF CONTENTS
1 . SHORT TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3 COMPLIANCE . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 1
4., VALIDITY PERIOD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5." SERVICE AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6. ° ELIGIBLE AND INELIGIBLE WASTES . . . . . . . . . . . . . . . . . . . . . . . . . 4
7. '. LOAD INSPECTION . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8. ELIGIBLE REFUSE TRANSPORT VEHICLES . . . . . . . . . . . . . . . . . . . . 5
9. OPERATING PARAMETERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10.; WASTE MEASUREMENT AND CHARACTERIZATION . . . . . . . . . . . . . 8
11 . ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12. RATE REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13. FRANCHISE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14. LAND USE PERMIT PLAN CONSTITUENTS . . . . . . . . . . . . . . . . . . . . 14
15. DEVELOPMENT AND IMPROVEMENTS PLAN . . . . . . . . . . . . . . . . . . 15
16. SLOPE AND SEISMIC STABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17. GROUNDWATER PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18. SURFACE WATER PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19. .HAZARDOUS WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
20. AIR QUALITY PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
21 . NOISE CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
23. AGRICULTURAL AND BIOTIC RESOURCES . . . . . . . . . . . . . . . . . . . . 31
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11 Stockpile Stability. Commencing with the onset of stockpiling, the Landfill
operator shall continually analyze daily cover material stockpiles for stability
to determine allowable heights and/or slopes. The results shall be available
to the County Community Development Department and the County Health
Services Department on demand.
12 Unstable Areas. Areas with landslide potential to affect landfill operations
shall be stabilized through excavation or other methods such as compacting
or the construction of retaining walls. Grading operations shall be
performed in a manner which shall not destabilize slopes.
17. GROUNDWATER PROTECTION
1 Groundwater Protection Objective. The Landfill shall not impair the
beneficial uses of groundwater on the Landfill site or in its vicinity. The
design and monitoring of the Landfill shall be based upon the assumption
of the existence of high permeability interconnecting cracks and fissures in
the underlying strata allowing the potential of groundwater transmission.
2 Landfill Liner. The Landfill developer shall install a engineered liner system,
including a clay liner and a high-density polyethylene liner, which meets-
State Class II Landfill standards. The liner shall be approved by the San.
Francisco Bay Regional Water Quality Control Board and its specifications
and design shall be included in the Development and Improvements Plan.
The liner shall be designed to withstand the Maximum Credible Earthquake
as specified by the Regional Water quality Control Board. See Section 16.
3 Leachate Collection System. The Landfill developer shall install a leachate
collection system which shall meet State Class II standards. The leachate
collection system shall be approved by the San Francisco Bay Regional
Water Quality Control Board, and its specifications and design shall be
included in the Development and Improvements Plan. Leachate shall be
contained by a double liner system consisting of a two-foot thick layer of
clay overlain by a synthetic membrane liner. Enclosed storage tank design
for leachate treatment shall meet hazardous waste storage requirements,
which includes a double liner system with perimeter berms. An emergency
connector shall be installed between the pre- and post-treatment tanks in
the event of an overflow situation. A tanker truck shall be readily available
for emergency purposes. Measures shall be taken to limit leachate
formation, such as prompt covering of waste and provision of surface
water drainage away from landfill areas.
18
24. ' BIRD AND VECTOR CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
25. LITTER CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
26. PUBLIC HEALTH AND SAFETY 36
27. SITE SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
28. CULTURAL RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
29. TRANSPORTATION AND CIRCULATION . . . . . . . . ... . . . . . . . . . . . . 39
30. SITE SERVICES AND UTILITIES PLAN . . . . . . . . . . . . . . . . . . . . . . . 41
31 . WASTE REDUCTION AND RESOURCE RECOVERY . . . . . . . . . . . . . . . 44
32. CONSTRUCTION ACTIVITIES AND CONDITIONS . . . . . . . . . . . . . . . . 46
33. CLOSURE AND POSTCLOSURE MAINTENANCE . . . . . . . . . . . . . . . . 47
34. ABANDONED VEHICLE STORAGE . . . . . . . . . . . . . . . . . . . . . . . . . . 48
35. SPECIAL CONDITIONS OF APPROVAL . . . . . . . . . . . . . . . . . . . . . . . 49
1. SHORT TITLE
1 Short Title. The Keller Canyon Landfill project is henceforth referred to
in this document as the Landfill.
2. RESPONSIBILITY
1 Ultimate Responsibility. The conditions of approval identify the Landfill
developer as the party responsible for implementing conditions involving
construction and improvements, and the Landfill operator for
implementing conditions involving maintenance and management. Re-
gardless of these identifications, the Landfill owner shall be responsible
for complying with all conditions.
2 Transfer of Ownership. The Land Use Permit for the Landfill shall run
with the land; however, a new owner shall be responsible for notifying
the County Community Development Department of any change in
ownership. A change in ownership shall be interpreted to mean the
acquisition of 5 percent or more of the value of the Landfill site covered
by this Land Use Permit. (It is noted that other permits may not
necessarily run with the land.)
3. COMPLIANCE
1 Compliance Objective. The Landfill developer and operator shall at all times
comply with the requirements of laws and permits applicable to the facility.
2 Design Standard. The Landfill developer shall design the Landfill facility to
meet the requirements of the San Francisco Regional Water Quality Control
Board for a Class II waste disposal facility.
3 State Minimum Standards. The operation and maintenance of this facility
shall at all times comply with Minimum Standards for Solid Waste Handling
and Disposal (California Administrative Code, Title 14, Division 7, Chapter
3).
4 Land Use Permits. The Landfill developer and operator shall at all times
comply with the provisions and requirements of this Land Use Permit. A
violation of any of these conditions is cause for revocation of the Land Use
Permit.
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5 j Solid Waste Facilities Permit. The Landfill operator shall conform with all
provisions and requirements of the Landfill's Solid Waste Facilities Permit,
which is based on the guidelines of the California Integrated Waste
Management Board.
6 i Subchapter 15. The Landfill operator shall at all times comply with the
provisions and requirements of Subchapter 15 of Chapter 3 of Title 23 of
the California Administrative Code ("Subchapter 15") for a Class II waste
disposal facility.
7 I Other Regulatory Agencies' Requirements. The Landfill operator shall at all
times comply with the provisions and requirements of other regulatory
j agencies having jurisdiction over the facility.
8 Utilities, Service Districts, and Government Agencies' Requirements. The.
j Landfill developer or.operator shall at all times comply with the regulations
and requirements of utilities, districts, or agencies which have jurisdiction
over the installation of improvements or provide services to the landfill.
9 Notice Coordination. Copies (or originals) of all reports to other agencies
concerning the design, operation, and maintenance of the Landfill facility
shall be sent by mail or hand-delivery, to the Community Development
Department, 651 Pine Street, 4th Floor North Wing, Martinez, CA 94553-
0095.
101i Monitoring and Inspection. All monitoring reports and results of inspection
or analysis shall be made available to the County Health Services and
Community Development Departments. Any indication of an emergency or
other serious problem relating to public health and safety shall be reported
at once.
11 Master Chart. The Landfill operator, will maintain for reference a master
chart showing schedules and results of preparation, operation, monitoring
and reporting in all major phases of the facility.
4. VALIDITY PERIOD
1 Validity Period. The Landfill developer shall install pre-requisite
improvements and open the Landfill for receiving refuse within three years
of the final approval of the project's Solid. Waste Facilities Permit. This
validity period shall be tolled while any appeal filed by parties other than the
Landfill developer is pending. The Landfill developer may request from the
Director of Community Development one or more one-year extensions of
2
the Land Use Permit. If the Land Use Permit is not implemented within the
specified time, it shall become null and void. The Director of Community
Development may allow each one-year extension if the Director finds that
there are changed circumstances which warrant the consideration of
changes to the Conditions of Approval.
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I Operative Date. This Land Use Permit is valid upon approval by the.Board
of Supervisors. However, it shall not become operative until and unless the
permittee (landfill owner, etc.) first obtains and the Board of Supervisors
grants a franchise to or approves an agreement with permittee (see Section
13, Franchise Agreements).
5. SERVICE AREA
1 't Area of origin. The area of origin of all waste hauling vehicles admitted to
the landfill, shall be Contra Costa County. The Landfill operator shall not
i refuse to receive eligible wastes which originate in Contra Costa Countyiprovidedsuchwastesaredeliveredtothefacilityinaccordancewiththese
Conditions of Approval and the landfill's Solid Waste Facilities Permit, and
provided that appropriate disposal fees are paid.
2 Out-of-County Wastes. The Landfill operator shall not receive wastes from.
outside Contra Costa County unless such imports of waste are specifically
approved by the Board of Supervisors. This condition shall not apply to
wastes which may be temporarily received under the Emergency Use
provisions of Condition 6.5 or the Reciprocal Capacity Agreement of
Condition 5.4.
3 Sub-County Service Area. If there is more than one Class II or Class III
landfills operating in Contra Costa County, the Board of Supervisors may
establish sub-County service areas for each on a temporary or long-term
basis. If the Board has established a sub-County service area for the
Landfill, the operator shall not accept waste for disposal from outside such
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area.
4 ! Reciprocal Capacity Agreement. The Landfill operator shall receive waste
from outside Contra. Costa County if in accordance with the terms and
conditions of a Reciprocal Capacity Agreement entered into by Contra
Costa County with another county. Waste shall be received upon
reasonable notice to the Landfill operator and the Board of Supervisors and
direction by the Board to the Landfill operator as to the terms and
conditions under which the waste will be received. The Board may specify
3
disposal charges which are applicable only to the waste received under the
Reciprocal Capacity Agreement.
5 1 Pre-Requisite Curbside Recycling Program. The Landfill shall not admit or
j dispose of waste loads from communities which do not have in operation
a curbside recycling, or equivalent, program approved by the Board of
ii Supervisors. Board of Supervisors approval may be interpreted as a
consistency with a Board of Supervisors-approved Countywide Integrated
Waste Management Plan. The Board of Supervisors may determine the
eligibility of a community's program.
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6. ELIGIBLE AND INELIGIBLE WASTES
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1 li Eligible Wastes. The Landfill operator shall allow only wastes eligible for
disposal in a Class II facility, as defined by the Regional Water Quality
Control Board to be admitted to the landfill. The wastes admitted to the
11 landfill shall also be consistent with the Solid Waste Facilities Permit,
administered by the County Health Services Department, and consistent
with the Board of Supervisors' policies and these conditions of approval.
To the extent allowed by law, the Board of Supervisors may direct the
I. Landfill operator not to accept wastes that do not meet State and County
policies and regulations.
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2 Designated Wastes. The Landfill operator shall allow only those designated
wastes las defined by Section 2522 of Article 2 of Subchapter 15, of Title
23, of the California Administrative Code) approved for this facility by the
San Francisco ' Regional Water Quality Control Board, and shall be
consistent with the Solid Waste Facilities Permit to be admitted for
disposal. The Board of Supervisors may designate special rates for this
waste.
3 Infectious Wastes. The Landfill operator shall accept only those infectious
wastes identified in, and disposed of in accordance with the Solid Waste
Facilities Permit.
4 Ineligible Wastes. The Landfill operator shall not allow the following wastes
to be disposed at the landfill:
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a) Hazardous or toxic wastes.
b) Radioactive wastes.
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j c) Liquid wastes, other than utility sludges meeting Regional Water
Quality Control Board requirements.
d) Other ineligible wastes specified in the Solid Waste Facilities permit
administered by the County Health Services Department.
5 I Emergency Use. If the service area of the Landfill is determined to be a
sub-area of the County, the County Health Services Department may allow
legal waste originating in areas of Contra Costa County, other than those
stipulated in Section 5, to have access to the landfill for periods up to 180
days on an emergency basis. The department may grant one extension for
no longer than 180 days. The Board of Supervisors may allow the
emergency use of the landfill to continue for a period up to two years.
6 Hazardous Waste Screening and Management. See Condition 19.
7 l Area of Origin Restrictions. See Condition 5.
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7. LOAD INSPECTION
1 Eligible Vehicles and Loads. The Landfill operator shall screen loads to limit
I to the extent practicable the intake of ineligible waste. Prior to receiving ..
ii waste, the Landfill operator shall prepare in writing a program for
identifying eligible vehicles and screening loads at the Landfill entrance,
random sampling and inspection for ineligible wastes, and checking loads
at the Landfill disposal area. The Load Inspection program shall include
I 'inspection for hazardous wastes and procedures for their handling and off-
site disposal consistent with the Contra Costa County Hazardous Waste
Management Plan. The program shall be subject to the approval of the
County Health Services Department and the County Community
11 Development Department.
2 Load Covering. The Landfill operator shall spot check all incoming waste-
hauling vehicles for proper covering or containerization. The operator shall
not admit waste loads which are susceptible to littering or leakage because
of the lack of covering, inadequate covering, or disrepair of screens or
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containers.
8. ELIGIBLE REFUSE TRANSPORT VEHICLES
1 Eligible Vehicles. The Landfill operator shall admit only the following refuse
transport vehicles:
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a) Transfer station trucks (vans) from a transfer station located in
Contra Costa County. Transfer stations shall have a Waste
Management Program, which includes hazardous waste screening
and resource recovery operations, approved by the Board of
Supervisors.
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b) Demolition and construction material trucks originating in Contra
Costa County. If the Board of Supervisors has established waste
reduction goals.for the businesses and industries generating such
wastes, the generators shall comply with such goals.
c) Incinerated sewage sludge-hauling trucks originating at utilities
located in Contra Costa County, or other utilities serving Contra
Costa County.
d) Sewage and water treatment plant sludge trucks originating in
Contra Costa County, with loads complying with San Francisco
Regional Water Quality Control Boards solids-to-liquid requirements.
e) Trucks hauling Designated Wastes approved for this landfill by the
Regional Water Quality Control Board. The wastes shall originate in
Contra Costa County.
f)Other specialized waste transport trucks, hauling wastes originating
in Contra Costa County and identified in the Landfill's Solid Waste
Facilities Permit.
2 Service Area Restriction. See Section 5.
3 Emergency Exemption. See Condition 6.5.
4 Reciprocal Use Exemption. See Condition 5.4.
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9. OPERATING PARAMETERS
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1 Hours of Operation. The Landfill operator shall not open the landfill to
receive waste loads before 7:00 a.m. or after 7:30 p.m. Refuse shall be
covered by 7:30 p.m. at which time working lights shall be extinguished.
Entry and security lights shall be dimmed at 7:30 p.m. Other hours of
operation, within those parameters, may be specified by the County Health
Services Department in the Landfill's Solid Waste Facilities Permit. Special
loads may be received at other times in accordance with procedures
established by the County Health Services Department.
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The Director of Community Development may administratively shorten or
extend the hours of operations prescribed above after consultation with the
Landfill operator, the County Health Services Department, and the Local
Advisory Committee, after holding a public hearing to obtain the comments
of other interested parties. To shorten the hours of operation, the Director
of Community Development shall find that the changes are needed to
mitigate substantial noise, traffic, or similar impacts arising from the
operation of the Landfill which were not known when this Land Use Permit
was adopted. To extend the hours of operation, the Director of Community
Development shall find that longer hours will not cause traffic, noise, glare,
or similar impacts of Landfill operations to substantially increase in the
vicinity of the Landfill.
2 " Operating Days: The landfill shall remain open for operation six days a
week. It shall close on Sundays.
3 Maximum Daily Tonnage. The landfill may accept for disposal a maximum
of 3,500 tons of refuse per day through the year 2005. The Board of
Supervisors shall review and revise, if necessary, the maximum allowable
tonnages per day, prior to the year 2005. If the Board establishes sub-
County service areas, maximum tonnages for each landfill shall be prorated
to reflect their service areas. The Board may increase the maximum daily
tonnages, if necessary, to reflect Reciprocal Capacity Agreements or .
emergency measures.
4 Minimum Buffer Zone. The Landfill developer shall reserve a minimum
buffer of 2,000 feet from the closest place of permanent waste placement
to the closest existing residence on Jacqueline Drive.
5 " Special Buffer Area. No residential housing shall be permitted at any time
in the special buffer area. See Condition 23.2.
6 Dedication of Special Buffer Area. At the time of the submission of the
landfill's Development and Improvement Plan, pursuant to Government
Code Section 7050, the landfill owner shall offer to dedicate the fee title
of the land within the Special Buffer Area to the County of Contra Costa
for recordation. The County may accept the fee title and complete the
dedication subsequent to the opening of the landfill for the disposal of
waste. In making the offer of dedication the Landfill owner may reserve
the rights to carry out mitigation programs required by these Land Use
Permit Conditions of Approval, and as may be further detailed in
implementation plans required to be prepared by these Conditions within
the Special Buffer Area. The Landfill operator may perform grading and
make installations, such as drainage ditches within the Special Buffer Area
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related to the landfill facility, provided that the grading and installations are
consistent with the approved final Development and Improvements Plan
and do not impair the capability of the Area to accommodate agricultural
grazing and provide habitat mitigation consistent with these Conditions of
Approval. Similarly, the Landfill operator shall be allowed to carry out
closure and post-closure activities related to the landfill or the Special
Buffer Area provided that such activities are consistent with a County-
approved closure plan and with the uses of the land allowed by these
Conditions of Approval.
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The County may require the Landfill operator to maintain the Special Buffer
Area, subsequent to dedication, at the operator's expense. Maintenance
shall include security, weed control, erosion control and the provision of fire
trails.
10. WASTE MEASUREMENT AND CHARACTERIZATION
11 Volume Estimation. The Landfill operator shall submit topographic maps of
the landfill and a report of capacity absorption and fill rates to the
Community Development Department every two years on the anniversary
date of the landfill's opening. The Landfill operator shall also submit an
initial topographic map prior to receiving wastes.
2 Scales. The Landfill developer shall install certified scale(s) at the landfill
to weigh incoming and outgoing trucks. A weighing program, subject to
approval by the County Department of Health Services and Director of
Weights and Measures, shall be implemented to monitor incoming wastes.
3 Waste Characterization. The Landfill operator shall participate with transfer
station operators serving the landfill in a program to characterize incoming
wastes by type, amount, and originating community and perform detailed
load inspections on vehicles according to a program specified by the
County Community Development Department and County Health Services
Department. Reports shall be submitted to the County on a quarterly basis.
11. ADMINISTRATION
1 Permit Review. The Board of Supervisors will hold annual public hearings
to review the Conditions of Approval for this Land Use Permit for three
years beginning one year after the commencement of operations of the
Landfill. The Board may refer proposed changes to the Land Use Permit to
the County Planning Commission for processing. Thereafter, the County
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Planning Commission shall hold public hearings on the Land Use Permit at
three-year intervals. As a result of a review and public hearing, the County
Planning Commission may recommend to the Board of Supervisors new or
modified conditions to improve the public health, safety, and welfare.
Nothing in this condition shall preclude the Landfill owner from applying for
amendments to the Land Use Permit at any time or preclude the County
from addressing emergency situations or new requirements imposed by
State or Federal legislation or the courts.
2 Local Advisory Committee. The Community Development Department shall
organize, and the Landfill developer shall participate in a local advisory
committee, consisting of elected representatives of local residents and
neighborhood associations, to comment and advise on the development of
the landfill and its operations. The Board of Supervisors may sanction the
Local Advisory Committee as an official County committee. The committee
shall be established as soon as reasonably possible after the Board of
Supervisors' approval• of this Land Use Permit, if such approval is
forthcoming. Meetings shall be initiated following the approval of a Land
Use Permit and shall be held at least quarterly through the first two years
of landfill operation. Subsequently, meetings may be held annually, but
with the provision for meetings on call by the chair or the written request
of 3 or more members. The County, Health Services Department shall be
notified at least 10 days in advance of all meetings. Subjects for.
consideration at meetings will include, but shall not be limited to safety and
emergency procedures, landfill fill-related traffic problems, screening of
visual impacts and problems of litter, odor, and noise control. Meeting
agenda also may include discussion of reports on the landfill construction,
operation and maintenance. The Landfill operator shall provide reasonable
access to the landfill arranged through the Community Development
Department. A surcharge on the tipping fee may be used to fund the
advisory group's operations.
3 Insurance and/or Bonding. The applicant shall provide the insurance and
bonds specified by the units of government having approval authority over
the project. Subjects will include, but not be limited to, continuity of
landfill operation, non-compliance, emergency measures, construction
performance, landscaping and closure.
4 Notification Program. The Landfill operator shall prepare and implement a
program to notify potential users of the landfill of its opening and closing
times, and the conditions of its use, including waste reduction and
recycling requirements, site access regulations, and a detailed list of
prohibited hazardous wastes and alternative disposal options. The program
should be prepared in conjunction with the operator(s) of the transfer
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station(s) serving the landfill. It shall be approved by the County
Community Development Department.
5 ° Development Coordinator. The Landfill owner shall provide a fund to
support a County Landfill Development Coordinator, if the County
establishes the position, through the period of construction and landfill
operations. The Coordinator shall be a staff member or a consultant. The
owner shall make quarterly advance payments.
The Landfill developer and operator shall provide such information as the
Development Coordinator may require to review plans and installations
under the purview of the County, except that any requirements for
additional studies shall be subject to the approval of the County's Director
of Community Development.
6. Compliance and Mitigation Monitoring Program. The Landfill operator shall
provide a fund to support County staff monitoring of compliance with
Conditions of Approval and mitigation monitoring programs, as designed
and implemented by the County Community Development and Health
Services Departments.
7 Pre-Annexation Notification. If the Landfill owner decides to request
annexation of the Landfill to a city, the owner shall notify the Board of .
Supervisors at least 180 days in advance of filing any application for such
annexation. The Board may require the Landfill owner to consult with it or
County staff to determine how solid waste management programs specified
in these Conditions of Approval would be carried out subsequent to
annexation. In no case shall the annexation relieve the Landfill operator of
the financial responsibilities, including payment to the County of mitigation
fees, specified in these Conditions.
8 Fee and Surcharge Identification. The Landfill operator (permittee) shall not
identify the costs of public agency (County, etc.) fees, charges, or
surcharges on bills and receipts issued to landfill users without first
obtaining the specific written approval of the County.
9 Interpretation of Conditions. The Community Development Department
Director is authorized to interpret these Conditions in the event that any
clarification is needed.
10 Conditions of Approval Nos. 4.2 and 13.4 require a franchise or agreement
to be established by this County. All of these Conditions of Approval shall
be subordinate to the terms of said franchise or agreement, and the terms
of said franchise or agreement shall control in the case of any conflict.
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There shall be no need to amend these Conditions of Approval in the event
of such a conflict.
11 Several of these Conditions of Approval relate, paraphrase or summarize
laws and regulations which are imposed and enforced by other
governmental agencies which have jurisdiction over particular aspects of
this project.. It is this Board's intent in adopting these Conditions of
Approval to provide the applicant and the public with an overview of the
scope of regulation applicable to this project and to provide this County
with enforcement power if such laws and regulations enforced by other
agencies are violated. Unless specifically stated in the Conditions of
Approval, however, it is not this Board's intent to establish rules or
regulations which are stricter than the laws or regulations which are applied
to this project by the other agencies with jurisdiction over aspects of this
project. If another agency primarily responsible for some aspect of this
project finds that any action or inaction is in compliance with, or violates,
any such law or regulation, that finding shall be conclusive. If these
Conditions of Approval require some approval by any other agency and that
agency declines to approve or disapprove the subject matter, such approval
shall be deemed to have been given for purposes of these Conditions of
Approval.
12 This Board does not intend, by requiring the applicant to fund various .
measures, to make any decision regarding whether or not, or how, any
expenditures incurred may be recovered through the rate structure or
otherwise by the applicant. Any such decision by this Board shall be
reserved for its consideration in the franchise or agreement. No inference
regarding this issue is to be drawn from this Board's use of any particular
terminology in these Conditions of Approval.
13 In any instance where a Condition of Approval provides that this Board will
decide or act upon a certain matter, this Board may delegate the initial
decision making or action with respect to that matter to the Director of
Community Development or such other designee as this Board determines
to be appropriate, provided that there shall be a right of appeal to this
Board from any decision to the Director of Community Development or
other designee.
12. RATE REVIEW
1 Rate Approval. The Board of Supervisors shall approve all rates charged by
the landfill operator at the landfill. The rates established by the Board will
be not only maximum rates but also minimum rates.
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2; Rate Review. The Board of Supervisors shall review and approve rates
annually in accordance with an approved rate application procedure. More
frequent review of rates may occur if requested by the landfill operator and
if the Board determines that changing circumstances warrant such review.
The Board may also review rates more frequently if the Board determines
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that it is in the public interest to do so.
3 Form and Content of Rate Review Application. The landfill operator shall
submit its rate application in a form and content as specified by the
County. Such application may require the landfill operator to submit the
application on forms and/or using computer software provided by or
specified by the County. The County shall have the right to inspect and
audit all records of the landfill operators which support its rate review
application.
4 Rate Application Guidelines. The rate application shall be designed to
ensure reconciliation of rates with audited company financial statements;
detailed year-to-year cost comparisons; documented guidelines for
allowable expense categories, accounting methodologies, allowable
management costs and other cost elements; unit usage and unit cost data
on major expense items; calculation and reporting of company productivity
statistics by cost category; and full documentation of assumptions and
source materials. The rate application process shall also provide for.
comparative rate surveys with other similar operations.
5 Financial Statement. The landfill operator shall maintain full and complete
accounting records in conformity with generally accepted accounting
principals applied on a consistent basis. A financial statement for the
proceeding fiscal year, in such form and providing such information as the
Board may require, shall be submitted with each rate review application.
The financial statement shall be prepared and certified by a Certified Public
Accountant currently licensed to practice in the State of California. The
County, through a Certified Public Accountant appointed by the County for
that purpose, shall at all reasonable times have the right to inspect and
audit the .records of the landfill operator that supports the financial
statements. The County reserves the right to determine which records are
relevant.
6 Scope of Rates. The Board of Supervisors may require that the landfill
operator include in its rates collection for purposes other than disposal
including but not limited to, charges for funding of inspections, charges
relating to origin of waste such as out-of-county waste, franchise or
agreement fees, closure and postclosure maintenance of other landfills,
solid waste management programs such as general litter pick-up,
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abandoned vehicle removal, solid waste planning, and any other conditions
of approval.
13. FRANCHISE AGREEMENT
1 Franchise Compliance and Agreement. The Permitee-Landfill operator shall
be subject to the terms and conditions of any franchise or agreement
established by the Board of Supervisors. A draft franchise or agreement
shall be submitted with or before the Final Development and Improvements
Plan.
2 Assignment. The landfill operator and the landfill owners shall not assign
or subcontract the franchise or agreement, any part of the franchise or
agreement or any obligation of the franchise or agreement without written
prior consent of the Board of Supervisors. The term "assignment" shall
include any dissolution, merger, consolidation or reorganization of the
landfill's ownership or the sale or other transfer of the controlling
percentage of the owner's stock in the landfill or the sale of 51 % of the
value of the assets of the landfill's owners.
3 Contents. The franchise or agreement may contain such provisions as the
Board deems necessary, including but not limited to complete
indemnification of the County, liability insurance by type and amount,
performance bond by type and amount, rights of the County to acquire
ownership of the landfill, funding for mitigation and reimbursement of
County costs, funding for closure or post-closure costs, franchise or
agreement fee fees) rate review and approval procedure and determination
of and consequences of breaches of the franchise.
4" Requirement. Permitee shall not establish, operate or carry on the business
of a solid waste facility pursuant to this permit unless and until it has been
first granted a franchise (or entered an agreement with the Board of
Supervisors).
5 County Discretion. Notwithstanding any other provision of this Permit,
Permittee acknowledges that the County's discretion to grant or deny one
or more said exclusive, non-exclusive or otherwise franchises or.similar
agreements is not limited or abridged in any manner by this Permit; and that
this Permit does not require the approval of any such franchise or
agreement. County reserves the right as part of the negotiation and entry
of any such franchise or agreement to enter a public-private partnership
with the Permitee for the project and/or to pursue the rights of the County
to acquire ownership of the Landfill.
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14. LAND USE PERMIT PLAN CONSTITUENTS
1 Initial Development and Improvements Plan. The Initial Development and
Improvements Plan approved by this Land Use Permit, and modified by
these Conditions of Approval, shall consist of the following schematic plans
included in the applicant's January 31, 1989 entitlement application, the
Keller Canyon Landfill Comprehensive Project Description (February 1989)
and addendum (December 1989), and the 3-volume Site Characterization
Report (September 1989).
a) Grading/Excavation Plans with fill limits for each phase.
b) Layout for Groundwater Collection System.
c) Liner System Cross-section and Installation Sequence.
d) Leachate Collection System Layout Plan.
e) Gas Collection Layout Plans for each phase.
f)Surface Water Drainage Plan.
g) Facilities Site Plan for Operations and Maintenance.
h) Leachate, Landfill, Gas and Water Storage Facility.
i)Landfill Access Road Plans Profiles, Typical Section.
j)Bailey Road Plan and Typical Section.
k) Landscape Facilities Site Plan for Operations and Maintenance.
1)Landscape Plan for Leachate, Landfill Gas and Water Storage,
Facilities.
m) Landscape Plan.
2 Regulatory Agency Approvals. Subsequent to the approval of this Land
Use Permit, the Landfill Developer shall obtain approvals from the regulatory
agencies having jurisdiction over the project, and obtain their detailed
requirements for building, serving, and operating the Landfill. The
approvals shall include, but are not limited to:
a) Waste Discharge Requirements from the Regional Water Quality
Control Board.
b) Authority to Construct (and Authority to Operate Requirements) from
the Bay Area Air Quality Management District.
c) Wetland Modification Permit from the Army Corps of.Engineers.
d) Streambed Alteration Agreement from the State Department of Fish
and Game.
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The Landfill developer shall notify the Community Development Department
if proposed or adopted conditions or requirements of regulatory agencies
do not appear to be consistent with this Land Use Permit or the Landfill's
Environmental Impact Report.
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3 j Improvements Requirements. Subsequent to the approval of this Land Use
Permit, the Landfill; developer shall obtain approvals from the agencies,
utilities, and parties having jurisdiction or control over the on-site and off-
site improvements required by this Land Use Permit or by agencies having
regulatory jurisdiction over the project. The Landfill developer shall notify
the Community Development Department if proposed or adopted Conditions
I or requirements do not appear to be consistent with this Land Use Permit
or the Landfill's Environmental Impact Report.
15. DEVELOPMENT AND IMPROVEMENTS PLAN
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1 Final Development and Improvements Plan. Subsequent to the approval of
the Land Use Permit but prior to the commencement of any construction,
the Landfill developer shall submit a Development and Improvements Plan
to the Community Development Department and obtain the approval of the
Director of Community Development. The Development and Improvements
Plan shall be consistent with the project approved by the Land Use Permit, .
but prepared to a level of detail appropriate for the review of the
engineering and construction of the project's on-site and off-site
improvements. It shall be internally consistent with the project's
Environmental Impact Report findings, these Conditions of Approval,
regulatory agencies and others having discretionary approvals over the
project, and the Solid Waste Facilities Permit issued by the County Health
Services Department. The Community Development Department will
coordinate the review of the plan by the Health Services Department, the
Public Works Department, and other appropriate units of government. The
Landfill developer shall comply with all provisions of the final Developments
and Improvements Plan.
The Development and Improvements Plan shall include:
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a) Site Development Plan, as described in the following sections.
b) A Surface Water Management and Sediment Control Plan, (Section
18).
c) An Agricultural and Habitat Enhancement Plan, (Section 23).
d A Waste Reduction and Resource Recovery Program, (Section 31).
e) A Landscape (screening) Plan, (Section 22).
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f)A Landfill Gas Management/Air Quality Monitoring/Odor Control Plan,
Section 20):
g) A Leachate Management Plan, (Section 17).
h) A Site Services and Utilities Plan (Section 30).
i)A Traffic/Circulation Plan, (Section 29).
2 In approving the Development and Improvements Plan, the Community
Development Department Director may allow the Landfill developer to
phase construction of landfill modules and other features, except where
timing is specified in these conditions. The submittal of the Development
and Improvements Plan components may reflect this phasing.
16. SLOPE AND SEISMIC STABILITY
1 Landfill Slopes Objective. Landfill slopes shall be engineered to provide
static and dynamic (seismic) stability under design criteria for Class II
Landfills.
2 Seismic Design. The Landfill, its drainage features and operating
components (lifts, berms, liners, sediment pond, leachate and gas collection
systems and major stockpiles) shall be designed to withstand the Maximum
Credible Earthquake (MCE) and a 0.65g acceleration rate. The Landfill .
developer shall utilize a MCE (design earthquake) specified by the County
Community Development Department and the San Francisco Regional
Water Quality Control Board. The Landfill developer shall provide
substantiation in the Final Development and Improvements Plan that the
Landfill design will withstand the MCE.
3 Landslide Study. The Landfill developer shall employ a licensed geo-
technical consultant to conduct a supplementary study of landslides and
slope stability in areas of the site affected by Landfill and improvements
grading. The study shall be performed by a licensed geotechnical
professional. The study shall be subject to the approval of the County and
the San Francisco Regional Water Quality Control Board. The Landfill
developer shall incorporate the results of the study into the site grading
program and the designs of overlying structures, which shall be included in
the Development and Improvements Plan.
4 Geotechnical Inspector. The Landfill operator shall contract with the
County, or through the County, for an independent geotechnical consultant,
who shall be selected by and be responsible to the County. The consultant
shall inspect regularly the installation and condition of liners, leachate
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control facilities and other installations, identified by the County, as they
are installed. This provision shall remain in force over the life of the landfill.
5 Landfill Design Stability. The Landfill developer shall provide_a static and
dynamic stability analysis.of the final engineering design of the Landfill and
its appurtenant improvements. The stability analysis method and the
resulting analysis shall be approved by the County Community Development
Department and the San Francisco Regional Water Quality Control Board
and included in the Final Development and Improvements Plan.
6 Slope Monitoring. The Landfill operator shall install slope monitoring stakes
on landslides and sensitive slopes which could affect an operating Landfill.
The monitoring program shall be approved by the County Community
Development Department.
7 Settlement Program. The Landfill developer shall implement a program to
prevent fill settlement and an inspection program to detect and correct
settlement problems. The developer shall compact the refuse and cover
materials to maximum strength and design and maintain the necessary
slope gradient to ensure proper surface water drainage. A network of
settlement platforms shall be installed to monitor fill settlement at critical
points. The station specifications and locations shall be included in the
Improvements and Development Plan. The Settlement program shall be .
subject to the approval of the County Community Development Department
and the San Francisco Regional Water Quality Control Board.
8 Post-Earthquake Program. The Landfill operator shall prepare and
implement an emergency program for inspecting the Landfill facility, dealing
with failures and providing refuse handling for implementation following a
substantial earthquake. The program shall be subject to the approval of the
County Community Development Department and the County Health
Services Department.
9 Settlement Pond Embankment Design. The Landfill developer shall design
the settlement pond to control foundation seepage through the means of
a filter or other materials.
10 Settlement Pond(s) Monitoring Program. The Landfill operator shall prepare
and implement a failure prevention and warning system, including daily
monitoring and visual inspection, for the sedimentation ponds. The
program shall be approved by the County Community Development
Department and shall be included in the Development and Improvements
Plan.
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11 Stockpile Stability. Commencing with the onset of stockpiling, the Landfill
operator shall continually analyze daily cover material stockpiles for stability
to determine allowable heights and/or slopes. The results shall be available
to the County Community Development Department and the County Health
Services Department on demand.
12 Unstable Areas. Areas with landslide potential to affect landfill operations
shall be stabilized through excavation or other methods such as compacting
or the . construction of retaining walls. Grading operations shall be
performed in a manner which shall not destabilize slopes.
17. GROUNDWATER PROTECTION
1 Groundwater Protection Objective. The Landfill shall not impair the
beneficial uses of groundwater on the Landfill site or in its vicinity. The
design and monitoring of the Landfill shall be based upon the assumption
of the existence of high permeability interconnecting cracks and fissures in
the underlying strata allowing the potential of groundwater transmission.
2 ' Landfill Liner. The Landfill developerh allengineered lin mshallInstalinersystem,
including a clay liner and a high-density polyethylene liner, which meets-
State Class II Landfill standards. The liner shall be approved by the San.
Francisco Bay Regional Water Quality Control Board and its specifications
and design shall be included in the Development and Improvements Plan.
The liner shall be designed to withstand the Maximum Credible Earthquake
as specified by the Regional Water quality Control Board. See Section 16.
3 '',- Leachate Collection System. The Landfill developer shall install a leachate
collection system which shall meet State Class II standards. The leachate
collection system shall be approved by the San Francisco Bay Regional
Water Quality Control Board, and its specifications and design shall be
included in the Development and Improvements Plan. Leachate shall be
contained by a double liner system consisting of a two-foot thick layer of
clay overlain by a synthetic membrane liner. Enclosed storage tank design
for leachate treatment shall meet hazardous waste storage requirements,
which includes a double liner system with perimeter berms. An emergency
connector shall be installed between the pre- and post-treatment tanks in
the event of an overflow situation. A tanker truck shall be readily available
for emergency purposes. Measures shall be taken to limit leachate
formation, such as prompt covering of waste and provision of surface
water drainage away from landfill areas.
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Surface Drainage System. Water collected in the underdrain system
beneath the landfill_shall be monitored on a regular basis specified by the
San Francisco Regional Water Quality Control Board. If contaminated, this
water shall be treated as leachate. See Section 18.2.
5 Groundwater Monitoring. The Landfill developer shall install a groundwater
monitoring system and implement a monitoring program, as required by the
San Francisco Bay Regional Water Quality Control Board. The monitoring
stations' specifications, locations, and their frequency of monitoring shall
be included in the Development and Improvements Plan. The proposed
monitoring program shall be subject to review by the County Health
Services Department and the County Community Development Department.
6 Downstream Well Monitoring. The groundwater monitoring program shall
include selected wells down gradient from the site. The wells shall be
subject to approval by the San Francisco Regional Water Quality Control
Board and the County Health Services Department. The Landfill operator
shall sample and analyze water from these wells on a quarterly basis. The
location of these wells shall be identified on the Development and
Improvements Plan.
7 Baseline Water Characterization. The Landfill developer shall conduct a .
groundwater characterization study for at least a one-year period following
the approval of the Land Use Permit. The procedures fdr the study shall be
specified by the San Francisco Bay Water Quality Control Board and the
County Health Services Department.
8 Liquid Waste Disposal. The Landfill operator shall comply with the
requirements of the Regional Water Quality Control Board for disposal of
de-watered sewage and other utilities' sludges in the Landfill to prevent
excess liquid concentrations. The Landfill operator shall not accept other
liquid wastes.
9 Drainage Grading. The Landfill developer shall grade completed fill areas
to convey surface run-off to ditches at the fill perimeter to limit infiltration
into the Landfill. The grading specifications shall be included in the
Development and Improvements Plan.
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10 Leachate Management. The Landfill operator may reapply leachate
removed from the leachate collection sumps to the Landfill for absorption
by solid waste, or arrange for its transportation (pretreated if necessary) to
an appropriate treatment and disposal facility. If leachate is returned to the
fill area, it shall be injected under the Landfill's cover rather than applied
19
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over its surface. The return of leachate to the Landfill shall be subject to
the solids-to-liquids ratio restrictions defined by the San Francisco Bay
Regional Water Quality Control Board and the County Health Services
Department. If leachate is transported to an off-site disposal/treatment
facility, it shall be pretreated on-site to meet all requirements of such
facility before transport. If leachate build up becomes a problem, the
County Health Services Department may require additional remedial
measures, such as the placement of more soil cover, or the installment of
a low-permeabiity earthen or synthetic cover. The Leachate Management
Program shall be included as part of the Site Design Plan.
11 Water Balance Calculations. The Landfill operator shall provide water
balance calculations, when requested by the County Health Services
Department, to evaluate intermediate stages of Landfill operation to ensure
the maintenance of a proper solids-to-liquid ratio.
12 Leachate Holding Tanks. Holding tanks for leachate shall be tested to
ensure chemical compatibility to prevent chemical degradation of said
tanks. The Landfill developer shall submit test results to the Regional
Water Quality Control Board and the County Health Services Department,
prior to the submission of the Development and Improvements Plan.
13 On-Site Water Supply Wells. The Landfill developer shall construct the.
proposed on-site water supply wells after a hydro-geologic investigation has
determined flow direction and relationship between water bearing strata if
any. Water supply wells shall utilize separate water bearing strata, and
shall be sealed to prevent communication between shallow and deep
ground water. The locations and characteristics of water supply wells shall
be described in the Development and Improvements Plan, and shall be
subject to County Health Services Department and San Francisco Regional
Water Quality Control Board approval. Pump tests shall be provided for on-
site wells located within 500 feet of any domestic well to evaluate
interference between wells.
14 Off-Site Water Well Contamination. If the water quality of nearby domestic
water supplies is impaired by Landfill leachate, the Landfill operator shall
take immediate remedial action that is acceptable to the County Health
Services Department and the San Francisco Regional Water Quality Control
Board. The source of contamination shall be identified and immediately
repaired. Remedial measures shall include but are not limited to extraction
wells and slurry walls. The Landfill operator.may be required to replace the j
impaired water supply.
15 Liner Installation Inspection. See Condition 16.4.
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16 Secondary Containment. The Landfill developer shall construct a secondary
containment system capable of containing 1 .5 times the volume of each
leachate-holding tank.
17 Working Face. The Landfill operator shall maintain a maximum daily
working face of 3 acres or less in order to minimize surface water
infiltration to the refuse, as well as to control dust and erosion, prevent
vector proliferation, and minimize visual impacts.
18. SURFACE WATER PROTECTION
1 Surface Water Protection Objective. The Landfill shall not impair the
beneficial uses of water bodies in the vicinity of the Landfill site.
2 Surface Drainage System. The Landfill operator shall install a Landfill
surface drainage system which shall be designed to meet State Class II
standards. It shall accommodate a 1,000-year, 24-hour design storm, as
specified by the County Public Works Department and the San Francisco
Regional Water Quality Control Board (SFRWQCB). The drainage system
shall convey surface water around the active fill area without contacting
the working face or any solid waste. The surface drainage system shall be
approved by the SFRWQCB and the County Community Development.
Department and included in the Development and Improvements Plan.
Surface flow shall be evaluated further with groundwater levels and
precipitation factors priorto construction, and findings incorporated into the
final landfill design in order to lessen impacts to surface water flow. Flow
rates and groundwater levels shall be monitored through the life of the
landfill. If loss of surface flow is determined to have unforeseen impacts,
a like amount of water shall be provided.
3 Creek Protection. The landfill shall be designed so leachate and other
contaminated water does not flow into Lawlor Creek. See Section 23.3.
4 Surface Water Management and Sediment Control Plan. The Landfill
developer shall prepare and implement a Surface Water Management and
Sediment Control Plan, which shall be subject to the approval of the County
Community Development Department. The plan shall include a Stability
Analysis of proposed cut and fill slopes, and shall prevent substantial
erosion on slopes on the project site and reduce the amounts of Water-
borne materials from reaching surface waters. It shall include the
components listed below, and it shall be included in the Final Improvements
and Development Plan.
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a) Primary Grading. The Landfill developer shall perform primary
grading for the project's fill modules, cover, roads, paved areas,
building sites, and the construction of site slopes during the April
through October low rainfall season.
b) Temporary Flow Restriction. If grading must be done during rainy
periods, or if erosion is occurring on previously graded areas, the
Landfill developer shall take corrective actions, which may include
the installation of ground cloth or the placement of hay bales.
c) Ground Cover. The Landfill developer shall plant ground over on
graded areas which are not to be developed within 90 days. The
ground cover shall be consistent with the Landscaping Plan.
d) Ditch/Swale Liners. The Landfill developer shall line any ditches and
swales for conveying surface runoff across sanitary Landfill areas to
limit water infiltration. Drainage-ways across other areas shall be
lined or planted to limit erosion.
e) Sedimentation Ponds. The Landfill developer shall install a
sedimentation pond system prior to other landfill development to
hold and process drainage from the Landfill property which shall be
designed to withstand the 1,000-year, 24-hour design storm and
Maximum Credible Earthquake event. The Landfill developer shall
develop a program for monitoring storage volumes in the
sedimentation ponds and releasing water depending on expected
rainfall. Flow rates for downstream discharge shall not exceed the
25-year, ' 24-hour design storm. The program shall include a
preventive maintenance program which shall include a program for
clearing of sedimentation ponds and maintenance of perimeter
ditches and vegetative cover. The program shall be subject to
approval from the County Community Development, Health Services,
and Public Works Departments, and the San Francisco Regional
Water Quality Control Board. The efficacy of the Landfill surface
water control system in reducing downstream flooding shall be
addressed in the annual and triennial reviews required by Condition
11 ..1 .
f)Runoff Conveyance. Erosion to ditches or gullys used to convey
runoff shall be corrected by use of appropriate measures such as
energy dissipators or rip rap.
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g) Equalization Basin. Water in contact with the working face area of
the landfill shall be discharged into an equalization basin, monitored,
and treated if necessary.
5 Monitoring. The Landfill developer shall prepare and implement a surface
water monitoring program to check for possible contamination of off-site
surface water drainage facilities. Baseline water quality shall be determined
prior to project implementation. - Sedimentation pond outflow shall be
monitored. The monitoring program shall be subject to approval of the
County Health Services Department, the County Community Development
Department, and the Regional Water Quality Control Board.
19. HAZARDOUS WASTE
1 Hazardous Waste Ineligible. See Section 6.4.
2 Load Inspection. See Condition 7.1
3 Household Hazardous Waste Program. The Landfill operator shall develop
a household hazardous waste collection and management program for the
service area which is consistent with the County Hazardous Waste
Management Plan and with the County Integrated Solid Waste Management.
Plan. The program shall be subject to the approval of the County Health
Services and Community Development Department. The household
hazardous .waste shall be managed in accordance with the "Waste
Minimization Hierarchy" identified in the County Hazardous Waste
Management Plan. The operator is encouraged to develop the program in
cooperation with other waste management facilities and collection services.
The proposed program, along with a schedule of proposed costs and
funding sources, shall be submitted to the County departments no later
than 6 months prior to the opening of the landfill. The program shall
include mechanisms for removing household hazardous waste from the
waste stream which arrives at the facility. if the household hazardous
waste program (or a version of it) is approved by the County Board of
Supervisors, the Landfill operator shall implement it. The Landfill household
hazardous waste program shall include a public information and education
program approved by the County Health Services Department/County
Hazardous Materials Commission for notifying facility users and households
in its service area of what constitutes hazardous waste and how such
wastes are to be disposed of. The household hazardous waste program
shall be amended if required by the County Board of Supervisors in their
review of the Land Use Permit.
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4 Transfer Station Pre-screening. The Household Hazardous Waste Program
shall include pre-screening at transfer stations for identification and
separation of hazardous materials. In addition, landfill entrance load
screening procedures and a manual check program during unloading
operations shall be included. Landfill operators shall be instructed to
investigate suspicious containers for hazardous materials during bulldozing
and other activities. Any hazardous materials found shall be set aside for
proper collection and disposal.
5 Regulatory Agency Approvals. The collection and storage of toxic and
hazardous wastes pursuant to this section shall be subject to County Health
Services Department, State Department of Health Services, and other
regulatory agency approvals.
20. AIR QUALITY PROTECTION
1 Prevention of Air Quality Deterioration. The Landfill operator shall manage
the facility in a manner that does not result in the significant deterioration
of air quality in the vicinity of the site or in the Bay Area. The condition
shall be interpreted as a requirement that the Landfill comply with terms of
the Authority to Construct Permit to Operate permits issued by the Bay
Area Air Quality Management District.
2 Odor Containment. The Landfill operator shall operate the Landfill in a
manner that prevents odors from being detected off-site, pursuant to
Regulations 7-101 and 7-102 of the Bay Area Air Quality Management
District. If odors are reported to the County Health Services Department,
or reports are relayed from the Bay Area Air Quality Management District,
the Health Services Department may require additional physical
improvements or management practices as necessary to alleviate the
problem. The Health Services Department shall have the authority to cease
disposal at a particular area of the Landfill, to control odors. A small daily
working face (3 acres or less) shall be maintained. The leachate treatment
system shall be enclosed to control odors from leachate. The landfill gas
collection system and flare shall utilize BACT to reduce landfill gas as a
source of toxics and odor. If odors are detected in surrounding areas,
complaints shall be logged by a landfill operator. The source of the odor
shall be identified and corrected. A response to the person lodging the
complaint shall be made within 48 hours, detailing the problem and
remedial action taken.
3 Cover Frequency. The Landfill operator shall cover newly disposed refuse
with compacted soil cover meeting the requirements of the State of
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California (currently, a minimum of 6 inches of daily cover). All working
faces of the Landfill shall be covered by the end of the working day.
Intermediate cover, meeting the requirements of the State (currently a
minimum of 12 inches) shall be applied over each layer of cells ("lift"). The
frequency of cover shall increase in order to control odor, litter or birds, if
necessary, or if required by the Landfill's Solid Waste Facilities Permit.
4 Odoriferous Loads. The Landfill operator shall cover extremely odoriferous
incoming loads immediately.
5 Dust Suppressants. The Landfill operator shall apply water or proven
environmentally safe dust suppressants at least twice daily to working
faces of the landfill, unpaved access roads, storage pile disturbances and
construction areas as determined to be necessary by the County Health
Services Department. The Health Services Department may require
sprinklering more frequently for control.of particulates.
6 Area of Operations. See Conditions 17.17 and 22.10.
7 Air Flow Monitoring. The Landfill operator shall monitor air flow on the site
upon commencement of operations and shall provide .background
meteorological conditions including wind direction, wind velocity, on-site
air flows, and temperature. After the Landfill is in operation, data shall be .
used to correlate odor, dust, or litter management with meteorological
conditions. Air flow monitoring reports shall be submitted to the County
Health Services and Community Development Departments.
8 Contingency Program. Prior to the start of filling operations, Landfill
operator shall prepare a "bad days" contingency program for managing the
Landfill during periods of unusual wind speeds or directions, rainfall or
drought or other atypical situations. It shall apply specific site monitoring
information. The Landfill operator shall consider the comments of the local
advisory committee and consult with the Bay Area Air Quality Management
District and the Regional Water Quality Control Board. The program shall
be approved by the County Health Services Department, and it may be
revised from time to time.
9 Revegetation. The Landfill operator shall revegetate completed Landfill
areas immediately. Revegetation shall in be accordance with the
Development and Improvements Plan and shall be consistent with the
County policy on landscaping and water conservation. Intermediate and
final cover areas shall be revegetated immediately. Excavations shall be
revegetated or filled immediately. Operating areas which will not be used
25
for fill or construction for 90 days or longer shall be planted for dust and
erosion control and for aesthetic purposes.
10 Tree and Shrub Planting. The Landfill developer shall plant trees and shrubs
downwind of the Landfill to aid in trapping dust. The planting plan shall be
included. in the Landscaping plan component of the Development and
Improvements Plan.
11 Gas Control and Collection. The Landfill operator shall install a Landfill gas
control collection system in accordance with the regulations of the Bay
Area Air Quality Management District. .The system shall have the capacity
to operate in an active mode, using a mechanical vacuum, to withdraw gas
from the Landfill. The system shall be operated in an active mode as soon
as practical. The gas control and collection system shall be installed
concurrently with the placement of wastes in the Landfill and shall be ready
for operation when gas is produced. The gas collection and related
recovery system shall utilize BACT and shall be subject to the approval of
the Bay Air Quality Management District and County Community
Development Department and it shall be included in the Development and
Improvements Plan.
12 Landfill Gas Processing. The Landfill developer shall install a flaring
mechanism, in accordance with Bay Area Air Quality Management District.
guidelines/regulations, to combust collected landfill gas. The flare shall be
of the nonilluminous type. Best Available Control Technology (BACT) shall
be used, as defined and approved by the Bay Area Air Quality Management
District. The flare shall be installed with staged combustion, operated
under fuel-rich conditions, and be designed with flue gas recirculation.
13 Methane Recovery. The Landfill operator shall install a methane recovery
system simultaneously with the construction of the gas collection system,
preferably utilizing the Landfill gas to produce energy when the Landfill has
developed enough gas to justify recovery. When required by the County
Community Development Department, the Landfill operator shall conduct
a study to determine how methane could be recovered from the gas and
used for fuel or as a commodity.
14 Gas Monitoring. The Landfill developer shall install gas migration detection
probes and wells along the boundary of the Landfill footprint, near on-site
buildings, and in other locations specified by the Bay Area Air Quality
Management District or the County Health Services Department to monitor
for subsurface and surface gas migration. The gas monitoring stations shall
be described in the Development and Improvements Plan approved by the
County Community Development Department. If gas migration is found,
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the Landfill operator shall notify the County and take remedial actions.
Training of employees for detection of gas migration shall be included in the
employee training program.
15 Lateral Gas Barriers. The Landfill developer shall install a gas barrier or gas
collection area on side slopes of the Landfill to prevent lateral gas migration
through the sides of the Landfill. The barrier or gas collection area shall be
approved by the Bay -Area Air Quality Management District and shall be
included in the Development and Improvements Plan.
16 Settlement Protection. The Landfill developer shall use flexible piping and
lightweight backfill for the Landfill gas collection system to ensure that
settlement of the fill will not affect operation of the system.
17 Landfill Gas Testing. The Landfill operator shall test Landfill gas for its
toxic composition and for toxic constituents. The testing program shall be
subject to the approvals of the Bay Area Air Quality Management District
and the County Health Services and Community Development Departments.
The Landfill operator shall provide the results to the County Community
Development Department and Health Services Departments on a quarterly
basis unless a more frequent interval is specified in the Solid Waste
Facilities Permit.
18 Leachate Disposal. See Condition 17.10.
19 Cell Re-Opening. Previously-covered cells shall not be reopened without
permission from the County Health Services Department.
20 -Fissure Repair. The Landfill operator shall inspect the Landfill daily.
Surface cracks, fissures, eroded areas, or inadequately covered areas on
the Landfill may require repairs within 24 hours. This activity shall be
included in the employee training program.
21 Permanent Road Paving. The Landfill developer shall pave and maintain
permanent access roads to control dust. A road used for one year or longer
shall be considered to be a permanent road. Road construction shall be
described in the Development and Improvements Plan.
22 Temporary Road Paving. The Landfill developer shall pave and maintain
temporary road with gravel or crushed aggregate. Temporary roads shall
be wetted or chemically treated when necessary to control dust. Road
construction shall be described in the Development and Improvements Plan.
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23 Speed Limits. The Landfill operator shall enforce speed limits set by the
County Health Services Department on internal site roads. The Landfill
operator shall install appropriate signs and speed control devices. The
maximum internal on-site speed limit shall be 20 mph.
24 Equipment Maintenance. The Landfill operator shall maintain Landfill
equipment in optimum working order to ensure that vehicle emissions are
controlled and equipment shall be fitted with spark arrestors so potential for
causing fires is minimized. Equipment shall not be left idling when not in
use. Maintenance records shall be kept on all pieces of Landfill equipment.
The records are subject to review by the County Health Services
Department. Equipment shall be stored, serviced, and repaired in a
maintenance area designated in the Development and Improvements Plan
and approved by the County Community Development Department.
21. NOISE CONTROL
1 Noise Control Objective. The Landfill operator shall manage the facility in
a manner that minimizes noise impacts to area residents.
2 Noise Monitoring Program. The Landfill operator shall prepare and
implement a noise monitoring and abatement program, which shall be.
approved by the County Community Development Department and Health
Services Departments. The program shall monitor noise levels at sensitive
receptor locations, one West of Bailey Road and South of West Leland
Road, one near Bailey north of West Leland, and another in the Jacqueline
4
Drive area south of West Leland Road. The Director of Community
Development may specify other monitoring locations. If the monitoring
noise levels at the Landfill boundary line or other monitored location exceed
60 dBA during daylight hours, or 50 bDA during the evening or at night, the
County may require the operator to institute additional noise reduction
measures to bring noise emanating from the Landfill to the forementioned
levels or less.
3 Toe Berm. See Condition 22.3.
4 Mitigation/Lift-Level Berms. See Condition 22.4
5 Construction Hours. See Condition 32.1 .
6 Truck Noise Suppression. The Landfill operator shall require transfer trucks
and other waste hauling vehicles using the facility to be equipped with
factory approved noise suppression equipment, including engine
28
compartment insulation. The Landfill operator shall request the California
Highway Patrol actively enforce muffler and vehicle noise standards as
required in the California Vehicle Code if, for any reason, noise from heavy
trucks becomes a source of complaints in the project area, whether project-
related or not. Transfer trucks and other waste hauling vehicles with faulty
mufflers shall be denied access to the landfill after one warning by a landfill
operator at the landfill entrance.
7 Landfill Vehicles. The Landfill operatorshall provide Landfill equipment with
the best available noise suppressing equipment to minimize sound
generation.
8 Gas Flare Muffling. If flaring is used to dispose of Landfill gas, the flares
shall be contained in noise and glare-reducing housing. The housing shall
be subject to the approval of the County Health Services and Community
Development Departments and the Bay Area Air Quality Management
District.
22. VISUAL QUALITY
1 Visual Quality Objective. The Landfill developer shall construct and operate
the facility in such a manner that the high visual value of the surrounding.
area is maintained.
2 Landscape Plan. The Landfill developer shall prepare and implement a site
Landscaping Plan. The plan shall enhance the site's visual values as open
space and its functional values as wildlife habitat. It shall minimize the
visual impacts of the landfill operations and appurtenant facilities through
revegetation and landscape. screening. The plan shall show the plant
species, size, and locations to be used to blend in with the existing natural
vegetation. Natural, drought tolerant species shall be used, in accordance
with County Policy on Water Conservation Landscaping. A landscape
maintenance program shall be part of the plan. A Weed Monitoring and
Control Program shall be included, containing a listing of noxious weeds,
a monitoring program, and abatement measure options. A Landscape Plan
shall be included in the Development and Improvements Plan. The
Landscape Plan shall assure no visual impact on the Cities of Concord and
Clayton consistent with the Environmental Impact Report.
3 Toe Berm. The Landfill developer shall install the first phase of the toe
berm prior to other landfill construction and development of the Landfill.
Other sections of the toe berm shall be installed in stages (see condition
32.4). The toe berm shall be contoured to blend with existing topography.
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It shall be designed to screen the landfill access road. It shall be
revegetated immediately with native grasses and other vegetation to blend
in with the surrounding area.
4 Mitigation Berms. The Landfill developer shall install landscaped mitigation
berms (lift-level peripheral berms) at the face of each lift in areas visible off
the Landfill site, before beginning refuse disposal on the lift. The berms
shall be landscaped to blend with existing terrain. Specific heights for the
initial toe berm and each' of its phases shall be established in the Final
Development and Improvements Plan (Condition 15.1).
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5 Lawlor Creek Corridor Plan. See Condition 23.3.
6 Entrance Screening. The Landfill developer shall install landscaping at the
entrance of the landfill to screen the entrance facilities from Bailey Road
users. Olive trees shall not be included as part of the entrance landscape
plan.
7 Jacqueline Drive Terminus. The north terminus of Jacqueline Drive shall be
landscaped, with native species, to shield near-views of the toe berm.
Planting of the terminus area shall begin as soon as practicable. The
outside access road berm shall be a minimum of 15 feet high to shield
transfer truck traffic and noise from nearby residences.
8 Auxiliary Facilities Screening. The landscaping plan shall provide for the
screening of auxiliary areas, such as the administrative buildings, parking
lots, maintenance facilities, and screening of facilities shall occur during the
first year of development. Enhancement of Lawlor Creek shall occur during
the first year, to aid in screening facilities from Bailey Road users.
9 Architectural Treatment. Plans for buildings and other structures shall
include architectural sections showing design and materials to be used.
Buildings shall be designed to blend into the rural agricultural setting.
10 Area of Operations. Except during construction of modules and other major
installations, the Landfill operator shall limit unvegetated working areas of
the landfill, including the daily working face, to 25 acres for appearance
and to control dust and erosion. The restriction shall not apply to grading
for foundations, cover, site roads, berms and other construction, providing
these are carried out expeditiously.
11 Interim Revegetation. Interim revegetation shall be required on all areas
that will be inactive for more than 90 days. Revegetation shall include
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native . grasses, shrubs and trees to lend more variety and natural
appearance to the finished landfill.
12 Water Tank Screening. The Landfill developer shall provide landscaping to
screen the facility's water tanks. Where possible, the landscaping shall be
installed prior to the installation of the tank. Consideration shall be given
I,to subsurface or partially buried tanks, and to painting the structures with
earth-tone colors.
1113 Final Cover. Final cover shall be contoured and landscaped to blend with
existing topography.
14 Lighting. The Landfill developer shall design and locate the lighting system
to reduce glare and reduce impact to area residents. Focused directional
security and operational lighting shall be installed. Operation lighting on the
Working face shall be turned off by 7:30 p.m. Security and entrance
lighting shall be dimmed at 7:30 p.m.
23. AGRICULTURAL AND BIOTIC RESOURCES
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1 Biotics Protection Objectives.
a) The Landfill developer shall construct and operate the facility in such
a manner that ensures, through protection and enhancement
measures, that there is no net loss of significant habitat, wetland,
woodland, or agricultural production.
b) The Landfill developer shall provide at least twice the amount of
mitigation wetland for significant wetland lost to the project (2-to-1
mitigation). A minimum of six acres of mitigation wetland shall be
provided. Wetland loss shall be mitigated through the enhancement
of stock ponds and sedimentation basins, or the creation of new
wetlands.
2 Range Management Plan. The Landfill operator shall design and develop a
Range Management Plan in order to provide for continued grazing on
portions of the site. The Special Buffer Area shall remain as Agricultural
Preserve, and development rights shall be conveyed to the County. The
buffer area and other site rangelands of the Primary Project Area not
exempted for habitat protection and not in active landfill use shall be
enhanced as grassland/oak woodland, and shall provide grazing for at least
270 head of cattle, approximately the same number of cattle which
presently graze on the site. Stock watering ponds shall be enhanced
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through planting of trees and shrubs. Grazing shall be restricted for a 1 to
2 year period in order for grasses to get reestablished. It shall provide for
adequate grazing range, and for native tree species such as oaks to be
planted for animal protection and to replace trees removed during landfill
construction, while controlling soil erosion. The plan shall be prepared in
consultation with the Contra Costa County Resource Conservation District
and the Agricultural Extension Service. It shall be coordinated with the
Landscape Plan, the Habitat Preservation Plan, and the Erosion and
Sediment Control Plan developed for the landfill facility. It shall be subject
to the approval of the County Community Development Department and it
shall be included in the Improvements and Development Plan.
3 Lawlor Creek Corridor Restoration Plan. Enhancement of this riparian area
shall replace habitat lost by the rerouting and covering of a portion of the
unnamed drainageway within the waste placement area. This plan shall
provide replacement for habitat lost to landfill construction. The Corridor
Plan shall alsoprovide screening of the landfill entrance and service
facilities from Bailey Road. Livestock fencing shall be constructed around
the perimeter of approximately 35 acres to exclude cattle from the riparian
and oak woodland areas. Litter shall be removed from the creek and
corridor, and fencing shall be established along Bailey Road to prevent
unlawful disposal of trash. Riparian species of trees such as Willows,
Fremont cottonwood, sycamore and other oak species, California Bay .
Laurel and shrubs shall be planted. The access road crossing of Lawlor
Creek shall be designed and constructed in a manner that would be
compatible with the aesthetics of the corridor and habitat enhancement.
Installation of horizontal drainage pipes into hillsides may be provided to tap
groundwater sources to improve creek flow conditions. . A monitoring and
maintenance program shall be established to insure wildlife habitat values
are protected. Rock dams, overhangs, splash pools and erosion control
structures shall be included in the corridor plan design. The detailed
restoration plan shall be developed for Lawlor Creek in coordination with
the County, the California Department of Fish and Game, U.S. Fish and
Wildlife Service, local Audubon and California Native Plant Society
representatives and other environmental organizations. A streambed
alteration agreement shall be obtained if determined to be necessary by the
CDF&G. A wetland modification permit shall be obtained from the Army
Corps of Engineers if necessary. Implementation of the Restoration Plan
shall take place during the initial development phase of the Landfill.
4 Sandstone Outcrop Area. Livestock fencing shall be constructed around
the perimeter of the 72-acre sandstone area at the front of the Landfill to
exclude cattle and preserve upland habitat area. Landfill personnel and
construction operators shall be alerted regarding the protected area. Native
32
trees such as Oak and. California Buckeye shall be planted along the
perimeter of this area. The adjoining equalization basin and toe berm shall
be constructed to avoid damage to the protected area.
5 Weed Control Program. The landfill operator shall submit a weed control
program to control introduced weedy species on the Landfill property as
part of the Range Management Plan. The program is subject to approval
by the County Community Development Department. The weed control
program shall include a list of noxious weeds, periodic monitoring of these
species, and a weed control and removal program.
6 Phased Construction. The Landfill operator shall construct and operate the
Landfill in phases in order to reduce the acute impact to vegetation and
wildlife habitat. Mature trees should be removed only as needed, not more
than one year in advance of module development. Black walnut and other
heritage tree cuttings shall be taken with the direction of a research
organization such as the University of California's botanical garden.
7 Vegetation Protection. The Landfill developer shall employ dust
suppression measures to prevent damage from dust loading on vegetation.
Periodic watering of vegetation adjacent to the fill working area shall be
developed as part of the Range Management Plan.
8 Wildlife Exclusion and Vector Control. The Landfill operator shall construct
fences around the working area of the site, limit the size of the working
face, and cover refuse at least daily in order to exclude wildlife and control
vectors at the working area of the site.
9 -Supplemental Wildlife Surveys. The Landfill developer shall conduct
additional surveys to establish the presence or indicate the absence of the
following species at the landfill site.
a) San Joaquin Pocket Mouse. The survey shall be conducted
according to USFWS recommendations. If found, the developer shall
follow USFWS guidelines regarding appropriate mitigation
procedures.
b) The California Tiger Salamander and the Alameda Whipsnake. The
salamander study shall take place during the rainy season. If
salamanders are found to exist in the unnamed creek, they shall be
trapped and released to the Lawlor.Creek area. If the Alameda
Whipsnake is encountered, then facilities such as the equalization
basin, and the access road shall be relocated further from the
outcrop area. The outcrop reserve shall be expanded to include the
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easternmost outcrops. Consideration shall betaken in siting facilities
and. any activities north of access road. Lighting shall be shielded
and shall illuminate only paved areas in this vicinity.
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24. BIRD AND VECTOR CONTROL
I
1 Bird and Vector' Control Objective. The Landfill operator shall manage the
facility in such a manner that prevents and controls the attraction and/or
generation of birds and vectors at the site.
2 Soil Cover Frequency. See Condition 20.3.
I
3 Working Face. 'See Condition 17.17
4 Bird Control. If birds become a problem at the Landfill in the judgement of
the County Health Services Department, the Landfill operator shall institute
a contingency bird control program. Such a program may consist of
monofilament or wire lines suspended in the air at appropriate intervals over
and around theiactive disposal area. The Landfill operator shall retain a
biologist duringl the initial period of operation to (1) assess the effec-
tiveness of the monofilament line for bird control and (2) assess the effect
of the line on avian predator species. If necessary, additional corrective.
measures shall 1be taken at that time. Such measures may include a
reduction in the size of the working face of the landfill, the use of nets over
the working face, or the use of a habitat manipulation and modification
program.
5 Rodent Control. If waste compaction does not eliminate live rodents from.
the Landfill footprint, or if rodents (other than small numbers of field mice,
etc.) occupy facility landscaping or agricultural areas, the operator shall
work with the local enforcement agency to identify the reasons for the
presence of rodents and make appropriate changes in operational
procedures. If an eradication program is necessary, the use of alternative
rodent control pr`,ograms such as sustained live trapping using nonpoisonous
baits, and naturbl biological control shall be considered. Anti-coagulants
shall be administered by a pest management professional in a manner
which minimizes exposure to avian predators. Class 1 pesticides shall not
be used.
6 Mosquito Control. The Landfill operator shall grade areas within the Landfill
property to prevent ponding of water which could harbor mosquitos (except
for sedimentation ponds and riparian habitat areas). Sedimentation ponds
shall be stocked with mosquito fish. If a mosquito problem persists, the
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County Health Services Department may require the preparation and
implementation of additional mosquito control measures, such as spraying
of non-toxic larval suppressant.
7 Fly Control. The Landfill operator shall limit the size of the working face
and shall cover refuse daily in order to prevent fly proliferation. If an
eradication program is necessary, the use of a pest-control specialist shall
be considered and a plan implemented pursuant to approval by the County
Health Services Department.
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25. LITTER CONTROL
1 Litter Control Objective. The Landfill operator shall manage the facility in
a manner which confines litter to the working face of the Landfill, which
prevents litter from accumulating another parts of the site, and which
prevents litter from being blown off the site.
2 Load Covering. The Landfill operator shall implement a program to exclude
uncovered loads from arriving at the Landfill. The program shall be subject
to the approval of the County Health Services Department.
3 Load Cover Enforcement. If routine enforcement of load cover .
requirements is not effective, the Landfill operator shall offer to contract
with the Sheriff's Department to enforce regulations requiring the covering
of trucks and trailers.
4 Contingency Litter Control. Under windy conditions, the Landfill operator
shall cover the refuse with soil as often as necessary to control blowing
litter. Other options shall be considered as necessary, including the
alignment of unloading areas away from the prevailing wind direction,
increasing the number of compactors, decreasing the active face size, and
reducing the number of vehicles tipping at one time. The County Health
Services Department shall have the authority to enforce this requirement.
See Section 20.8.
5 Portable Litter. Fences. The Landfill operator shall install portable fencing
near the working face of the Landfill to intercept wind-blown debris.
6 Permanent Litter Fence. The Landfill operator shall install a permanent
fence of wire around the current fill area of the Landfill. The location shall
be subject to the approval of the County Health Services Department.
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On-Site Liter Policing. The Landfill operator shall remove litter from the
litter fences and planting screens at least once each day. On-site roads
shall be policed at least daily. The County Health Services Department may
require more frequent policing to control the accumulation of litter.
8 Off-Site Litter Policing. The Landfill operator shall provide weekly (or more
frequent) litter clean-up from West Leland Road to at least 500 feet south
of the site entrance during the Landfill's first year of operations. Based on
experience, the County Health Services Department may modify frequency
of clean-up and/or area of coverage. If wind-blown litter from the landfill
reaches other properties, the Director of Health Services may require the
Landfill operator to remove the litter and the Director may require the
operator to institute additional measures to prevent recurrence of the
problem.
9 Littering Signs. The Landfill operator shall post signs, as determined
necessary by the County Public Works Department, along access roads to
the Landfill noting littering and illegal dumping laws. The Landfill operator
shall post signs at the Landfill entrance noting the hours when the Landfill
is open. The operator should periodically publish these laws and operating
hours in mailings to Landfill clientele.
1',0 Clean-Up Bond. The Landfill developer shall deposit a surety bond for .
10,000 payable to the County to use for clean-up in the event of
emergency or disputed littering or spills.
111 Public access. Public access to the landfill shall be prohibited.
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26. PUBLIC HEALTH AND SAFETY
1. Safety Objective. The Landfill operator shall manage the facility in a
manner which does not impair the safety of persons living in its vicinity,
Landfill users, or Landfill employees.
2Emergency Plan. The Landfill operator shall prepare an emergency plan
specified by the Solid Waste Facilities Permit and approved by the County
Health Services Department. The emergency plan shall include the
following:
a) A fire and explosion component.
b) A seismic component.
c) A hazardous waste spills and contamination containment
component.
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d) An evacuation component.
3 Employee Safety Equipment. The Landfill operator shall provide or require
employees to provide safety equipment, such as safety glasses, hard hats,
safety shoes, gloves, coveralls, and noise reducers as required by state and
federal safety agencies and the County Health Services Department.
4 Employee Training. The Landfill operator shall develop and implement
training and subsequent refresher training programs covering accident
prevention, safety, emergencies and contingencies ("bad-day" scenarios),
gas detection, identification of hazardous materials and ground fissures,
first aid, and instruction in the use of equipment. The programs shall be
subject to the approval of the County Health Services Department.
5 First Aid Equipment. The Landfill operator shall provide and maintain
supplies located in easily accessible areas. The first aid supplies shall be
consistent with the Occupational Safety and Health Administration
requirements and subject to the approval of the County Health Services
Department.
6 Emergency Communications. The Landfill operator shall provide radio
phones or telephones for employee use to call for medical and other
emergency assistance. n Phone numbers to use for outside emergency.
assistance shall be clearly posted on the Landfill and in other work areas.
The communications system shall be subject to the approval of the County
Health Services Department.
7 Emergency Eye Baths and Showers. The Landfill operator shall provide
facilities for emergency eye baths and emergency showers. The facilities
shall be subject to the approval of the County Health Services Department.
8 Equipment Maintenance. The Landfill operator shall prepare and implement
an equipment maintenance program which shall be approved by the County
Health Services Department prior to the commencement of operations. The
program shall address transfer vehicles and other refuse-conveying vehicles
stored on the site as well as the station's refuse-moving vehicles and
mechanical equipment. Vehicles and equipment shall be regularly cleaned
to reduce the risk of fires.
9 Gas Migration Monitoring. The Landfill operator shall prepare and
implement a gas migration monitoring program to detect underground gas
migration. Landfill buildings and paved areas within 1 ,000 feet of the
Landfill shall be monitored. The monitoring program shall be approved by
the County Health Services Department.
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10 Refuse Cover. See Condition 20.3.
11 Load Inspection. See Condition 7.1 .
27. SITE SECURITY
1 Security Objective. The Landfill operator shall manage the facility in a
manner which prevents unauthorized persons from having access to the
working areas of the Landfill both during and after operating hours.
2 Security Fencing. The Landfill developer shall install a security fence
around the perimeter of the site with lockable gated entrances and exits.
The fence shall be located to minimize its visual impacts. , It shall be
included in the Development and Improvements Plan.
3 Security Staffing. The Landfill operator shall staff the Landfill 24 hours per
day. Private security services may be retained when the site is not open.
4 Security Lighting. The Landfill developer shall install and operate adequate
lights at the entrance area to the Landfill. The lighting shall be provided in
a manner which minimizes glare to nearby residents and road users. The
security lighting shall be covered in the Development and Improvements.
Plan.
28. CULTURAL RESOURCES
1 Cultural Resource Preservation Objective. The Landfill developer shall
construct the facility in such a manner that preserves important
archaeological or historic sites.
2 Employee Access. Employee access to the buffer area, the Lawlor Creek
area, or the sandstone outcrop area shall be limited to duties associated
with landfill maintenance. Artifact collection or vandalism in these areas
shall be strictly prohibited.
3 Archaeology. The Landfill operator shall cease work in the immediate area
if buried human remains or archaeological features (e.g., petroglyphs) are
uncovered during construction or operation. Work in the immediate area
shall cease until a qualified archaeologist is consulted and approves
resumption of work. Should human remains which may be of Native
American origin be encountered during the.project, the County Coroner's
Office shall be contracted pursuant to the procedures set forth in the Health
38
and Safety Code. The County Community Development Department shall
also be notified.
29. TRANSPORTATION AND CIRCULATION
1 Traffic Objective. The Landfill operator shall manage the facility in such a
manner that provides safe, efficient transport of solid- waste, while
minimizing impacts to County residents.
2 Access Route. Access to the landfill facility shall be via State Highway 4,
and Bailey Road. No waste-hauling traffic shall be allowed entrance to the
landfill from Bailey Road south of the site. The Landfill operator shall
specify use of the prescribed route in all user contracts and shall notify non-
contract users of the requirement. At the request of the Board of
Supervisors, the Landfill Operator shall reimburse the County for the cost
of enforcement of this Condition on the access route. The Board of
Supervisors may also request the Landfill operator to reimburse the City of
Concord for an access control police inspection stop on Bailey Road should
it become necessary to enforce this access route condition.
3 Landfill Access Road. The Landfill developer shall install a_paved, two-lane
access road between Bailey Road and the edge of the current working lift .
of the landfill. A facility parking lot, a bridge across Lawlor Creek, a 12-
foot turnaround lane, and parking/turn-off lanes shall be provided. the
traffic lanes shall be built to a suitable Traffic Index (between 10.0 and
10.5)• The roadway shall be constructed of all-weather driving surfaces of
not less than 20 feet of unobstructed width, and not less than 13'-6" of
vertical clearance, to all landfill areas within the site. The road shall not
exceed 20% grade, shall have a minimum centerline turning radius of 30
feet, and must be capable of supporting the imposed loads of fire apparatus
20 tons). The access road shall be operational when the landfill opens.
All costs shall be borne by the Landfill developer. The design and
specifications of the roadway shall be approved by the County Public
Works and Community Development Department in consultation with the
Riverview Fire Protection District.
4 Landfill Entrance. The Landfill developer shall construct the Bailey Road
entrance to the site in a manner that provides safe access into the landfill.
This improvement shall include the following for proper sight distance and
intersection design: a separate left turn lane at least 150 feet in length and
an acceleration lane, at least 1200 feet in length, leading north on Bailey
Road, away from the site. The landfill developer shall also become
responsible for a traffic signal at a later date, if warranted. The County
39
t
Public Works Department shall approve the design of the entrance and
estimate its cost. All costs shall be borne by the Landfill developer.
5 Bailey Road, Pittsburg city limits to the Landfill Entrance. The Landfill
developer shall reconstruct the sections of Bailey Road between the city
limits and the landfill entrance. The reconstructed roadway shall provide
the sight distance, and roadway geometrics (including shoulder widening)
specified by the County Public Works Department for truck use. This shall
include two twelve-foot lanes with eight-foot shoulders. These
improvements shall be in place prior to commencement of landfill
operations. The Landfill developer shall upgrade the pavement capacity to
reflect a 20-year life (an estimated Traffic Index of 10.0 - 10.5) along
Bailey Road between the Pittsburg city limits and the landfill entrance. The
County Public Works Department shall approve the design of the roadway
and pavement reconstruction and estimate its cost. All costs shall be borne
by the Landfill developer.
6 Bailey Road Pavement Study. The Landfill developer shall conduct a study
of the Bailey Road roadway from the Pittsburg city limits to the Highway
4 interchange to determine the improvements necessary to re-construct the
right hand (outside) traffic lanes of the road to a 20-year pavement
standard to be an estimated Traffic Index of 10.0 to 10.5. The County
Public Works Department, in consultation with the City of Pittsburg, shall
estimate the costs of the improvements, estimate the longevity of the
existing roadway under increased traffic conditions, and determine a per-
ton refuse disposal surcharge adequate to fund the improvements when
reconstruction is necessary. The Landfill operator shall impose the
surcharge and pay it quarterly into a segregated account established by the
County. The design of the improvements, their costs, the surcharge and
its disbursement shall be approved by the Board of Supervisors.
7 Road Maintenance. Subsequent to the funding of the above traffic lane up-
grading improvements, the landfill operator shall impose a surcharge for the
maintenance of Bailey Road between the Highway 4 interchange and the
Landfill intersection. The surcharge shall be estimated by the County Public
Works Department in consultation with the City of Pittsburg and shall be
based on the landfill's proportionate share of traffic on the road corridor
adjusted for vehicle weight and number of axles. The fees shall be paid
quarterly into a segregated account established by the County. The design
of the improvement, its cost, the surcharge and disbursements from the
segregated account shall be approved by the Board of Supervisors.
8 Highway 4/Bailey Road interchange. The Landfill developer shall participate
in an improvements district, benefit area, or other cooperative arrangement
40
I ,
I
with the County, the City of Pittsburg, and Caltrans which may be created
to improve the Highway 4/13ailey Road Interchange. The developer shall be
required to pay an amount for the improvements and maintenance
proportionate to the traffic generated by the landfill, adjusted for truck use.
If necessary, the developer shall advance the money for the interchange
design and improvements. The County Public Works Department shall
approve the design of the interchange and estimate its cost. The fees shall
be paid quarterly into a segregated account established by the County. The
design of the improvements, their costs, the surcharge, and disbursements
from the segregated account shall be approved by the Board of
Supervisors.
9 Peak Period Traffic Management. The Landfill operator shall prepare a
study, in conjunction with the transfer station serving the landfill, for
managing transfer vehicle traffic to reduce peak period conflicts with traffic
on Highway 4. The study shall address the restricted departure periods
from the Landfill identified in the Environmental Impact Report (6:30 - 8:30
a.m. and 3:30 - 6:30 p.m.) and shall identify any changes to the conditions
of approval needed to implement a peak-period traffic reduction program.
The study shall be approved by the County Public Works and Community
Development Department and shall be provided to the County Community
Development Department with the Development and Improvements Plan.
The Director of Community Development shall specify peak period traffic .
restrictions. The Landfill operator shall comply with such restrictions, and
shall require compliance in contracts with Landfill users.
10 Bicycle and Pedestrian Improvements. The Landfill developer shall
incorporate into the Transportation and Circulation Plan a bicycle and
pedestrian path system along Bailey Road in the vicinity of the landfill.
30. SITE SERVICES AND UTILITIES PLAN
Objective. The Landfill developer shall design, develop and manage the facility in
such a manner that services and utilities adequately meet the landfills
requirements, while ensuring the protection of site employees, area residents, and
the surrounding environment.
1 Final Site Services and Utilities Plan. The landfill developer shall prepare
and submit a final Site Services and Utilities Plan, and obtain the approval
of the County Community Development Department prior to beginning
construction. The Site Services and Utilities Plan shall be included in the
Development and Improvements Plan. The final Site Services and Utilities
Plan shall include:
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a) A water service component. (see Condition 30.2)
b) A fire protection component. (see Condition 30.5)
2 Water Service Component. The Landfill developer shall prepare and
implement a Water Service Component, covering available water resources,
estimated total water needs and supplies, landfill construction and
operation, landscaping, fire protection; employee hygiene, and human
consumption water needs, and water supply sources. Potable water shall
be provided for hygiene and consumption. Potable water may be trucked
onto the Landfill.
1.
3 On-site Water Wells. The Landfill operator shall install wells for water
supply with a minimum pumping capacity of 1,000 gallons per minute, or
must have on-site storage which produces this capacity. The County
Community Development Department and the County Department of Health
Services shall be furnished pumping test information which shall be
submitted with the Development and Improvement Plan.
4 Public Water Supply Option. The Landfill operator may substitute water
service from a public water supply system for the use of wells, if
arrangements can be made with the Contra Costa Water District and,
where applicable with the cities of Concord or Pittsburg. The water supply
may be potable or non-potable. Annexation to the Contra Costa Water.
District probably would be required, as well as an approval for annexation
from the Local Agency Formation Commission, and would have to be
obtained prior to the submission of the Water Service Plan as part of the
Final Development and Improvements Plan. The size and placement at the
water supply line shall be included in the Water Service Plan and shall be
subject to the approval of the County Health Services and Community
Development Departments.
5 Fire Protection Component. The Landfill operator shall develop and
implement a Fire Protection Component meeting the requirements of the
Riverview Fire Protection District to contain and extinguish fires originating
on the landfill property and off-site fires caused by Landfill operations. It
shall include training for all employees. The program shall be subject to the
approval of the County Health Services Department.
6 Fire District Programs. The Landfill developer shall participate in the
Riverview Fire Protection Districts Benefit Assessment Program and the
New Development Fees program.
7 Construction Timing. Access roads and water supply systems shall be
installed and in service prior to any combustible construction and/or related
42
landfill activity. No construction, excavation, or grading work shall be
started on this landfill facility until a plan for water supply system has been
submitted to and approved by the County Health Services Department and
the County Community Development Department. Water may be
transported onto the site during construction activities, but trucked water
shall not be used for ongoing landfill activities.
8 On-Site Water Storage. The Landfill developer shall provide an adequate
and reliable water supply for fire protection which shall include on-site
storage. The storage tank(s) shall have a useable capacity of not less than
240,000 gallons of water and shall be capable of delivering a continuous
flow of 1,000 gallons per minute.
9 Fire Fighting Water Main. If the Landfill developer exercises the alternative
of utilizing public water supply, an above-ground main of sufficient size and
quantity shall be provided, which when connected to the respective storage
tank, shall be capable of supplying the required portable monitor (see
Condition 30.11) with a minimum fire flow of 1,000 GPM delivered to the
working face of any open cell in the landfill operation.
10 Fire Cover. The Landfill operator: shall store a supply of soil nearby the
working face to be used for fire suppressant. The adequacy of the cover
stockpile shall be determined by the County Health Services Department in.
cooperation with the Riverview Fire Protection District.
11 Fire Fighting Appliance. The Landfill operator shall provide a minimum of
one (1) approved portable master-stream firefighting appliance (monitor)
located within fifty (50) feet of each working face of any open cell in the
landfill.
12 Fire Breaks. The Landfill.developer shall provide and maintain firebreaks as
follows: a) A minimum 100-foot firebreak around the perimeter of each
landfill disposal area, b) A minimum 60-foot firebreak around the perimeter
of the entire site and around any buildings or similar structures. The
firebreaks shall be placed to minimize any adverse visual effects. Their
locations shall be subject to the approval of the Riverview Fire Protection
District. The firebreaks shall be included in the Development and
Improvements Plana
13 Fire Extinguishers. The Landfill operator shall provide landfill equipment
with fire extinguishers large enough to fight small fires on the equipment
or on the landfill. The extinguishers and their distribution shall be subject
to the approval of the County Health Services Department and the
Riverview Fire Protection District.
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14 Use of Reclaimed Water for Landscaping. The Landfill Developer shall make
every effort to use treated waste water from a district sewage treatment
plant for landscape maintenance. The Landfill Developer shall report on this
matter to the Community Development Department.
15 Equipment and Cleaning. See Condition 20.24.
16 Smoldering Loads. The Landfill operator shall check incoming loads and
direct vehicles hauling smoking or burning trash to a designated place apart
from the current fill area. The loads shall be dumped immediately and the
fire extinguished before the waste is incorporated into the fill.
17 Emergency Equipment Access. The Landfill operator shall designate access
points for local fire protection agency access to all parts of the landfill and
routes. The access points shall be included in the Development and
Improvements Plan and shall be subject to the approval of the Riverview
Fire Protection District.
18 Smoking Prohibitions. The Landfill operator shall prohibit smoking on the
landfill except in designated areas. In no event shall smoking be allowed
near the working face of the landfill and the fuel storage area. Signs shall
be clearly posted and enforced.
19 Toilets. The Landfill operator shall provide portable chemical toilets near
the active disposal area for use of workers and drivers. Their placement
and maintenance shall be subject to the approval of the County Health
Services Department.
20 On-site Septic System. Septic systems shall be designed to County
Department of Health Service Standards, and State Health and Safety Code
requirements. The Landfill developer shall pay for any treatment plant fees.
21 Sewer Line. In the event that the Landfill developer elects to connect to a
sewer line, the developer shall pay for any capacity studies required, and
any resultant equipment and/or facilities.
31. WASTE REDUCTION AND RESOURCE RECOVERY
1 Waste Reduction and Resource Recovery Objective. The Landfill operator
shall manage the facility in such a manner that complies with the State's
waste management hierarchy of source reduction, recycling and
composting, and environmentally safe transformation and land disposal;and
that is consistent with the Countywide Integrated Waste Management Plan.
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2 199071995 Resource Recovery Program. The Landfill Operator shall
participate with the transfer station(s) operators(s), route collection
companies and direct haulers in designing and implementing a resource
recovery and recycling program for the service area which is consistent
with the goal of diverting 25 percent of all solid waste generated in the
County from landfill facilities by January 1, 1995.
3 1996-2000 Resource Recovery Program. Prior to 1995, the Landfill
operator shall prepare and submit for review and approval by the County
Community Development Department a resource recovery and,recycling
program for the service area covering the period from 1996-2000. , This
shall be consistent with the Countywide Integrated Waste Management
Plan's goal of diverting a total of 50 percent of all solid waste generated in
the County from landfill facilities by January 1, 2000.
A Materials Recovery. The Landfill operator shall prepare and implement a
program for recovering recyclable materials from refuse loads brought
directly to the landfill. The operator shall coordinate the material recovery
program with the operator(s) of a transfer station(s) serving the Landfill.
The program shall be consistent with the Countywide Integrated Waste
Management Plan and shall be subject to the approval of the County
Community Development Department.
5 Composting Project. The Landfill operator shall develop and implement a
pilot program for composting organic material at the landfill site. The
program may occur off-site, and shall be approved by the County Health
Services and Community Development Department. The compost shall be
used for landfill' landscaping, cover material or other approved uses. The
purpose of the pilot project shall be to determine the feasibility of large-
scale on-site composting. The composting operations shall meet the State
Department of Health . Services' regulations on land application, if
applicable. The pilot project shall be in operation within six months of the
opening of the Landfill. Its results shall be considered at the second Land
Use Permit review.
6 Wood Chipping. The Landfill operator shall establish a program to
encourage landscape services and construction/demolition material haulers
to segregate wood material for chipping. The program shall be approved
by the County Community Development Department and shall be placed in
operation within six months of the landfill's opening.
7 Methane Recovery. The Landfill-operator shall explore the use of methane
in landfill gas collected for air pollution reduction as a fuel commodity. The
operator shall report findings to the Community Development Department
45
at the time of the landfill's periodic reviews. If there is an economic use _
found for recovered methane, and if the County subsequently includes the
use in its Integrated Waste.Management Plan, the Landfill operator shall
implement a methane recovery program.
8 Equipment Maintenance. The Landfill operator shall maintain motorized
landfill equipment to assure maximum fuel efficiency.
9 County Resource Recovery Management Program. When directed by the
County, the Landfill operator shall impose a tonnage surcharge adequate to
support a County Resource Recovery Management Program consisting of
the Office of Resource Recovery Management and its program. The cost
of the program to be supported by the surcharge shall not exceed
100,000 at 1987 levels. If other solid waste disposal facilities are subject
to this or a similar condition, the County may pro-rate the cost of the
program among them according to a formula approved by the Board of
Supervisors.
10. Fund Recovery. The Landfill owner may recover funds provided to the
County in advance of the opening of the Landfill through subsequent rate
adjustments or surcharges approved by the County. The County may pro-
rate the cost of the program among other waste disposal facilities it
approves which are subject to similar conditions.
32. CONSTRUCTION ACTIVITIES AND CONDITIONS
1 Hours of Construction. The Landfill developer shall restrict outdoor
construction activities to the period from 8:00 a.m. to 6:00 p.m. Monday
through Saturday. .
2 Exemption. The Landfill developer may request, in writing, and the Director
of Community Development may grant, exemptions to Condition .1 for
specific times for cause. An example is the placing of concrete.
3 Access Roads. Before commencing landfilling operations, the Landfill
developer shall install and pave the site access road from Bailey Road to the
Phase I excavation area (see Initial Facilities Site Plan drawing.of the Initial
Development and Improvements Plan, Condition 16.1). This installation
shall include the new bridge over Lawlor Creek and the turnaround lane.
An area which can be used by the California Highway Patrol for vehicle
inspection/weighing shall also be constructed.
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4 Phasing Plan. The Landfill developer shall design a Phasing Plan setting
forth a schedule of construction activities and projects, with detailed
information provided on sensitive installations such as the landfill liner and
the leachate collection and gas management systems.Sensitive
installation projects shall be- subject to inspection by the Geotechnical
Inspector.(Condition 23.6). The necessary installations of the Surface
Drainage System (Condition 18.2) and Soil Erosion and Control Plan.
Condition 18.4) shall be in place before major excavations commence in
order to ensure controlled surface water runoff. Sediment in the
sedimentation pond shall be monitored to control quality of runoff.
Construction activities shall be timed to coincide with the dry season and
low surface water flows.
5 Unstable areas. Areas determined to be unstable by the Stability Analysis
performed for the landfill (condition 18.4) shall be excavated or retaining
walls installed under the supervision of a Certified Engineering Geologist or
a Registered Geotechnical Engineer.
6 Dust Suppression. The developer shall sprinkle or chemically treat graded
areas, borrow sites, stock piles, and temporary pavements to control dust, .
as determined necessary by the County Health Services Department.
33. CLOSURE AND POSTCLOSURE MAINTENANCE
1 Submittal of Plan. The.Landfill operator shall submit to the San Francisco
Regional Water Quality Control Board, the Integrated Waste Management
Board, and the County Health Services Department a plan for the closure
and the postclosure maintenance of the landfill as required by State law,
but no later than upon application for a Solid Waste Facilities Permit. A
copy of the closure and postclosure maintenance plan shall be submitted
to the County Community Development Department.
2° Funding of Closure and Postclosure Maintenance Plan. The Landfill
operator shall submit to the Board of Supervisors and California Integrated
Waste Management Board evidence of financial ability to provide for the
cost of closure and postclosure maintenance in an amount not less than the
estimated cost of closure and 15 years of postclosure maintenance as
contained in the submitted closure and postclosure maintenance plan.
Evidence of financial ability shall be in the form of a trust fund approved by
the Board of Supervisors in which funds will be deposited on an annual
basis in amounts sufficient to meet closure and postclosure costs when
needed or an equivalent financial arrangement acceptable to the Board of
Supervisors and the California Integrated Waste Management Board. The
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Landfill operator shall maintain a trust fund balance that equals or exceeds
the requirements of state law or regulation notwithstanding, however, the
trust fund balance shall be at least equal to the then current closure and
postclosure cost estimate at such time the landfill has reached one-half of
its permitted capacity: The Trust Fund balance requirement shall be
appropriately adjusted if the landfill is closed in stages under Condition
33.4.
3 Revision to Plan and Cost Estimates. Should State law or regulation
regarding the closure and postclosures maintenance plan or funding of the
plan change at any time, the owner of the landfill shall submit any required
changes to the closure and postclosure maintenance plan and/or evidence
of financial ability to the Board at the same time as submittal to the
applicable state or regional agency.
4 Staged Closure of the Landfill. The landfill owner or operator shall close
the landfill in stages if compatible with the filling sequence and the overall
closure plan.
5 Use of Landfill Following Closure. After active landfill operations have
ceased, the site shall be utilized for grazing purposes. The Board may
require the owner of the landfill to deed all development rights for the
landfill site to the County to ensure fulfillment of this condition.
6 Postclosure Maintenance. The Landfill operator shall institute a postclosure
maintenance program to ensure that containment and monitoring facilities
retain their integrity. If damaged areas are found, the operator shall notify
the County and take remedial actions to prevent odor and landfill gas
problems.
34. ABANDONED VEHICLE STORAGE
1 Storage Requirement. The Landfill operator shall provide a minimum 10-
acre area on the landfill site for the storage of abandoned vehicles awaiting
salvaging, if required by the Board of Supervisors. The storage site
operator shall accept only vehicles directed to the site by a law
enforcement agency operating in Contra Costa County, which shall be
responsible for the vehicle until its title is conveyed to a salvager. The site
would provide storage only;operations of disposing, salvaging, and security
of abandoned vehicles shall not be the responsibility of the operator. The
site may be subject to further planning and development approvals, and
would be subject to the California Environmental Quality Act. The storage
of abandoned vehicles shall be subject to conditions set by the County
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Health Services Department, and may be subject to the approvals of
regulatory agencies having jurisdiction.
2 Off-site Storage Option. The Landfill operator may establish the abandoned
vehicle storage area at another location, which shall be subject to the
approval of the County Community Development Department.
35. SPECIAL CONDITIONS OF APPROVAL
1 Transportation System Impact Fee: The Landfill operator shall pay to the
County of Contra Costa a Transportation Impact Fee of $2.00 per ton of
waste received at the Landfill to mitigate the general impacts of the
Landfill-generated traffic on the County's road system. The operator shall
deposit the fee monies quarterly in a segregated account established by the
County. The fee shall be considered to be a pass-through business cost for
the purposes of rate setting. The fee shall be adjusted annually to reflect
the current Consumer Price Index.
2 Open Space and Agricultural Preservation Fee. The Landfill operator shall
pay to the County of Contra Costa an Open Space and Agricultural
Preservation Fee of $2.00 per ton on solid wastes received at the Landfill
to mitigate the general impacts of the Landfill on open space, existing and _
proposed recreational facilities, and agriculture. The operator shall deposit
the fee monies quarterly in a segregated account established by the
County. The fee shall be considered to be a pass-through business cost for
the purposes of rate setting. The fee shall be adjusted annually to reflect
the current Consumer Price Index.
3 Property Value Compensation Program. The Landfill operator shall provide
funding for the preparation of a property value compensation program study
when requested by the County of Contra Costa. The study will address the
means of determining the extent of property value losses or reductions
attributable to Landfill impacts, such as aesthetics, noise, traffic, or
pollution, and the means of compensating property owners for said losses
or reductions. When a compensation program is adopted by the Board of
Supervisors, the Landfill developer shall fund it in the manner specified by
the Board. If the Board of Supervisors determines than progress on .the
implementation of a compensation program is not proceeding in a timely
manner, the Board may require the use of a facilitator and/or an arbitrator.
The fee shall be considered to be a pass-through business cost for the
purposes of rate setting.
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4 Resource Recovery Program Fee. The Landfill developer or operator shall
pay to the County of Contra Costa a resource recovery program fee of
200,000 annually, beginning July 1 , 1990. The developer or operator
shall deposit the monies in a segregated account established by the County.
The extent of the fee shall be subject to reconsideration when a franchise
or agreement is established for the Landfill. The resource recovery program
fee from its inception shall be a pass-through business cost for the purpose
of rate setting. The fee shall be adjusted annually to reflect the current
Consumer Price Index.
5 Violation of Prescribed Haul Route. Upon a determination of the County
that a user of the Landfill has violated Condition of Approval Section 29 by
using a prohibited access route, and upon a written direction by the
County, the Landfill operator shall impose on that user the sanction that is
directed by the County. Such sanction may include a surcharge on the
tipping fee, prohibition against accepting waste from that user for a
designated period of time, revocation of County refuse-hauling license, or
other sanction directed by the County. A system for reporting alleged
violation and for monitoring enforcement data shall be established by the
County and Landfill operator.
6 Direct Property Acquisition Study. The Landfill operator shall study the
appropriateness of direct acquisition of properties immediately adjacent to
the project, and shall fund any acquisition program ordered by the Board of
Supervisors. The study shall be consistent with the Environmental Impact
Report and shall be completed prior to the issuance of a franchise
agreement.
7 Adjoining Sites. This permit authorizes the use of the Keller Canyon Landfill
site only for its specified waste disposal uses as set forth in these
Conditions of Approval, and for no other uses. In particular, during the
effective and operative periods of this Permit, the Keller Canyon site
covered by this Permit shall not be used to provide access to, or to
accommodate in any way the use of, any adjoining property for landfill
purposes, unless the County has approved the use of such adjoining
property for landfill purposes.
CAZ:jal/keller.coa(wp5)
2/1/90
2/27/90
6/20190
7/5/90
7/24/90 - Annotated Version
7/25/90
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Exhibit F
FINDINGS DOCUMENT
BEFORE THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
FINDINGS IN SUPPORT OF A REZONING,
WILLIAMSON ACT CANCELLATION, MINOR
SUBDIVISION, AND ISSUANCE OF A LAND
USE PERMIT FOR REFUSE DISPOSAL FOR
THE KELLER CANYON LANDFILL PROJECT
JULY 24, 1990
ROOM 107 , McBRIEN ADMINISTRATION BUILDING
651 PINE STREET
MARTINEZ, CALIFORNIA
T l
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KELLER CANYON LANDFILL LAND USE PERMIT, WILLIAMSON ACT
CANCELLATION, REZONING,
AND MINOR SUBDIVISION FINDINGS
I. INTRODUCTION AND BACKGROUND
The Board of Supervisors of Contra Costa County, State of
California, (hereinafter the "Board" or "Board of Supervisors")
makes the following findings and declarations in support of the
Board's action in enacting a rezoning, land use permit, minor
subdivision, and cancellation of a Williamson Act contract for
the project generally known as the Keller Canyon Landfill
Project.
The Keller Canyon Landfill site is located southwest of the
City of Pittsburg in the unincorporated area of the County, east
of Bailey Road. The site is not within the Sphere of Influence
SOI) of any city. The total site area is + 2, 628 acres, with
1, 006 acres designated a special buffer area. The primary
project area consists of + 1, 622 acres, wherein + 375 acres are
proposed for landfill and support activities. The landfill will
have an estimated refuse capacity of 50+ million cubic yards,
with an estimated project life of 35+ years to provide needed
refuse disposal capacity for the County.
The County of Contra Costa is the lead agency under the
California Environmental Quality Act (hereinafter "CEQA") for the
Keller Canyon Landfill Project, which includes a rezoning, land
use permit, cancellation of Williamson Act contract, and a minor
subdivision. ,of property. In addition to the foregoing
entitlements issued by the County, the project will require the
issuance of Waste Discharge Requirements (WDR' s) from the
California Regional Water Quality Control Board (RWQCB) , San
Francisco Bay Region; an Authority to Construct (A/C) and Permit
to Operate (P/O) from the Bay Area Air Quality Management
District (BAAQMD) ; and a Solid Waste Facilities Permit from the
County Health Officer (as the Enforcement Agency) and the
California Integrated Waste Management Board (IWMB) . The County,
as the lead agency, determined that an EIR was required for the
project. A previous EIR was prepared in connection with a
county-sponsored set of five General Plan Amendments and a
revision to the County' s Solid Waste Management Plan (hereinafter
COSWMP") which EIR was certified on or about August 15, 1989 by
the Board of Supervisors.
The previous EIR prepared for the COSWMP provision and the
five general plan amendments was a program level EIR, to be
followed by site specific EIRs on one or more landfill projects.
The Keller Canyon Landfill Project EIR is such a site specific
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second-tier EIR. A public review period for comments on the
draft EIR was held from October 30, 1989 to December 14 , 1989. A
public hearing was held on November 28, 1989 in Pittsburg,
California to receive comments on the draft EIR. The final EIR
FEIR) for the Keller Canyon Project, which consists of the FEIR
response document and Volumes 1 and 2 of the draft Environmental
Impact Report, was finalized and distributed on February 1, 1990.
On February 7, 1990 the Contra Costa County Zoning Administrator
recommended that the Board of Supervisors certify that the FEIR
is adequate.
The Board of Supervisors previously adopted General Plan
Amendments for the five (5) COSWMP-designated landfill sites on
October 10 and 17 , 1989 , including a General Plan Amendment (GPA)
for the Keller Canyon site. A referendum effort sponsored by the
City of Pittsburg obtained enough signatures to place a
referendum challenging• the Keller Canyon GPA on the June 5, 1990
primary election ballot. The referendum was unsuccessful and the
Keller Canyon GPA was approved by the voters with a winning
percentage of 54 . 8% of the vote. A referendum measure
challenging a GPA for the Garaventa landfill, the East Contra
Costa Sanitary Landfill, was successful, with the voters casting
a 67 .7% "no" vote against this alternate site.
On February 13 , 1990, a public hearing was held before the
Board of Supervisors to consider the adoption of a General Plan
Amendment, rezoning, minor subdivision, cancellation of
Williamson Act Contract, and issuance of a Land Use Permit for
refuse disposal•! .•(A General Plan Amendment (GPA '3-89-C0`-II)
sponsored by the Keller Canyon Landfill Co. was being processed
because of the pending referendum challenge. Extensive public
testimony was taken, , and documentary evidence received. Public
oral testimony was concluded on February 13 , 1990, with the
written -record remaining open until 5: 00 p.m. on 'February 20, .
1990, for the receipt of any additional written or documentary
evidence. )
On February 13 , 1990, the Board of Supervisors certified
that the final Environmental Impact Report for the Keller Canyon
Landfill Project, including the applicant-sponsored general plan
amendment, rezoning, land use permit, cancellation of Williamson
Act contract and minor subdivision, had been completed in
compliance with CEQA, and that the FEIR has been presented to the
Board and that the Board has considered the FEIR in its
consideration on the Keller Canyon Landfill Project.
On February 27, 1990, the Board declared its intent to
approve General Plan Amendment 3-89-CO II for the Keller Canyon
Landfill , the Keller Canyon Land Use Permit LUP 2020-89 (as
delineated by the Conditions of Approval) , Rezoning 2834-R2,
Cancellation of Agricultural Preserves #6-71 and #8-69 (partial) ,
Minor Subdivision MS 15-89, after the electorate voted at the
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June 1990 election to approve the October 1989 Keller Canyon
General Plan Amendment. The matter was brought back before the
Board as a result of the voter approval of the GPA authorizing
the landfill site. The Board has read and considered the FEIR
and all evidence preparatory to its deliberations in connection
with the issuance of this Land Use Permit and related
entitlements. The applicant has withdrawn its request that
General Plan Amendment 3-89-CO II be considered by the Board of
Supervisors at this time, and said proposed GPA is hereby tabled
by the Board.
THE REQUIREMENT OF FINDINGS
The County, acting as the lead agency, has determined that a
written finding, accompanied by an explanation of the rationale
for the finding, should be prepared for each potentially
significant impact identified An the FEIR. In addition, the
County, as lead agency, has set forth a reporting or monitoring
program for the aspects of the project' s approval where
conditions of the project' s approval either mitigate or avoid
significant impacts to the environment. The Board of Supervisors
finds that the reporting or monitoring program set forth herein
at Section V complies with the requirements of Public Resources
Code § 21081. 6.
In addition to the CEQA requirement for the preparation of
written findings, the County is also required to set forth
written findings demonstrating the basis for land use decisions
in connection with the Keller Canyon Landfill Project. These
findings disclose the framework for making decisions, to help
make land .use analysis orderly, based upon a fair and reasoned
iconsideration of the. evidence before the County Board of
Supervisors_. The land use findings are set forth in Section VI
below. In connection with the land use findings, the Board has
read and considered the COSWMP EIR, the Keller Canyon FEIR and
all evidence before the Board. The Board has relied on the FEIR
and the information contained or referenced therein as setting
forth a comprehensive analytical framework for the Keller Canyon
Landfill Project land use decisions. The FEIR, prepared in
compliance with CEQA and the State CEQA Guidelines, provides the
analytical basis for the Board to evaluate raw data, information
and evidence `presented in public hearings, serving as the
cornerstone of the Board's decision-making process. The Board's
decision to issue land use entitlements to the applicant. is based
on all evidence presented to the Board, supported by substantial
evidence in the record, within the analytical and decision-making
framework set forth in the FEIR. It is the intent of the Board
that this findings document be considered as an integrated whole.
THE CEQA FINDINGS REQUIREMENT
CEQA and State CEQA guidelines contain specific requirements
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for findings that must be made by a lead agency when it approves
a project for which an EIR has been prepared. These requirements
are found in Public Resources Code §§ 21081 and 21081. 5 and the
State. CEQA guidelines (14 CCR § 15000 et seq. ("guidelines") ,
particularly §§ 15091 and 15093 . The lead agency must make a
finding for each potentially significant impact, either that it
has been mitigated below a level of significance, or that
mitigation is not feasible and the project' s overall benefits
outweigh its risks (Statement of Overriding Considerations) .
Table No. 1 from the FEIR, .pp. 1-6 through 1-19 sets forth a
Revised Summary of Environmental Impacts and mitigation measures.
The Table is incorporated by reference as though fully set forth
herein.
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With respect to the findings and determinations required by
sCEQA and the State CEQA guidelines, the Board of Supervisors
hereby finds and determines as follows:
A. A finding is made for each potentially significant
impact identified in the FEIR. Each finding set forth below is
based on the entire record before the Board.
B. The finding for each impact describes the mitigation
measure (s) applicable and indicates that the measures as
specified and detailed should be required or considered in the
project approval. Where an impact is considered ,unmitigable, the
Board has considered and adopted a Statement of Overriding
Considerations.
C. The mitigation indicated will be' considered and
required by the County, and where appropriate, mitigation is
indicated as being potentially required- by other public agencies.
See Public Resources 'Code § 21081, CEQA Guidelines § 15091. )
The Conditions of Approval and those special conditions or
supplemental conditions adopted require the mitigation measures
identified in the FEIR. The language of the Conditions of
Approval in any given instance may not use the exact wording of
the FEIR to describe the mitigation measure, but the mitigation
measures have been required. To this end, the Conditions of
Approval and the stated mitigation measures are to be considered
as an integrated whole with these findings.
D. With respect to each finding, the Board hereby
determines that there is substantial evidence in the record, and
that a factual basis exists to support each finding (Public
Resources Code § 21081. 5, CEQA Guidelines § 15091. )
E. Consideration has been given to each alternative
analyzed in the FEIR, and findings have been made with supporting
rationale for rejecting each alternative. (Public Resources Code
21081, CEQA Guidelines § 15091. )
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F. In the face of an urgent need to provide sufficient
landfill capacity in order to forestall a public health hazard
and to meet the County' s population and employment base needs,
the Board of Supervisors hereby finds and determines that its
Statement of Overriding Considerations contained in the findings
is applicable in those instances where there may remain any
unavoidable, significant impacts after mitigation. (CEQA
Guidelines § 15093 . )
THE LAND USE PERMIT CONDITIONS OF APPROVAL (COA)
As is more fully set forth in Section VI below, the County
issues a Land Use Permit for Refuse Disposal pursuant to the
County Ordinance Code, Division 418. The standards for permit
issuance and the findings in support thereof are set forth in
Section VI. The Conditions of Approval are incorporated by
reference as ,though fully set forth herein.
The Land Use Permit Conditions of Approval largely provide
to the County a means of implementing various regulations
pertaining to landfills, Environmental Impact Report mitigation
measures, County policies and programs, and (by specification of
the COA) the applicant's own development proposals. The
Conditions are written to provide to the reader a sense of the
overall requirements on a particular subject and to ensure that
pertinent regulatory agencies' requirements also become County
requirements tied to the Land Use Permit. Thus, the COA
regularly impose !'Subchapter 15" requirements (e.g. , Maximum
Credible Earthquake, 1, 000-year 24-hour design storm, etc. ) , even
though the Regional Water Quality Control Board would implement
these state requirements, and the COA include many operations
requirements that the County Health Services Department would
include in the Solid Waste Facilities Permit in carrying out
state laws.
Aside from physical development requirements, the COA
include administrative and County policy conditions. Examples of
the latter are provisions for rate review and franchising, which
reflect recent programs required by the Board of Supervisors.
Where possible, an effort has been made to identify those
COA which implement CEQA mitigation measures.
THE RECORD BEFORE THE BOARD
The record before the Board includes without limitation the
following:
1. all documentary and oral evidence received and
reviewed by the County Zoning Administrator, the County Planning
Commission, and the Board of Supervisors on the draft EIR and the
FEIR, for the Keller Canyon Landfill Project including the
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general plan amendment, rezoning, land use permit, cancellation
of the Williamson Act contract, and the minor subdivision;
2'. all staff reports and responses generated with
respect to the Keller Canyon Landfill Project;
3 . the final project-level FEIR, including all
notices relating to the FEIR and all, documents and reports
incorporated by reference into the EIR; the COSWMP FEIR (August
1989) and all notices and supporting documentation for the
October 10, 1989 and October 17, 1989 General Plan Amendments
adoption, and all hearings and proceedings relating thereto;
4 . all pleadings, documents, orders, judgment and
peremptory writ of mandate in the case entitled California Waste
Management Board v. Board of Supervisors, et al . , Contra Costa
County Superior Court' No.' C89-00833 ;
5. all staff reports and responses to Planning
Commission and• Board inquiries on all other landfill sites;
6. all FIRS, including notices, initial studies,
consultations, scoping meeting records, technical reports,
memoranda and appendices prepared in connection with all other
Alandfill sites, including, without limitation, the Garaventa East
Contra Costa Sanitary Landfill, Kirker Pass, Bay,Pointe, and
Marsh Canyon sites;
7 .all applications, site characterizations, studies,
EIRS, or other environmental evaluations or documentation
concerning alternative sites, prepared by or submitted to the
County;
8. the June 1986 Southeast County Landfill siting
study;
9. the July 1987 final report of the Landfill Siting
Task Force (the "Blue Ribbon" Task Force) ;
10. the February 1985 Central Contra Costa Sanitary
District (CCCSD)/Contra Costa County Solid Waste Project Report,
and supporting background documentation;
11. the March 13 , 1990 Preliminary Cost Analysis for
landfills;
12 . The County Hazardous Waste Management Plan and
supporting technical reports, studies and recommendations;
13 . Waste Export agreements, .and private operator
agreement information between the County of Contra Costa and
Alameda and Solano Counties;
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14. E The Acme Fill Expansion Joint EIR/EIS, 1983-84.
15. The Acme Fill Waste Recovery and Transfer Station
EIR, dated 1987 ;
16. All files, notes, memoranda, interdepartmental
communications and reports generated, kept or maintained by the
Community Development Department, the Public Works Department,
the County Health Services Department and the County
Administrator's office utilized in material presented to the
Board in connection with its consideration of landfill projects;
17. all matters of common knowledge, such as the
County General Plan, the County Ordinance Code, the County
policies and regulations, the County Solid Waste Management Plan
and revisions to it, and applicable state laws and regulations.
As set forth herein, the Board has endeavored in good faith
to set forth the basis for its decisions, based upon the evidence
contained in' the record. All findings made by the Board are
based on the entire record before the Board, whether the evidence
in support of any finding be found in one document, or several
documents taken in combination. . The Board has relied on portions
of documents, references contained within those documents and
related materials in reaching its determinations, and hereby
finds and intends that its actions are supported by evidence
contained in any portion of documents contained in the record.
Because ,of the voluminous nature of the record, the above
description of the record is not intended to be limited by the
subparagraph general description of categories, as such
descriptions are grouped for the sake of order and convenience.
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II.
FINDINGS REGARDING
POTENTIALLY SIGNIFICANT IMPACTS ("IMPACTS") WHICH ARE CONSIDERED
MITIGABLE TO INSIGNIFICANCE
A. LAND USE AND PLANNING ISSUES
1. Impact: Land Use Policy and Management
Implications as to Future Uses of the Site.
a. Finding: The Board finds that the imposition
of mitigation measures recommended in the FEIR to create a land
management scheme allowing options for future uses of the site to
be considered will mitigate this potential impact to a level less
than significant. ' The Board further finds that due to the
speculative and hypothetical nature of future land use policy and
measurement issues, these may or may not represent significant
impacts. The Board finds that implementation of the mitigation
and landscaping plans recommended in the EIR would resolve most
future land use policy questions by creating a verifiable
rational land management scheme.
a
b. Supporting Explanation: The speculative and
hypothetical nature of long-term land use policy and management
implications for the site area makes determination of potential
reuses of the site following landfill closure problematical. The
project applicant has designed landscaping and mitigation plans
to enhance the range land quality of most of the project's non-
landfill areas and special buffer areas, as well as the habitat
value of other non-landfill areas including Lawlor Creek.
2 . Impact: Potential Secondary Land Use Effects Upon
Neighboring Residences, Including Traffic, Visual, Noise and
Odor.
a. Finding: The Board finds that the mitigation
measures recommended in the FEIR, incorporated into the project
conditions ;of approval, will reduce any potential impacts to a
level of insignificance. The mitigation measures include those
addressed under traffic and circulation, noise, visual resources,
air quality/odors, and the economic sections of the FEIR.
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b. Supporting Explanation: The FEIR determined
that the proposed project could have potentially significant
secondary land use impacts upon neighboring residences with
increased traffic and noise, negative visual impacts, odor
problems, and potential reduced home and land values. The FEIR
identified several mitigation measures which include the
construction of berms for both noise and visual purposes,
limitation of direct access to the landfill to transfer trucks
with specified hours of operation, prohibition of self hauling,
and the requirement that the project applicant participate in the
cost of upgrading and maintaining pavement sections of Bailey
Road. The mitigation measures identified in the FEIR at pp. 3-
217 to 3-218, and as addressed in the economic, traffic, and
circulation, noise, visual resources, and air quality/odors
sections of the FEIR are incorporated by reference as though
fully set forth herein.
The applicant's landfill design in phasing of the project
would provide an adequate physical buffer. The closest residence
to the initial landfill placement would be on Jacqueline Drive,
4, 200 feet away, while the ultimate point of nearest waste
placement would be 2, 600 feet away. The project includes visual
And open space buffers, and the project does not allow any
residential development within the special buffer area. No
landfilling activities will be allowed in the special buffer
area.
3 ., ,, Impact: Cancellation .of Williamson Act Contract.
a. Finding: This Board finds that (1)
cancellation of the above-referenced Williamson Act contracts for
the parcels listed herein is in the public interest in that other
public -concerns identified in these Findings substantially
outweigh the objectives of the Williamson Act; (2) that there is
no proximate non-contracted land which is both available and
suitable for the use to which it is proposed the Keller Canyon
site be put; and (3) that development of the Keller Canyon site
land would provide more contiguous patterns of urban development
than development of proximate non-contracted land.
b: Supporting Explanation: The siting of the
Keller Canyon landfill fulfills an urgent need of this County to
site adequate solid waste disposal capacity within this County.
The alternative of continuing to export waste to other counties
is not economically feasible and there is no assurance that other
counties would continue to accept Contra Costa waste beyond the
expiration of the current export agreements, which are of short
approximately 2 years) duration. Siting additional disposal
capacity within this County provides assurance that public
healthy and safety will be protected. The Keller site would not
be growth inducing, as further explained in section III of these
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Findings, and would result in more contiguous patterns of urban
growth than landfill sites more distant from the core of County
urban development. Development of the site will not result in a
loss .of overall grazing capacity and agricultural production
value of the land. There is no proximate non-contracted land
which has adequate capacity to meet the .County's requirement of
30+ years disposal capacity (assuming that landfill receives all
of the County' s''`waste stream) and which is both available and
suitable for use as a sanitary landfill. Board approval of other
landfill sites within the County would not ensure that adequate
disposal capacity exists to meet the County's needs given the
substantial risk of uncertainty involved in the obtaining of all
necessary approvals to site and operate a landfill. Moreover, no
ts. other landfill is capable of being constructed and placed in
operation to meet the County's disposal needs before the
expiration of this County' s export agreements with Alameda and
Solano counties. The Keller FEIR recommends, and this Board
adopts as a required mitigation measure, that the Special Buffer
Zone be permanently set aside for agricultural and open space
uses, and that development rights to this property be deeded to
the County. Grazing enhancement measures in the Buffer Zone
during the active life of the landfill will insure that there
will be no net loss of grazing,: capacity within the overall
project boundary. When landfill activities cease, the site shall
be returned to agricultural uses to the extent practicable given
closure and post-closure requirements.
4 . 'Impact: Potential Inconsistency with County
General Plan.
a. Finding: The Board finds that the Keller
Canyon Project will be consistent with the General Plan as the
Board has adopted a General Plan Amendment for the landfill
project. The Board finds that the County General Plan has been
oamended to designate the site in a fashion that would allow it to
e-'be used as a landfill, and that the voters have approved this GPA
in a referendum election held June 5, 1990.
b. Supporting Explanation: The County adopted a
GPA for the- site in connection with the Board's action in
revising the 1989 County Solid Waste Management Plan and adopting
five general plan amendments for five potential landfill sites.
Subsequent to the adoption of the general plan amendment for the
Keller site, a referendum challenging the GPA was submitted which
qualified for the June 5, 1990 ballot. The voters of Contra
Costa County approved the GPA, returning a 54 . 8% yes vote in
favor of the site. The East Contra Costa Sanitary Landfill site,
also referended, was defeated by the voters, who cast a 67 . 7%
1,11no" vote on this site.
5. Impact: Recreation Element of the County General
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Plan; Interference with Bicycling Path Safety.
a. Finding: The Board finds that with the
adoption of the mitigation measure proposed in the FEIR, for the
project applicant to incorporate bicycle lanes past the landfill
entrance as part of roadway improvement plans for Bailey Road,
that this potential impact will be reduced to a level of
insignificance. The mitigation measures are implemented in the
Land Use Permit Conditions of Approval at Condition 29. 11.
b. Supporting Explanation: The mitigation
measure will address the issue of truck traffic and roadway
improvements interfering with the safety of bicyclists using
Bailey Road which is defined as a secondary bicycle path in the
recreation element of the County's general plan.
B. GEOLOGY, SOILS, TYPOGRAPHY, AND SEISMICITY
6. Impact: Soil Erosion During Excavation and
Landfill Construction.
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a. Finding: The Board finds that the imposition
of use permit conditions, which require the approval of an
erosion control plan for landfill construction phases and an
erosion control plan for the operation's phase of the landfill,
will, mitigate this potential impact to a level of insignificance.
The Board hereby incorporates by reference as though fully set
forth herein .the mitigation measures set forth -at pages 3-88 of
the FEIR for Erosion and Sedimentation Control. The mitigation
measures are implemented in the Land Use Permit Conditions of
Approval at §§ 15 and 18.
b. Supporting Explanation: The Erosion and
Sedimentation Control techniques would include the timing of
landfill construction with respect to seasonal influence and low-
surface waterflows, covering areas having high erosion potential,
diverting and controlling water runoff, and the vegetating of
exposed areas. A sedimentation basin would be constructed before
other construction began.
7. Impact: Earthquake Damage/Failure of Leachate
Collection System.
a. Finding: The Board finds that imposition of
the mitigation measure to require the seismic design of the
landfill to be based on the peak ground acceleration (PGA) of . 65
g, to meet Class II Solid Waste Disposal site requirements of
ground acceleration based on the Maximum Credible Earthquake on
the Clayton Fault, will mitigate this impact to a level of less
than significance. The Board hereby incorporates by reference as
though fully set forth herein the mitigation measure set forth on
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pp. 3-53 and 3-54 of the FEIR. The mitigation measures are
implemented in>- the Land Use Permit Conditions of Approval at §§
17 and 18. No faults, either active or inactive, were found on
this site. ` The Board recognizes that in adopting the mitigation
measures discussed herein, the Regional Water Quality Control
Board (RWQCB) regulations and standards are within the
independent jurisdiction and authority of the RWQCB. The RWQCB
can and should adopt the mitigation measure in connection with
the adoption of Waste Discharge Requirements.
b. Supporting Explanation: The mitigation
measure will mitigate to a level of insignificance effects of a
4rmajor earthquake on one of the regional or local faults which
r.,could cause settlement of the landfill, disrupt the surface water
drainage system, disrupt the liner system, and the leachate
collection system, and disrupt the low permeability cover of the
landfill. The design requirement based on PGA will mitigate this
potential impact. Both refuse and cover materials should be
compacted to achieve maximum strength and minimize settling.
8. Impact: Seismically-Induced Ground
Shaking/Failure of Sediment Pond.
a. Finding: The Board finds that design of the
sedimentation pond to withstand the Maximum Credible Earthquake
event, will mitigate this potential impact to a level of
insignificance. The Board hereby incorporates by reference as
though fully set forth herein the mitigation measures set forth
on pg. 3-54 of ,the FEIR. The mitigation measures are implemented
in the Land Use Permit Conditions of Approval at §§ 15, 16 and
18 .
b. Supporting Explanation: The imposition of
the mitigation measure to require design based on the maximum
credible earthquake imposes a Class II construction requirement
on the sedimentation pond. In addition, an early warning system
will be developed, including an embankment condition monitoring
program to include periodic monitoring and visual inspection and
meters to measure settlement and strain within the embankments.
9 . :Y Impact: Saturation of Embankments Resulting in
Slope Instability.
a. Finding: The Board finds that the design of
embankments for control of ' foundation seepage (springs) in the
area of the proposed sedimentation pond will mitigate this
potential impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
mitigation measure found at pg. 3-55 of the FEIR. The mitigation
measures are implemented in the Land Use Permit Conditions of
Approval at §§ 16 and 18 .
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b. Supporting Explanation: Saturation of
embankments of the sedimentation ponds could lead to a decrease
of embankment 'strength and slope instability, thereby increasing
the potential for embankment failure. The design .for the control
of foundation seepage can be accomplished by providing subdrains
to control foundation seepage in the area of the proposed pond
embankments.
10. Impact: Construction Grading Operations Resulting
in Slope Instability.
a. Finding: The Board finds that a requirement
for excavation of slide-prone materials to be planned with the
t realization of their slide potential and only under the
supervision of a registered certified engineering geologist or
registered geotechnical engineer will mitigate this potential
impact to a level of insignificance. The Board further finds
that through imposition of the mitigation measure requiring the
installation of retaining walls and the removal of unstable mass
where grading operations cannot be performed to maintain
stability, landslide potential would be reduced and the potential
impact would be reduced to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures set forth on pg.s. 3-55 and 3-56 of the
FEIR. The mitigation measures are implemented in the Land Use
Permit Conditions of Approval at §§ 15, 16 and 32 .
b. Supporting Explanation: Slope instability of
existing slopes at the project location could be increased during
construction operations resulting from undercutting or excessive
steepening by excavation and grading procedures. All temporary
slopes will be constructed with a safety factor of 1.25, with
permanent slopes constructed with a safety factor of 1. 5 in
accordance with good engineering practice.
C. HYDROLOGY
11. Impact: Depletion of Surface Flow and Loss of
Perennial Stream.
a. Finding: The Board finds that the imposition
of mitigation measures to require a surface and subsurface system
constructed to accommodate drainage affected by development of
the site, and for surface water flows to be monitored and
augmented through recharge, if necessary, will mitigate this
potential impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
mitigation measures set forth on pp. 3-70-71 of the FEIR. The
mitigation measures are implemented in §§ 18 and 23 of the Land
Use Permit Conditions of Approval.
b. Supporting Explanation: Existing surface
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and groundwater flow monitoring programs will continue for the
site, and may,...provide information on the hydrologic system that
could be incorporated into the final design of the landfill to
reduce impacts to surface flow associated with landfill
construction. Surface water flow rates and groundwater levels
should be monitored throughout the life of the landfill to assist
the impact on surface and groundwater flow. Surface water should
be released from the sedimentation ponds if water quality
analysis shows no degradation has occurred as a result of project
construction and operation.. Flow rates from the sedimentation
4pond should be such that the downstream culvert beneath
Jacqueline Drive will be able to accept surface water flows due
oto the 25 year, 24 hour storm.
13 . Impact: Downstream Inundation in the Event of
Sedimentation Pond Failure.
a. Finding: The Board finds that the design of
the sedimentation pond to meet Class II standards to withstand a
Maximum Credible Earthquake event will mitigate this potential
impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
mitigation measure contained on pg. 3-71 of ,the FEIR. The Board
further incorporates by reference as though fully set forth
herein the text of Impact 8 set forth above.
b. Supporting Explanation: The Board hereby
incorporates by: reference as though fully set forth herein the
entire text of'-Finding 8 above, with Supporting Explanation.
14 . Impact: Increased Sedimentation and Potential
Degradation of Surface Water Quality.
a. Finding: The Board finds that the imposition
of mitigation measures to require that excavation coincide with
low-flow periods and that sediments within the sedimentation pond
should be removed at least annually to prevent a decrease in the
pond's holding capacity, and the imposition of mitigation
measures for reduction of erosion and sedimentation will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures set forth at pp. 3-71, 3-88 to 3-89, and
3-107 to 3-108 of the FEIR as though fully set forth herein. The
mitigation measures are implemented in the Land Use Permit
Conditions of Approval at §§ 15 and 18.
b. Supporting Explanation: The mitigation
measures to be implemented are those measures being implemented
to address increased erosion/sedimentation, which in turn address
the potential degradation of surface water quality. The Board
thereby incorporates as though fully set forth herein Finding 16
below.
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15.,, Impact: Changes in the Groundwater Regime.
a. Finding: Localized on-site changes in the
groundwater regime could occur as a result of the proposed canyon
excavation due to the removal and/or disruption of water-bearing
material and the reduction of groundwater recharge. The Board
finds that the implementation of the mitigation measures to
require the recording of water levels in groundwater monitoring
wells downgradiient of the landfill to ascertain base line
conditions with periodic monitoring to record effects (if any) of
landfill construction on groundwater storage and flow will
mitigate this potential impact to a level of insignificance. The
Board hereby incorporates by reference as though fully set forth
herein the mitigation measures set forth at pg. 3-72 of the FEIR.
The mitigation measures are implemented in the Land Use Permit
Conditions of Approval at §§ 17 and 33.
b. Supporting Explanation: This would not
constitute a significant impact locally since the groundwater is
not being used for a local water supply and since only a small
recharge area will be affected. The monitoring mitigation
measure will assess baseline conditions and changes to the
groundwater regime for purposes of monitoring and if necessary
enhancing recharge to the groundwater system.
D. " ENGINEERING CONSTRUCTION
16. Impact: Increased Erosion and Sedimentation.
a. Finding: The Board finds that the imposition
of mitigation measures to provide erosion and sedimentation
control techniques including the timing of landfill construction
to coincide with dry construction season, the placement of road
shoulder berms, and berms and culverts covering other areas of
high erosion potential, and diverting and controlling surface
water runoff with revegetation of exposed areas will reduce this
potential impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
mitigation measures discussed on pp. 3-88 to 3-89 of the FEIR.
The mitigation measures are implemented in the Land Use Permit
Conditions of Approval at §§ 15 , 16, 18, and 32 .
b. Supporting Explanation: The mitigation
measures address the potential that construction and operation
activities would cause increased erosion potential throughout the
projected life of the landfill. The mitigation measures include
run-off diversion systems from undisturbed areas around the
landfill, collection and conveyance of water from disturbed areas
outside the working area, channeling non-contact water to the
sedimentation pond, and collection of runoff in the working area
and discharge to an equalization basin. With implementation of
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all of the measures identified in the FEIR, the impacts
identified would be reduced to a level of insignificance.
17. Impact: Increased Traffic due to Importation of
Borrowed Materials.
a. Finding: The Board finds that any increased
traffic due to importation of borrowed materials will not be a
significant or potentially significant impact as discussed under
the construction-related traffic impact section of the FEIR at
pp. 3-198 to 3-199. The site provides adequate on site and
nearby sources of borrow material for cover purposes. To the
extent that any potential impact exists by reason of the
importation of materials for the leachate blanket and' underdrain
system, the mitigation measures regarding traffic impacts
discussed for all potential traffic impacts (commencing at pg. 3-
1186 of 'the FEIR and continuing through pg. 3-199 of the FEIR) are
hereby incorporated by reference as though fully set forth
herein, which mitigation measures will mitigate any potential
impact identified herein to a level of insignificance. The
mitigation measures are implemented in the Land Use Permit
Conditions of Approval at § 29.
b. Supporting Explanation. The imposition of
the mitigation measures in connection with Findings 32 through
39 , incorporated by reference 'as though fully set forth herein,
will mitigate to insignificance the potential impact from
rimportation ofdconstruction materials for the leachate blanket
and underd'rain4system.
18 . Impact: Odorous Gases Could be Generated by the
Landfill.
a. Finding: The Board finds that the
implementation of the mitigation measures identified in the FEIR
relating .to odor impacts (Impact 4 - Odorous Gases; Engineering
and Construction Section; pg: 3=132 ; Impact 7 - Odors; Air
Quality and Odors Section) will mitigate any potential odor
impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein those
mitigation measures identified at pp. 3-90 and 3-132 to 3-133 of
the FEIR. The mitigation measures include keeping the working
face of the landfill as small as possible and utilizing daily
cover and proper compaction. Sewage sludge and any odorous loads
would be covered as quickly as possible, and the leachate
collection system will be enclosed. The landfill gas collection
and flare system will help to prevent landfill gas from becoming
a source of odor. Moreover, the design of the proposed gas
collection and processing system will be reviewed by the Bay Area
Air Quality Management District (BAAQMD) , which agency is charged
by statute and regulation with the authority to issue a permit
for this activity. The BAAQMD can and should adopt the
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mitigation measures in connection with the issuance of a permit.
The mitigation measures are implemented in the Land Use Permit
Conditions of`'Approval at § 20.
b. Supporting Explanation: The imposition of
all of the mitigation measures identified in the FEIR will
collectively be effective in reducing the potential impact of
landfill odors. The operational and design features, coupled
with the permitting process of the BAAQMD, will provide adequate
mitigation for this potential impact.
19 . Impact: Alteration of Existing Surface and
Groundwater Flow.
a. Finding: The Board finds that the imposition
of the mitigation measures identified at pp. 3-91 and 3-70 to 3-
71 of the FEIR will mitigate this potential impact to a level of
insignificance. The Board hereby incorporates by reference as
though fully set forth herein those mitigation measures
identified in the FEIR. The Board further incorporates by
reference as though fully set forth herein Finding 11 set forth
above with respect to surface and subsurface drainage (Section C
Hydrology) . The Board finds that monitoring surface water flow
rates and groundwater levels throughout the life of the landfill
will establish baseline measurements and allow assessment of
changes which, if detected, would provide a basis for the
implementation of remedial measures including construction of
recharge funds or the placing of sedimentation basins over a
water-bearing unit. - The mitigation measures are implemented in
the Land Use Permit Conditions of Approval at §§ 17, 18, and 23 .
b. Supporting Explanation: The mitigation
measures imposed will address the likely loss of springs which
feed the canyon' s perennial creek. The monitoring program will
ass'ess the diminished flow within the creek, and any resultant
diminished discharge from the canyon, to provide a basis for
implementation of remedial measures if necessary.
E. LEACHATE CONTROL
20. Impact: Potential Contamination of Groundwater.
a. Finding: The Board finds that the
implementation of the mitigation measures specified in the FEIR
will mitigate this potential impact to a level of insignificance.
The, Board hereby incorporates by reference as though fully set
forth herein the mitigation measures identified on pp. 3-101 and
3-102 of the FEIR. The mitigation measures, which consist
generally of prevention of leachate formation, leachate
containment, and leachate collection and treatment, coupled with
a groundwater monitoring program, will collectively serve to
mitigate this potential impact to insignificance. In addition,
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said mitigation measures will be imposed in connection with the
permitting processes of the Regional Water Quality Control Board
San Francisco Bay Region, the agency with authority to issue
waste_ discharge requirements to the Keller Canyon Landfill. The
Regional Water Quality Control Board (RWQCB) permitting
requirements include a requirement that the site have a liner and
leachate collection and removal system capable of preventing
escape of leachate into the environment. The proposed site design
meets or exceeds applicable regulatory standards for protection
of human health and the environment. The RWQCB can and should
F,adopt the mitigation measures in connection with the issuance of
sWaste Discharge Requirements. The mitigation measures are
implemented in the Land Use Permit Conditions of Approval at §§
15, 16, and 17.
b. Supporting Explanation. The regulated design
of the landfill, as- specified in the applicable laws and
regulations relating to the design, construction, and operation
will mitigate any potential impacts identified to a level of
insignificance. The requirements include waste cover, a
provision of surface water drainage systems to prevent the
accumulation of rain water and runoff, and the containment of
leachate in a Class II landfill liner system, The liner system
is also designed and will be constructed with an underdrain
system which will serve as a backup to the linerlsystem. The
system.,w: ll be tested and monitored throughout the life of the
landfill and during closure in accordance with applicable laws
and regulations: The RWQCB administers and enforces site Waste
Discharge Requirements to ensure compliance with' the applicable
regulatory and public health standards.
F. SURFACE AND GROUNDWATER QUALITY
21. Impact: Potential Degradation of Surface Waters
Due to -Increased Erosion.
a. Finding: The Board finds that the imposition
o'of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measure -found at pp. 3-107 to 3-108 of the FEIR.
Further, the Board incorporates by reference as though fully set
forth herein Finding 15, "Engineering and Construction", set
forth above. Erosion and sedimentation control techniques
include the timing of landfill construction to coincide with the
dry season, road shoulder berms, covering areas of high erosion
potential, diverting and controlling water runoff, and re-seeding
exposed areas. The mitigation measures are implemented in the
Land Use Permit Conditions of Approval at §§ 15, 18, and 32 .
b. Supporting Explanation: The mitigation
measures imposed address the potential for erosion and
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sedimentation due to construction and operations which could
degrade surface water quality in the streams draining the
landfill areas. The mitigation .measures imposed for erosion and
sedimentation control techniques will mitigate this potential
impact to a level of .insignificance.
22 . . Impact: Surface Water Contamination.
a. Finding: The Board finds that the imposition
of 'the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified at pp. 3-108 to 3-109 of the
FEIR and at pp. 3-101 to 3-102 of the FEIR. The project
applicant will develop baseline groundwater and surface water
quality data, and will continue sampling and analysis on a
quarterly basis for comparison to established baseline levels.
The water quality monitoring program must be reviewed and
approved by the Regional Water Quality Control Board, San
Francisco Bay Region (RWQCB) , in accordance with its permitting
standards and guidelines for issuance of waste discharge
requirements to the project applicant, The Board further adopts
and incorporates by reference as though fully set forth herein
Finding 19 "Leachate Control" set forth above. The mitigation
measures identified for leachate control include prevention of
leachate formation, leachate treatment, and leachate collection.
The RWQCB can and should adopt the mitigation measures in
connection with the issuance of site Waste Discharge
Requirements.: The mitigation measures are implemented in the
Land .Use Permit Conditions of Approval at §§ 15 and 18.
b. Supporting Explanation: The monitoring
program to be established in accordance with the permitting
requirements of the Regional Water Quality Control Board, San
Francisco Bay Region, will protect surface and groundwater
quality. To limit leachate formation, the project applicant is
required to appropriately cover waste and to provide surface
water drainage systems to prevent the accumulation of rain water
and runoff on the landfill surface. Containment of leachate is
accomplished with a Class II double liner system, utilizing a
compacted clay layer and synthetic flexible membrane liner of at
least 60 mil 'thickness. Moreover, an underdrain system
consisting of a permeable layer underneath the clay liner serves
as 'a backup to the primary leachate collection and removal
system. The leachate collection system will. be tested throughout
the life of the project and after closure as required by state
laws and regulations applicable to the project.
23 . Impact: Potential Groundwater Contamination Due
to Leachate.
a. Finding: This impact has been previously
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i
identified and discussed in Findings 19 and 21 above. The Board
finds that theiimposition of the mitigation measures identified
in the FEIR will mitigate this potential impact to a level of
insignificance., The Board hereby incorporates by reference as
though fully set forth herein the mitigation measures identified
Aat pg. 3-110 of the FEIR. Further, the Board hereby adopts and
incorporates by reference as though fully set forth herein
Finding 19 "Leachate Control" and Finding 21 "Surface and
Groundwater Quality" set forth above. The RWQCB can and should
adopt the mitigation measures in connection with issuance of site
Waste Discharge Requirements. The mitigation measures are
implemented in the Land Use Permit Conditions of Approval at §§
t0,15, 17, and 18 .
b'. Supporting Explanation: Findings 19 and 21
and the supporting explanation adequately set forth the Board's
findings in connection,,with the impact identified as potential
groundwater contamination in the FEIR. The imposition of the
mitigation measures identified in connection with Findings 19 and
21 will mitigate this potential impact to a level of
insignificance.
G. AIR QUALITY
w
24 . Impact: ' BAAQMD Screening Level Risk
rAssessment/Additional Lifetime Cancer Risk.
a. Finding: The Board finds that the Bay Area
Air Quality Management ,District (BAAQMD) health 'ri`sk assessment
calculation of a hypothetical additional lifetime cancer risk of
3 in 1 million is not a significant impact pursuant to CEQA as
determined by the BAAQMD. The risk assessment is a screening
level assessment technique based upon very conservative
assumptions. The conservative assumptions are made to eliminate
underestimating"any potential risk. The .actual risk is no
greater than, and probably much less than, the risk reported by
the BAAQMD. The Board further finds that refinements in the risk
assessment model may result in even lower estimates of the risk.
The Board further finds that because the landfill design
incorporates,I a state-of-the-art gas collection system and flare,
it is anticipated that actual efficiencies of landfill gas
collection will be better than those assumed in the BAAQMD
guidelines.
b. Supporting Explanation: The calculated risk
based on the screening level risk assessment represents an
increased probability of contracting cancer for the maximally
exposed individual over a 70-year lifetime through the inhalation
pathway. For those sources applying best available control
technology (BACT) , the BAAQMD has established a threshold of 10
cancer cases in 1, 000, 000 lifetimes to decide on the .significance
of the impact. The. District bases the definition of significance
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upon the Proposition 65 definition of "significant exposure".
The screening level estimated risk for the Keller Canyon Landfill
project is 3 in 1, 000, 000; the BAAQMD does not consider this
level to be a significant impact for CEQA purposes. This
screening level risk assessment is based on very conservative
assumptions and the actual risk is no greater than, and probably
much less than, the risk reported in the BAAQMD findings.
25. Impact: Total Landfill Air Emissions.
a. Finding: The Board finds that the imposition
of the mitigation measures described in the FEIR at pp. 3-124 to
3-132 will mitigate this potential significant impact to a level
of insignificance. The Board finds that the use of best
available control technology (BACT) as specified by the BAAQMD in
the course of its permitting processes for issuance of
Authorities to Construct and Permits to Operate the solid waste
landfill facilities will reduce air emission levels below a level
of significance for all criteria pollutants. The Board hereby
incorporates by reference as though fully set forth herein the
mitigation measures proposed for traffic-originated air quality
impacts, cumulative traffic impacts in the project area, fugitive
dust, construction and operation vehicle emissions, flare
emissions, and total landfill emissions as set forth at pp. 3-
124 through 3-132 of the FEIR. The Bay Area Air Quality
Management District is the state agency with direct jurisdiction
over the air quality issues associated with the project. The
BAAQMD can and should adopt the mitigation measures in connection
with the issuance of permits ,and approvals by the site. The
Mitigation measures are implemented in the Land Use Permit
Conditions of Approval at § 20.
b. 'Supporting Explanation: Total uncontrolled
emissions of landfill operations including traffic operational
vehicles and landfill gas combustion would create emissions of
NOX and particulate matter above levels of significance (LOS) .
Use of BACT would reduce these levels below LOS for all criteria
pollutants as determined by the BAAQMD.
26. Impact: Fugitive Dust Emissions.
a''. Finding: The Board finds that the imposition
of the mitigation measures described in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures proposed at pp. 3-127 to 3-128 of the
FEIR. The Board further finds that dust emissions would be
reduced below levels of significance by paving surface roads,
applying water or dust suppressants to working surfaces, and
restricting on-site vehicle speeds. The Bay Area Air Quality
Management District is the state agency with direct jurisdiction
over the air quality issues associated with the project. The
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BAAQMD can and should adopt the mitigation measures in connection
with the issuance of permits and approvals by the site. The
mitigation measures are implemented in the Land Use Permit
Conditions of Approval at § 20.
z
b. Supporting Explanation: Construction and
operation of the landfill would result in fugitive dust emissions
which if uncontrolled would exceed BAAQMD levels of significance.
Dust emission techniques set forth in the finding above would
mitigate this potential impact to a level of insignificance.
27 . Impact: Construction and Operation Vehicle
Emissions.
a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will reduce
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified at pg. 3-129 of the FEIR. The
Board further finds that these emissions could be reduced by 50%
with proper equipment, maintenance, and avoidance of unnecessary
idling," and that emissions of nitrogen oxides would be reduced to
an insignificant level. The Bay Area Air Quality Management
A,District is the state agency with direct jurisdiction over the
Lair quality issues associated with the project. The BAAQMD can
and should adopt the mitigation measures in connection with the
issuance of permits and approvals by the site. The mitigation
measures are implemented in the Land Use 'Permit ,Conditions of
Approval at § ',20. '
b. Supporting Explanation: Construction and
tioperation equipment ,could potentially emit significant levels of
NOX. Imposition of the mitigation measures identified above
would reduce emissions by 50% with proper equipment maintenance
land avoidance of unnecessary idling.
28 . Impact: Potential Odors from Refuse.
a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified at pg. 3-132-133 of the FEIR.
The Board further finds that the imposition of these measures to
keep the working face of the landfill small and covering waste as
soon as possible, coupled with the landfill gas collection and
flare system, would reduce the sources of potential odors from
refuse. In addition, an odor complaint program will be
established and sources of odor problems corrected promptly. The
BAAQMD can and should adopt mitigation measures with respect to
odor suppression in connection with the issuance of its permit.
The mitigation measures are implemented in the Land Use Permit
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Conditions of Approval at § 20.
b. SunDortina Explanation: Garbage, sewage,
sludge,' and other materials and solid waste are capable of
producing odors at the working phase before they are covered.
Uncontrolled landfill gases are also a source of odors at
landfill. The imposition of the mitigation measures will
minimize the possibility of odors detected beyond the property
boundary with the working phase of the landfill to be kept as
small as possible. Cover will be placed daily and be well
compacted, and sewer sludge and any odorous load will be covered
as soon as possible. The leachate collection system will be
enclosed, and the landfill gas collection and flare system will
help prevent landfill gas from becoming a source of odor.
Collectively, these measures should be effective in reducing the
potential impact to a level of less than significant.
H. VISUAL AND AESTHETIC ISSUES
29. Impact: Visibility from Bailey Road.
a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified at pg. 3-163 of the FEIR. The
mitigation measures for the project facilities areas should
provide for early screening of auxiliary areas, enhancement to
the entranceway, and design integration ,,of the administration
buildings. The entire facility areas should be designed to look
like a park or Forestry Department facility which has been
designed to blend in. with the rural agricultural setting of which
it is a part. Facility plans should include architectural
sections showing building designs and materials, and all
buildings should be finished in earthtone colors acceptable to
the County. Entrance signs and fencing should be appropriate for
a park-like setting. The mitigation measures are implemented in
the Land Use Permit Conditions of Approval at §§ 15 and 22 .
b. Supporting Explanation: As part of the
proposed landscaping plan, the proposed screen-type landscaping
of the access road in the facilities area should occur
immediately after the construction has been completed. The
design of the building should be as unobtrusive as possible to
blend in with the agricultural and semi-rural setting. Impact on
views from Bailey Road would occur from Highland Boulevard to the
project entrance road. The FEIR has found that these impacts can
be mitigated to a level of insignificance by imposition of the
mitigation measures identified above.
30. Impact: Visibility of water Tanks.
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a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified at p. 3-164 of the FEIR.
Water tanks should be screened with landscaping and colored to
blend in with the surrounding landscape. The mitigation measures
are implemented in the Land Use Permit Conditions of Approval at
15 and 22 .
b. Supporting Explanation: The project plans
identified two 120, 000-gal. water tanks which would be
constructed near the facilities area at an existing elevation of
approximately 400-425 feet. The location of these tanks in the
northern portion of the site would make them visible elements in
views of the site from the north. The imposition of the
mitigation measures identified herein would mitigate this
potential impact of visibility of the water tanks to a level of
insignificance.
31. Impact: Litter Associated with Landfill
Operations.
a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified at pg. 3-165 of the FEIR. The
project applicant has proposed to conduct extensive litter
control measures, including a limited working face area, daily
cover, moveable fences around the working area of the landfill,
and a border fence around the landfill area, as well as litter
patrols. Transport vans and trucks delivering loads to the
landfill would be required to be covered. The mitigation
measures are implemented in the Land Use Permit Conditions of
Approval at § 25.
b. Supporting Explanation: Litter associated
with landfill operations could be blown around the site to create
an unsightly, condition. The measures proposed by the project
applicant for litter. control will mitigate this potential impact
to a level of insignificance.
I. TRAFFIC AND CIRCULATION
32 . Impact: Increased Truck Traffic Volumes on
Highway 4 .
a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
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mitigation measures set forth at p. 3-187 of the FEIR. The Board
further finds that transfer truck traffic must use Highway 4 for
trips to the Keller Canyon Landfill as there are no suitable
alternate routes. In addition, there are no feasible means to
further reduce this traffic volume. Imposition of the mitigation
measures will change the traffic patterns for operation of the
transfer trucks to avoid or minimize travel during peak commute
hours and directions and to reduce traffic on Bailey Road. The
mitigation measures are implemented in the Land Use Permit
Conditions of Approval at § 29.
b. Supporting Explanation: Operation of the
proposed Keller Canyon Landfill would change the current traffic
patterns for the refuse transportation system in Contra Costa
County and would generate new traffic volumes on Highway 4,
particularly truck traffic. Traffic volumes generated by the
landfill particularly truck traffic would add to the current
level of traffic on Highway 4 in the area between Antioch and the
Willow Pass grade. Truck traffic on Highway 4 is primarily a
problem during the peak period in the peak direction and is not a
capacity congestion problem at other times of the day. Im-
position of the mitigation measures to limit transfer truck trips
to avoid or minimize travel during peak commute hours in peak
directions will be sufficient to mitigate this potential impact
to a level of insignificance. Moreover, the amount of traffic
has also been minimized to a large extent by the use of transfer
stations (as opposed to packer truck direct access to the
landfill) and by the prohibition of self haulers at the landfill.
This potential impact will also be further mitigated to some
extent by the implementation of several highway projects that are
planned for the Eastern Contra Costa County area to widen and
improve Highway 4 in this corridor.
33 . Impact: Deterioration of Roadway Pavements,
Particularly Bailey Road.
a. Finding: The Board finds that the adoption
of the mitigation measures set forth in the FEIR will mitigate
this potential impact with a level of insignificance. The Board
specifically incorporates by reference as though fully set forth
herein the mitigation measures identified at p. 3-189 of the
FEIR. The project applicant will be required to participate in
the cost of upgrading and maintaining the pavement sections of
the roads impacted by truck traffic to the landfill, and this
a will include the cost of detailed engineering investigations on
appropriate portions of Bailey Road to determine the extent of
needed rebuilding. The mitigation measures identified herein are
contained in the land use permit conditions of approval at
Conditions 29 . 5 and 29. 6.
b. Supporting Explanation: The additional
landfill traffic which principally involves transfer truck
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f
I
i
vehicles weighing up to 38 tons would cause damage and wear to
roadway pavements unless mitigated by pavement reconstruction
and/or maintenance programs. Moreover, roadways constructed for
the Keller Canyon Landfill will be required to be designed to
accommodate the heavier truck loads. Section 29 .5 of the
Landfill Conditions of Approval requires that the project
applicant reconstruct two sections of Bailey Road between the
city limits of Pittsburg and the landfill entrance.
34 . Impact: Design and Location of the Landfill
Access Road Intersection.
a. Finding: The Board finds that the mitigation
measures identified in the FEIR will mitigate this potential
impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
mitigation measures identified at p. 3-190 of the FEIR. A
specific plan for the access road intersection with Bailey Road
has been developed by the project applicant; it includes a left
turn lane on Bailey Road at the project entrance and an
acceleration lane. Where warranted, the applicant should be made
responsible for the installation of any traffic signalization.
This mitigation measure has been implemented, in § 29. 4 of the
Land Use Permit Conditions of Approval.
I
b. Supporting Explanation: The location and
design of, the landfill access road intersection on Bailey Road is
a significant and critical traffic issue. The project applicant
has prepared a.,plan for the intersection for the access road at
Bailey Road, which is set forth in the FEIR. The design and
location of the landfill access road intersection has taken into
account critical design elements. such as site distance and design
to accommodate the type and level of traffic accessing the
landfill.
35. Impact: Traffic Safety on Bailey Road/Accident
Potential.
a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified at p. 3-193 of the FEIR. The
mitigation measures concerning the landfill entrance, the
reconstruction of Bailey Road, and the Bailey Road pavement study
have been incorporated in the Landfill Permit Conditions of
Approval at §§ 29. 4 , 29 .51 29 . 61 29.81 29 .9 , 29. 10, and 29. 11.
These conditions of approval further relate to road maintenance,
peak period traffic management, and the creation of bicycle and
pedestrian improvements along Bailey Road in the vicinity of the
landfill.
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b. Supporting Explanation: The overall traffic
safety assessment of the project must take into account the
adequacy of the access provisions, traffic flow conditions on
routes leading to and from the site, and on the existing and
potential accident experience involving trucks and other
vehicles. The identified mitigation measures which are contained
in the Landfill Permit Conditions of Approval will mitigate this
potential impact to a level of insignificance.
36. Impact: Increase in Traffic Volume to Capacity
Volume/Capacity) Ratios.
a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the„mitigation measures identified on p. 3-196 of the FEIR. The
Board further finds that the landfill project would increase the
volume/capacity- ratios and may add to the capacity impacts on the
access roads in the vicinity of the landfill. The Board further
finds that the amount of landfill-associated traffic would not
cause any roadway segments or intersections to degrade to a
critical level of service. The mitigation measures have been
incorporated into the Land Use Permit Conditions of Approval at
t; § 29, specifically Condition 29.9.
b. Supporting Explanation: Landfill traffic
would increase the volume to capacity ratios and may add to
capacity impacts on the access roads in the landfill vicinity.
In general, however,, the amount of traffic generated by the
landfill would not affect intersection capacity or congestion.
The landfill traffic will not have an impact beyond Bailey Road
and the Highway 4/Willow Pass grade. Traffic from the East
County and West County transfer stations are not expected to
cause any change in traffic impact due to the use of Keller
Canyon as a selected landfill.
37. Impact: Increase in Traffic Hazards to
Pedestrians and Bicyclists.
a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
r• hereby incorporates by reference as though fully set forth herein
athe mitigation measures identified on p. 3-196 of the FEIR. The
Board has imposed transportation and circulation conditions of
approval in connection with the Land Use Permit, and specifically
Condition 29. 11 implements this mitigation measure. The
developer shall be required to incorporate into the trans-
portation and circulation plan a bicycle and pedestrian path
system along Bailey Road in the vicinity of the landfill .
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b. Supporting Explanation: On the roads to the
site, there would need to be a plan and a program to implement a
bicycle and pedestrian path system that would reduce the
c potential hazard to pedestrians and bicyclists. Alternate paths
located on' off-street areas should also be investigated jointly
by the Contra Costa County staff and the City of Pittsburg to
determine if' there are feasible alternatives. Although the
impact is difficult to quantify, the presence of heavy truck
traffic on roads with significant bicycle and pedestrian activity
can be hazardous. The imposition of the mitigation measures and
conditions of approval will mitigate this potential impact to a
level of insignificance.
38. Impact: • Traffic Impacts to Land Uses Adjacent to
the Access Route to the Site.
a., Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified on p. 3-197 of the FEIR. The
Board finds that the potential impact associated with the
visibility of transfer trucks on the accessroute, the potential
for accidents, and the possibility of noise from traffic is
mitigated by the use of transfer stations by eliminating public
access to the site, and by controlling the hours" of truck
operation. These mitigation measures have been incorporated into
the Land .Use Permit Conditions of Approval' pursuant to Condition
2.9 and' related ''v"conditions.
b. Supporting Explanation: The' presence of
transfer truck traffic each day may result in impacts to adjacent
land uses. The truck traffic impact is not only related to
safety -and roadway capacity but also to land use and visual
impacts. , The mitigation measures will require the use of
transfer stations, elimination of public access to the landfill,
and provide for the use of noise and visual berms, in addition to
controlling the hours of truck operation to mitigate this
potential impact to a level of insignificance.
39; Impact: Estimated $1. 8 Million Cost of Roadway
Improvements.
a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified on p. 3-198 of the FEIR. This
mitigation measure has been incorporated into the Landfill Land
Use Permit Conditions of Approval pursuant to Condition 29 which
Fspecifies numerous roadway condition improvements as required by
the FEIR.
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b. Supporting Explanation: There are several
improvements proposed by the project applicant as well as
additional improvements that have been recommended in the FEIR.
These improvements include the reconstruction of Bailey Road for
approximately 3/4 mile, roadway channelization and traffic
signals, and site entrance and improvements. The amount of
appropriate cost sharing on those items shall be negotiated in
accordance with a predetermined formula to provide an equitable
sharing of all costs.
J. PUBLIC HEALTH & SAFETY
40. Impact: Screening Level Health Risk Assessment
Modeling/Additional Lifetime Cancer Risk.
a. Finding: The Board finds that this
identified potential impact is the same as Impact 23 identified
above concerning landfill gas constituents and health risk
assessment modeling for form pursuant to the requirements of the
BAAQMD. The•,Board hereby incorporates by reference as though
fully set forth herein the text of Finding 23 as set forth above.
The: Board further incorporates by reference as though fully set
forth herein the mitigation measures set forth in the FEIR as
identified in Finding 23 above. The Board finds that because
landfill design techniques incorporate a state-of-the-art gas
collection system and flare, it is anticipated that actual
efficiencies of landfill gas collection would be even better than
1those assumed in the conservative BAAQMD guideline assumptions.
The BAAQMD can and should implement mitigation measures in
connection with the issuance of its permit.
b. Supporting Explanation: Remodeling of risks
associated with landfill gas emissions performed using
conservative BAAQMD methods showed an additional lifetime cancer
risk of 3 in 1,000,000. Another scenario of exposure was modeled
using less conservative U.S. EPA methods and a probable lifetime
additional cancer risk of 1 in 1, 000, 000 was predicted. The
BAAQMD by a letter to Contra Costa County dated January 24 , 1990
has determined that the estimated additional lifetime cancer
risks for Keller Canyon of 3 in 1, 000, 000 is not a significant
impact for CEQA purposes. The Board hereby adopts and .
incorporates by reference the January 24 , 1990 letter of the
BAAQMD to Contra Costa County as though fully set forth herein.
as Moreover, the Landfill Land Use Permit Conditions of Approval ,
pursuant to Condition 20 requires air quality protection
measures, as specified in mitigation measures in the FEIR, which
include landfill gas control and collection pursuant to Condition
20. 11.
41. Impact: Potential for Vectors, Including Rodents,
Seagulls, Flies, and Mosquitos.
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C a. Finding: . 'The Board finds that the imposition '
of the mitigation measures identified in the FEIR will mitigate
these potential impacts to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified in the FEIR at pp. 3-203 to 3-
The mitigation measures required by the FEIR have been
incorporated into the Land Use Permit Conditions of Approval in
Condition 20. 3, 24 . 1 through 24 .5, and 26. 10. The Board further
finds that proper landfilling techniques such as compacting,
reducing the size• of the working phase, and daily cover can
minimize most vectors.
b. Supporting Explanation: Any organism that is
capable of carrying a disease is considered a vector and
landfills can potentially provide shelter, food and breeding
grounds for undesirable animals particularly where refuse is
exposed and decaying organic matter can be found. Vectors
potentially associated with municipal landfills are insects such
as flies and mosquitos, rodents such as rats and mice, and birds
such as seagulls. State law requirements require landfill
operators to compact and cover waste with a layer of soil or new
waste to minimize the risks of landfill fires and the
introduction of vectors. Modern landfills are able to control
vector and seagull problems through several direct and indirect
Tmeasures. The imposition of the mitigation measures identified
in the FEIR and made conditions of approval will mitigate this
potential impact to a level of insignificance.
42 . Impact: Potential for Leachate Migration into
Groundwater.
a. Finding: The Board hereby finds that
Findings 19 and 21 as set forth above address this potential
impact and the Board hereby incorporates said findings by
reference as though fully set forth herein. The Board finds that
the imposition of mitigation measures identified in the FEIR will
imitigate this potential impact to a level of insignificance. The
Board hereby, incorporates by reference as though fully set forth
herein the mitigation measures identified at pp. 3-207 to 3-208
of the FEIR.V The Board further finds that the implementation of
mitigation measures will reduce and mitigate the potential for
impacts to a level of insignificance. Mitigation measures
include reduction of leachate formation by utilization of surface
water drainage systems and daily, interim and final cover;
leachate containment by a double liner and leachate collection
and removal system which includes a clay liner overlain by a
synthetic flexible membrane of at least 60 mil thickness coupled
with an underdrain system as a backup under the liner; a leachate
collection system composed of a permeable drainage material below
the base of the refuse and a piping and collection system to
sumps to channel leachate to a leachate management facility. In
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addition, a monitoring well system shall be implemented in
accordance mith requirements of the Regional Water Quality Board
to detect potential leachate migration. The monitoring program
wells can be utilized as extraction wells in the event of
leachate migration. The Board has adopted mitigation measures
proposed in the FEIR in the Land Use Permit Conditions of
Approval at Conditions 17 and 18. Condition 17 of the Conditions
of Approval requires the applicant to implement measures for
groundwater protection, including those related to leachate
management control, and Condition 18 requires the applicant to
implement surface water protective measures, including surface
drainage systems and monitoring programs. The RWQCB can and
should adopt mitigation measures in connection with the issuance
of site Waste Discharge Requirements.
b. Supporting Explanation: Leachate which is
generated when water and waste comes into contact could be
released into the groundwater of a poorly constructed or operated
landfill. Because portions of the landfill area would have
groundwater less than five feet below the deposition area, the
project design calls for alternate separation measures including
liner and subdrains. A three-tiered system of leachate control
and detection has been designed into the project to prevent
leachate migration into the groundwater. Those mitigation
measures have been set forth above, and are expressly made
conditions of approval of the landfill land use permit. These
mitigation measures mitigate this potential impact to a level of
insignificance.
43 . Impact: Presence of Hazardous Materials in the
Municipal Wastestream.
a. Finding: The Board finds that imposition of
the mitigation measures identified in the FEIR will mitigate this
potential impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
Imit'igation measures identified at pp. 3-210 to 3-212 of the FEIR.
The Landfill Land Use Permit Conditions of Approval at Condition
19 require that the project applicant implement protective
measures for minimizing, to the extent possible, and removing
hazardous materials and wastes from the wastestream destined for
the landfill. The proposed leachate barriers, collection
systems, and liner systems will reduce health hazards from the
small quantity of hazardous materials or wastes which could be
present in the wastestream.
b. Supporting Explanation: At a Class II
landfill, disposal of hazardous materials or wastes is prohibited
at the site. The site may only accept non-hazardous solid waste
as defined in state laws and regulations. The landfill operation
cannot accept asbestos requiring special handling, or untreated
infectious waste. Household and business refuse may contain some
31-
hazardous material such as pesticides, cleaning fluids, solvents,
and paint containers. At present, no specific information is
available on the potential trace amounts of toxic or hazardous
materials present in the County's wastestream. ' Most wastes would
be prescreened at the transfer stations to identify and separate
out any hazardous wastes. Moreover, the County is aggressively
pursuing a county-wide program for the collection and handling of
household and small business-generated hazardous wastes, which
will further reduce the potential for hazardous materials to be
present in the wastestream. In addition, the project applicant
must establish an entrance load screening and manual checking
program at the working area of the landfill to monitor for
khazardous and infectious waste as loads are emptied. The
proposed leachate collection system and liner system should
reduce the health hazards proposed by the small amount of
hazardous materials in the wastestream to a level of
insignificance.
R. PUBLIC SERVICES AND UTILITIES
44. Impact: Increased Sewage Generation/Leachate
Disposal May Require Special Facilities at Publicly-Owned
Treatment Works.
a. Finding: The Board finds that imposition of
the mitigation measures identified in the FEIR will, mitigate this
potential impact to a level of insignificance. The Board hereby
incorporates,by reference as though fully set forth herein the
mitigation measures identified at pp. 3-232 through 3-233 of the
FEIR. Mitigation measures are made a part of the Landfill Land
Use Permit Conditions of Approval at Conditions 30 and 17 . 10. In
the event that any special facilities are required to be
constructed for discharge of leachate to a publicly-owned
treatment works, the project applicant will be required to pay
for the implementation of said facility.
b. Supporting Explanation: Because of the
relatively small number of employees, it is not expected that
sewage from the proposed project would have any impact on sewage
disposal facilities in the area. There is a possibility that
treated leachate may have to be disposed of at a publicly-owned .
treatment works (POTW) . The applicant prefers to recirculate
treated leachate through the landfill as a treatment and disposal
option, but this is subject to the permitting requirements of the
Regional Water Quality Control Board and may not be allowed. If
recirculation cannot be implemented, the applicant will transport
the treated leachate to a wastewater treatment plant. The on-
site leachate treatment processes would be designed to meet the
standards required by the Delta Diablo Sanitation District or the
Central Contra Costa Sanitary District. The implementation of
the mitigation measure to require the applicant to provide for
any special facilities required to handle the leachate at a POTW
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will mitigate this potential impact to a level of insignificance.
45. Impact: Potential Traffic Impact on Students
Being, Bused from Housing in the Vicinity of Bailey Road/Increased
Traffic Volume.
a. Finding: The Board finds that the
implementation of the mitigation measures identified in the FEIR
will '.mitigate this potential impact to a level of insignificance.
The Board hereby incorporates by reference as though fully set
forth herein the mitigation measures identified on pp. 3-221 of
the FEIR. The mitigation measures have been incorporated into
the Land Use Permit Conditions of Approval in Condition 29.
Restriction of transfer truck traffic to off-peak hours will
reduce conflicts with student busing, and at the time the
landfill opens, school bus drivers using Bailey Road between the
proposed landfill site and Highway 4 should be made aware of the
increased likelihood of encountering refuse haul trucks. In
addition, cross-walk monitors and street lights will help
minimize this impact.
b. Supporting Explanation: Students being bused
from certain residential areas requiring the use of Bailey Road
south of Highway 4 to get to school may encounter an increased
traffic volume along that stretch of road. This increased
traffic would partially result from the haul trucks using this
stretch of road but mainly from city developments near Highway 4 .
Students living west of Bailey Road, south of Highway 4 who walk
or bicycle to Bel Air Elementary would be subject to this
increased traffic. Imposition of the mitigation measures
identified herein will mitigate this impact to a level of
insignificance.
L. NOISE
46. Impact: Potential Noise Impacts from Construction
and Landfill Operations.
a. Finding: The Board finds that imposition of
the mitigation measures identified in the FEIR will mitigate this
j
33-
potential impact to a level of insignificance. The Board hereby
incorporates - by reference as though fully set forth herein the
mitigation measures identified at p. 3-247 of the FEIR. The
Landfill Land Use Permit Conditions of Approval implement the
zrmitigation -measures at Conditions 21, 22 , and 32 . The project
4,-applicant' s proposal to have landfill operations and construction
take place behind the proposed berms, are included as a condition
Aof the land use permit. This would allow for adjustments to be
made in operating hours for the purpose of traffic management,
without noise impacts to nearby residents. Construction
equipment operating on the site must employ best available
factory-specified noise suppression devices as a condition of
land use permit approval.
b. Supporting Explanation: The landfill site is
located in a windy, open-space/grazing area with a varied
typography of hillsides and valleys. The residential community
north of the site in Western Pittsburg is the nearest major noise
receptor. Vehicular traffic on State Route 4 and the existing
streets is the major contributor to the noise environment. Major
intrusive noise sources in the immediate area are vehicular
Y.traffic and construction at various commercial and residential
sites. The measures to restrict hours of operation, require
t-pperations to take place behind berms, and the requirement of
noise suppression devices to be fitted on construction equipment
will mitigate this potential impact to a level of insignificance.
F 6
M. BIOTIC RESOURCES
47. Impact: Elimination of Approximately Three Acres
of Seasonal Riparian and Spring Habitat. -
a. Finding: The Board finds that the
implementation of the mitigation measures identified in the FEIR
will mitigate this potential impact to a level of insignificance.
OThe Board hereby incorporates by reference 'as though fully set
forth herein the mitigation measures identified at pp. 3-259
through 3-260 of the FEIR. Mitigation measures are made a
condition of, the Landfill Land Use Permit Conditions of Approval
at Condition, 23 . The permitting processes of the Department of
the Army Corps of Engineers and the California Department of Fish
and Game, with respect to a stream bed alteration agreement, will
also impose final mitigation measures for elimination of the
seasonal riparian and spring habitat. The Army Corps of
Engineers and the Department of Fish & Game can and should adopt
mitigation measures. The riparian corridor along Lawlor Creek
will also be enhanced, with a detailed mitigation plan required
as a condition of the land use permit as set forth in Condition
No. 23 .
b. Supporting Explanation: Although the
riparian community is poor and other wet areas are degraded by
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on-site cattle activity, these areas are still considered to have
some wetland value. These values would be lost when the areas
are bulldozed, landfilled, and ultimately covered. The areas of
habitat are considered small and their quality of a very degraded
condition. The enhancement of the riparian corridor along Lawlor
Creek pursuant to a detailed mitigation plan will provide a
preservation and enhancement of habitat value in the adjacent
Lawlor drainage. The imposition of these mitigation measures
will mitigate the potential impact to a level of insignificance.
48. Impact: Attraction of Seagulls.
a. Finding: The Board hereby incorporates by
reference as though fully set forth herein the text of Finding 40
set forth above. The Board finds that the imposition of the
mitigation measures identified in the FEIR will mitigate this
potential impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
mitigation measures identified on pp. 3-265 through 3-266 of the
FEIR. Moreover, the Landfill Land Use Permit Conditions of
Approval implement the mitigation measures in Conditions 20, 24,
and 26. Procedures to minimize the potential attraction to
seagulls include the requirement of daily cover over the
landfill, the use of moveable non-monofilament nylon lines, or
the use of trained falcons kept on site.
b. Supporting Explanation: The explanation in
support of Finding ,40 above adequately sets forth the basis for
the Board's finding, and is incorporated by .reference as though
fully set forth herein.
49. Impact: Potential Downstream Impacts to Aquatic
Biota from Accidental Discharge of Contaminated Water.
a. Finding: The Board hereby incorporates by
reference as though fully set forth herein Findings 19 (leachate
control) and 21 (surface and groundwater quality) as set forth
above. The Board finds that the implementation of the mitigation
measures identified in the FEIR will mitigate this potential
impact to a level of insignificance. The Board hereby
incorporates .by ,reference as though fully set forth herein
mitigation measures identified on pp. 3-266 through 3-267 of the
FEIR. The imposition of mitigation measures serve to (1) limit
leachate formation by the use of surface water drainage systems
and cover requirements; (2) contain leachate by means of a double
liner leachate collection system utilizing polyethylene membrane
of at least 60 mil thickness. The leachate collection system
consists of a permeable drainage layer below the base of the
refuse and a piping system to collection sumps to channel
leachate to the on-site leachate management facility. In
addition, a comprehensive monitoring well system pursuant to
permitting requirements of the Regional Water Quality Control
35-
Board will be .-implemented to detect any potential leachate leaks
offsite. The -RWQCB can and should implement those mitigation
measures identified in connection with the issuance of its site
4,Waste Discharge Requirements. .
b. Supporting Explanation: The Findings 19 and .
21 above 'noted adequately set forth the supporting explanation
for the Board's adoption of this finding, and are incorporated by
reference as though fully set forth herein.
F 50. Impact: Loss of Four Heritage-Sized Trees (Two
Valley Oaks and Two California Black Walnuts) .
a. Finding: The Board finds that the mitigation
Measures imposed pursuant to the FEIR will mitigate this
potential impact to a level of insignificance. The Board hereby
incorporates ,'by reference 'as though fully set forth herein the
mitigation measures identified on pp. 3-268 through 3-269 of the
TEIR. Project applicant is required to provide cuttings of the
Black Walnuts to be taken for propagation by a research
organization specializing in native plants to preserve the gene
pool. Further, the applicant is required to provide landscaping
for areas noted in the project plan.
b. Supporting Explanation: Utilization of the
Black Walnut cuttings for species propagation will enhance the
further growth of the species.
51. 'Impact: Disturbance of Habitat of the San Joaquin
Pocket Mouse.
r a: Finding: The Board finds that the imposition
of the mitigation measure identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Board
hereby incorporates by reference as though fully set forth herein
the mitigation measures identified at pp. 3-267 through 3-268 of
the FEIR. The pocket mouse was not found in initial surveys of
the site. Follow-up studies of the pocket mouse are to be
conducted toifurther characterize the population and to develop a
preservation program.
b. Supporting Explanation: Funding of a
population and distribution study of the San Joaquin pocket mouse
in the area as recommended by the Department of Fish and Game for
other candidate species will develop a program for on-site
preservation if needed. The mitigation measures identified are
made a condition of the landfill land use permit at Condition
23 .9.
52 . Impact: Potential Impacts on the Alameda Striped
Racer and Tiger Salamander which may Occur on the Site.
36-
lam•
a. Finding: The Board finds that the mitigation
measures identified in the FEIR will mitigate this potential
impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
mitigation measures identified at pp. 3-268 through 3-269 of the
FEIR. The Alameda Striped Racer andthe Tiger Salamander were not
found in initial surveys of the project site. Additional field
studies are to be performed to determine if the tiger salamander
or striped racer exist on site. If present, measures will be
taken for species preservation. Implementation of the mitigation
measures is made a condition of the Landfill Land Use Permit
Conditions of Approval at Condition 23 .9.
b. Supporting Explanation: Field studies should
be done to determine if the Tiger Salamander and the Alameda
Striped Racer Snake exist on site. If either the salamanders or
the striped racer snakes exist on site, preservation measures
employed include relocation, as well as minimal on-site
engineering changes to minimize disruption to the species.
Implementation of any such measures will be performed pursuant to
the requirements of applicable federal, state, and local agencies
with jurisdiction.
N. ENERGY
53 . Impact: On-site Fuel Consumption by Bulldozers,
Compactors, and Scrapers.
a. Finding: The Board finds on the basis of the
information provided in the FEIR that imposition of the
mitigation measures identified in the FEIR would mitigate any
potential impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
mitigation measures identified at p. 3-272 of the FEIR. The
Board further finds that fuel efficiency should be an important
consideration in selecting on-site project equipment and
construction equipment, and a regular maintenance program of
equipment should be implemented to maximize vehicle fuel
efficiency during construction and project operations.
b. Supporting Explanation: On-site vehicle fuel
consumption by bulldozers, compactors, and scrapers would be
estimated to be about 2,000 gallons per day by the year 2010.
However, the Keller Canyon Landfill will ultimately be replacing
certain existing landfills, and a net decrease in fuel
consumption would occur if new equipment with increased fuel
efficiency were used as is likely in the 1990s and beyond.
Imposition of the mitigation measures identified will reduce this
impact to a level of insignificance.
54 . Impact: Increase in Fuel Consumption by Transfer
Vehicles.
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a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
this potential impact to a level of insignificance. The Bbard
whereby incorporates by reference as though fully set forth herein
the mitigation measures identified at pp. 3-274 to 3-275 of the
sFEIR. The Board further finds that fuel use could be reduced by
hmaintenance programs to maximize fuel efficiency and by
establishing transfer stations for East and West County.
b. Supporting Explanation: Fuel consumption by
retransfer vehicles would represent the project's total increase in
energy used by off-site vehicles. The increase could be as great
ias 660, 000 gallons of diesel fuel. The imposition of the
mitigation measures, however, regarding maintenance programs and
establishment. of transfer stations would significantly reduce
overall off-site fuel consumption and lessen project-related
traffic impacts.
55. Impact: Heating and Cooling Offices at the
Project' s Site Would Consume 1. 1 Billion Btu's Per Year.
a. Finding: The Board finds that the imposition
of the mitigation measures identified in the FEIR will mitigate
the impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set herein the
mitigation measures identified at p. 3-276 of the FEIR. The
Board further finds that double insulation or triple glazing
windows, operable window placement for cross-ventilation and
landscaping with Evergreen trees along the west wall with
deciduous trees along the south wall would reduce the energy
required for heating and cooling for landfill offices.
b. Supporting Explanation: The heating and
cooling for the proposed offices and auxiliary buildings at the
project site would consume a maximum of 140, 000 btu' s of energy
per square foot annually. The mitigation measures are designed
to reduce this overall impact and to lessen the need for energy
sources to provide heating and cooling at the project site.
O. ECONOMIC ISSUES
56. Impact: The Landfill has the Potential to
Adversely Affect Property Values.
a. Finding: The Board hereby finds that the
mitigation measures identified in the FEIR will mitigate this
potential impact to a level of insignificance. The Board hereby
incorporates by reference as though fully set forth herein the
mitigation measures identified at pp. 3-287 to 3-288 of the FEIR.
In connection with the adoption of written findings required by
CEQA herein in connection with the Landfill Land Use Permit
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Conditions of Approval, the Board has implemented and imposed
extensive and comprehensive mitigation measures on the project
applicant in order to mitigate the potential significant impacts
which have been identified from the proposed use. Comprehensive
mitigation measures include those adopted and implemented for
impacts relating to geology and soils, hydrology, engineering and
construction, leachate control, surface and groundwater quality,
air quality issues, visual and aesthetic issues, traffic and
circulation issues, and matters relating to public health and
safety. The purpose of implementing the mitigation measures
identified in the FEIR is to reduce the potential for impacts
from these sources to a level of insignificance so as not to have
any significant effect on the environment or property values.
The Board finds that the imposition of the mitigation measures
identified herein, and contained in the Land Use Permit
Conditions of Approval will mitigate potentially significant
impacts, resulting in the mitigation of potential to adversely
affect property values to a level of insignificance.
b. Supporting Explanation: Implementation of
mitigation measures recommended in the FEIR would reduce
potential property value impacts to a level of insignificance in
all respects except visual effects. The visual changes which
would remain noticeable from some nearby viewpoints would remain
as a potential impact that could adversely affect property
values. However, real property is unique and its valuation is a
subjective process and it is not possible to identify all of the
features that can positively or negatively affect market value.
For this reason, since identification of value loss is not
objectively quantifiable, it would be difficult to scale any form
of mitigation measure to recompense property owners for a
potential impact on :property values. Because of the extensive
and comprehensive coverage of the mitigation measures identified
and imposed on the site operation, as fully set forth in the
findings above, almost all of the project' s potentially
significant impacts have been mitigated to a level of
insignificance. As a result of the imposition of mitigation
measures, it is not possible to determine what, if any, remaining
potential exists for adversely impacting property values. Where
such slight to negligible changes in value are involved, it would
seem likely that no repercussions on the physical environment
would be experienced and therefore no mitigation would be needed.
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III.
GROWTH-INDUCING IMPACTS; CUMULATIVE IMPACTS; LONG-TERM
PRODUCTIVITY; ALTERNATIVES
A. Growth Inducing Impacts:
a. Finding: This Board finds that development of the
Keller Canyon landfill would not have any substantial or
significant growth inducing impacts.
b. Supporting Rationale: Development of the Keller
Canyon site would not require the extension of urban services or
the construction of new roads, but only the widening of a small
portion (less than 3/4 mile) of the existing Bailey Road. (COSWMP
FEIR, p. 4.3-8 ; KELLER FEIR, P.8-1) . Lands along either side of
Bailey Road south of the area of roadway widening and
improvements are owned by the applicant as shown in the project
diagrams. The remaining access roads would be contained within
the site boundaries. The installation of a water supply pipeline
to the site, should this be the chosen water supply option, would
not be growth inducing because it would not result in the
creation of water supply to any other potentially developable
areas. (KELLER FEIR, 8-1. ) The preferred approach to water
i;"supply is on-site wells and storage tanks. Potential development
on adjacent land under the control of the applicant will be
restricted by the General Plan Amendment and Land Use Permit, as
set forth in ;the record and the Conditions of Approval.
The landfill would not create a significant number of
permanent new jobs. (KELLER FEIR, 8-1. )
The landfill is required to meet existing and projected
County Solid Waste Disposal needs based on the assumption of no
new development in the County. A new landfill is urgently needed
to meet the County's current needs for refuse disposal. At
present, the County is exporting waste to both Alameda and Solano
Counties due to the lack of available refuse disposal capacity.
The export arrangements are short term, and expressly subject to
the County providing for its own waste disposal needs with a new
landfill. The landfill is not being proposed as a means of
avoiding a present obstacle to future growth in the County, and
there is no clear, quantitative basis on which to conclude that
it would remove an obstacle to future growth. (KELLER FEIR, 8-
2 . ) Furthermore, future growth County-wide can be controlled
through the new revised County General Plan as well as under
County-wide planning procedures being implemented under Measure
C, which is designed to control the development of transportation
infrastructure so as to control future growth in the County.
KELLER FEIR, 8-2 . )
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B. Cumulative Impacts:
a. Finding: This Board finds that development of the
Keller Canyon landfill would not substantially or significantly
contribute to cumulative impacts associated with past projects,
presently approved projects, or reasonably anticipated future
projects.
K
b. Supporting Rationale: Construction and operation
of the Keller Canyon landfill could incrementally add to the
cumulative impacts of residential and commercial development in
the vicinity of the landfill, but would not significantly
contribute to these cumulative impacts. The facts supporting
this conclusion are set forth in the KELLER FEIR in the sections
dealing with ..traffic impacts, air quality impacts, biotic
resources, impacts on demand for public services (primarily water
service) , loss of agricultural lands, loss of wetlands and
riparian vegetation, visual resources and public health and
safety. Furthermore, all such impacts from the project itself
are either insignificant without mitigation measures or will be
mitigated to a level less than significant by the imposition of
those mitigation measures proposed in the KELLER FEIR and
described in the Land Use Permit, the Conditions of Approval
appended thereto, and the conditions and limitations placed on
the General Plan Amendment and other entitlements which are
necessary for the project to go forward. Also, see generally the
discussion in the KELLER FEIR at pages 7-1 through 7-4 , which is
incorporated herein by reference.
C. Local Short Term Uses v. Lona-Term Productivity:
a. Finding: This Board finds that development of the
Keller Canyon landfill would not substantially or significantly
adversely affect long term productivity.
b. Supporting Rationale: Implementation of the
project would entail mid-term use of the canyon site as a
landfill, whif'ch would revert to agricultural or open space uses
after cessation of landfill activities. Development of the site
would likely-'preclude long-term development of the footprint area
of the canyon site for other purposes. However, the long-term
prospects for development of the site (other than for continuing
agricultural or open space uses) are minimal, except possibly for
very low density residential uses. The near and mid-term uses of
the site represent a more productive use of the land than
possible long-term, very low density residential development,
particularly given the relative scarcity of land suitable for
development as a sanitary landfill versus the much greater
tavailability of land for similar residential development as this
site would support. Furthermore, the present value of the site
for cattle grazing is low due to low productive values of the
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land compounded by over-grazing of the area.
Failure to recycle materials to be landfilled would result
in a long-term loss of resources,. but recycling efforts in this
County are being increased as a result of state law and local
programs. See generally, KELLER FEIR, pp. 6-2 through 6-2 , and
p. 3-6.
Long-term risks associated with operation of the project are
not expected to be significant, as set forth in Chapter 3 of the
FEIR.
D. Alternatives:
The California Environmental Quality Act (CEQA) requires
EIRs to describe a range of reasonable alternatives to the
project, or toa; the location of the project, which could feasibly
attain the basic objectives of the project and evaluate the
comparative merits of the alternatives (Guidelines, S 15126 (d) ) .
For the reasons stated below, alternatives should be rejected at
this time in favor of the currently proposed project.
The COSWMP FEIR and the KELLER FEIR represent both parts of
a two-tiered program EIR approach to this landfill project, which.
together form a comprehensive review of alternatives sites. This
Board finds that the COSWMP FEIR and KELLER FEIR set forth a
reasonable range of alternatives to the Keller Canyon Landfill
project. Tables 4 . 1 and 4 .2 of the FEIR are hereby incorporated
by reference as though fully set forth herein. In particular,
the Board finds that many alternative sites are adequately
discussed and analyzed in the FEIRS and evaluated in documents
relied upon and incorporated into the FEIRS. These include
landfill siting studies and reports. Further, the FEIRS include
a brief comparison of potential landfill locations. This Board's
findings on specific. alternatives are set forth below:
NO PROJECT ALTERNATIVE (COSWMP FEIR)
a. Finding: The Board finds that this Alternative,
as described in the COSWMP/GPA FEIR, is infeasible because of the
following specific economic, social and other considerations.
b. Reasons: This alternative is defined as the
failure to adopt a CoSWMP revision and General Plan Amendments,
which would have the effect of maintaining the status quo with
respect to solid waste management and landfill development in the
County,. In this alternative, no new landfills would be
developed, existing landfills .would be used until their closure,
and then solid waste would be exported for disposal to other
counties. The County is currently exporting wastes to Alameda and
Solano counties. With Acme Landfill's impending closure, waste
currently going to Acme would be diverted to the two remaining
landfills in the County. These two landfills, Contra Costa
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r
S
Sanitary Landfill (CCSL) and West Contra Costa Sanitary Landfill
WCCSL) , are near capacity and at the present rate of waste
acceptance are due to close in 1990-1991 and 1993 , respectively.
Although the CoSWMP identifies a 24-acre expansion at Acme
Landfill, an application for such an expansion was denied by the
Regional Water Quality Control Board in 1988 . Expansion of CCSL .
and WCCSL are ,also provided for in the CoSWMP, if approvals can
x'be obtained. ' If one or both are granted, they would provide only
a few years of capacity for the County. The waste export
agreements with Alameda and Solano counties are extremely limited
interms of quantities allowed and the duration 'of the contract
tarrangement. In addition to new landfills, the CoSWMP includes
p
Failure
for increasing the current rate of resources recovery.
Failure to implement these provisions under the No Project
y'Alternative would exacerbate the demands on the limited existing
in-County capacity. After exhaustion of in-County capacity, the
County would have to export ' its waste, which, though possible,
a would not be a certainty, would be non-cost effective in the long
run, and would subject the County to other jurisdictions '
requirements and politics.
WASTE REDUCTION ALTERNATIVE (COSWMP FEIR)
a. Finding: The Board finds that this Alternative,
as described in the CosWMP/GPA FEIR, is infeasible because of the
following .specific economic, social. and other considerations.
b. Reasons: The ,CoSWMP includes goals and policies
for increasing"the proportion of the County's solid waste that is
diverted through resource recovery. The long-term goal is to
jdivert 73 percent of the wastestream. In this alternative, three
specific technologies would be used in lieu of landfilling solid
waste: recycling, composting, and waste-to-energy. Two in-depth
County -studies (Recycling Planing Study, Skip Lacaze, 1987 ;
Technical Memorandum No. 13 , Evaluation of Recycling, Composting
and Waste REduction, Contra Costs County/Central Contra Costa
Sanitary District Solid Waste Management Project Report, 1985)
indicate that between 2 and 5 percent of the total wastestream
could be reasonably reduced via residential recycling programs.
Composting the approximately 10-15 percent vegetative waste of
the residential wastestream would be equivalent to approximately
2 percent of the wastestream. Though waste-to-energy
technologies could produce a 70-percent reduction by weight of
the wastestream that is incinerated, there are several problems
involved. Ash residue from mass incineration is about 30 percent
by weight of incoming waste and this would have to be disposed
of. Landfill disposal would still be required for this ash
residue and for non-combustible material. In addition, waste-
to-energy projects are capital intensive, environmental issues
are great, and the current chances for sitting a project in the
near term are slim. As set forth in the Statement of Overriding
Considerations, even with Source Reduction and Recycling required
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under AB 939 , the County will still need one or more landfill
sites to handle current and future anticipated needs.
SUBSTITUTE LANDFILL SITES ALTERNATIVE (COSWMP FEIR)
a. Finding: The Board finds that this Alternative,
as described in the CosWMP/GPA FEIR, is infeasible because of the
following specific economic, social and other considerations.
b. Reasons: During the years 1984-1987 , there were
three landfill siting studies/evaluations performed in the County
to identify potential sites. (Contra Costa County/Central Contra
Costa Sanitary District Solid Waste Management Project Report,
1985; Southeast County Landfill Siting Study, Contra Costa
County, 1986; Delta Diablo Evaluation of Potential Southeast
County Landfill sites, 1987) . These efforts initially considered
22 sites, which were later narrowed through a ranking system to
seven sites. Four of the final seven sites recommended to the
Board of Supervisors are sites identified in the COSWMP, the
subject of the COSWMP FEIR. The reasons for dropping the other
15 sites are listed in Table 6.3-1 of the COSWMP FEIR, and deal
mostly with the sites not meeting the County's list of criteria
for new landfill development (Table 6. 3-2 of the EIR) . It was
intended that developers of landfills would use this information
to identify future sites in the County. During the first study,
t three sites 'were proposed by the private section--Kirker Pass
iWaste Management Landfill (KPWML) , East Contra Costa Sanitary
Landfill (ECCSL) and Central Landfill. The Central Landfill
proposal was withdrawn in December of.. 1986. In 1987, KPWML and
ECCSL completed there hearings and environmental review with the
rPlanning Commission. Both were unable to obtain a majority
approval by the Board of Supervisors. In 1988, the Marsh Canyon
Sanitary Landfill and Keller Canyon Landfill were proposed by the
1.private _sector.
The Keller Canyon proposal is significantly different from
the Central Landfill proposal . The Keller Canyon applicant has
committed to develop only a single canyon for landfill activities
under the Keller proposal as compared with the use of three
canyons for landfilling activities as was proposed under the
Central Landfill proposal. Furthermore, the Keller applicant has
under its control additional acreage (the "Keller Ranch"
property) to the southeast of the original Bailey Road site,
which is 'farther away from the City of Pittsburg and farther from
residential and commercial development. The majority of the
newly proposed Keller Canyon footprint is located on this Keller
Ranch property. (See COSWMP FEIR, A-12 , 13) . The entire Keller
General Plan area comprises about 2 , 628 acres, of which
approximately 244 acres will be used for actual . waste placement.
The closest distance of waste placement to the single closest
residence is 0. 5 miles, compared with 0. 6 miles for the East
Contra Costa Sanitary Landfill , 0. 4 miles for the Kirker Pass
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landfill, and . 5 miles for the Marsh Creek Sanitary Landfill.
See Testimonyn6.of Jill Shapiro, Ph.D. , at the public hearing on
October 10, •,1989 . ) The eastern portion of the Keller Canyon site
including former Central Landfill canyons 2 and 3) is designated
as permanent buffer zone in the General Plan Amendment for the
Keller site and may not be used for waste placement. The purpose
of this buffer zone is to buffer nearby land uses from impacts of
the landfill.
The Keller Canyon landfill is the closest to existing and
planned future transfer stations. This will reduce vehicular
emissions and hauling costs to this landfill. The Keller Canyon
site is also the closest to the freeway portion of Highway 4 .
transfer vans going to the Keller Canyon site, after leaving
Highway 4 , must cross only one intersection before reaching the
site. In contract, transfer vans going to the other three sites
must traverser a greater number of intersections, with a
correspondingly greater impact on local roads, traffic, and
residential and commercial development. There is no other site
that is environmentally superior to the Keller Canyon site. (See
testimony of Keller Canyon Project Engineer, Jill Shapiro, Ph.D. ,
at the public hearing on October 10, 1989; KELLER FEIR at p. 4-
13 . )
On November 1988, this Board passed a resolution expressing
its intention to favorably consider the Keller Canyon Landfill
site should that landfill meet environmental requirements and
complete the public hearing process. (COSWMP FEIR, , p. 6-23) .
The "alternative landfill" alternative is rejected for the
reasons set forth in the COSWMP EIR, and because no sites other
than those included in the CosWMP Revision are capable of
becoming operating facilities by 1992 if site-specific studies
were started now. Moreover, none of the other sites have
sponsors who have obtained control of the land and begun the
application studies. As set forth in the findings issued by
this Board relative to the issuance of a land use permit for the
Marsh Canyon landfill site, there is substantial time, risk and
uncertainty involved in obtaining all necessary approvals for a
new landfill site, and many of these approvals must be obtained
from other agencies. With respect to this Board approval for
more than one landfill site, approval of this project is
necessary to provide a reasonable chance that at least one
landfill site will ultimately be approved and developed. The
Marsh Canyon landfill site is the subject of a pending attempt to
qualify an initiative seeking to change the General Plan
designation for the site area to preclude its use as a landfill.
On February 27 , 1990 the Board of Supervisors rescinded its
approval of the GPA for Kirker Pass Landfill, and on June 5,
1990, the' voters disapproved the East Contra Costa County
Sanitary Landfill GPA. Thus, these latter two sites cannot be
deemed consistent with the County General Plan at this time. The
matrix describing the reasons for rejecting these other sites
identified in the COSWMP EIR Chapter 4 is incorporated herein as
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though fully set forth.
a
NO TRANSFER STATION ALTERNATIVE (COSWMP FEIR)
a. Finding: The Board finds that this Alternative,
as described in the COSWMP/GPA FEIR, is infeasible because of the
following specific economic, social and other considerations.
b. Reasons: In this alternative, the proposed
project would not include the provision for transfer stations,
and instead would rely on direct haul of solid waste to
landfills) and/or resource recovery facilities. This would
entail the use of low-capacity packer trucks to haul the waste
from the point of collection to "the ultimate disposal or
processing point, rather than using high-capacity transfer
vehicles to haul waste form a transfer station to the ultimate
disposal/processing location. There would be a substantially
greater., number of vehicle trips . needed to transport a given
amount of solid waste to its ultimate destination(s) . In the
worst case condition for traffic generation, a single landfill
would become the destination for all the solid waste operations
in the County. According to Table 6.3-3 in the CosWMP FEIR there
would be almost three times as many vehicle trips generated under
this scenario than under the proposed project scenario which
includes transfer stations (1,726 trips by the year 2005 instead
of 640 trips) . There would be substantially greater air
k",emissions and noise impacts. In addition, there could be more
public service impacts due to road maintenance and traffic
enforcement, and greater land use, visual and property value,
impacts as a .result of increased traffic.
r
NO PROJECT ALTERNATIVE (KELLER FEIR)
a. Finding: The Board finds that this Alternative,
as described in the KELLER FEIR, is infeasible because of the
following specific economic, social and other considerations.
b. Reasons: This alternative assesses the no project
concept from the perspective of leaving the site as rangeland.
The site is currently zoned Agricultural Preserve District, and
is used for cattle grazing. This alternative, however, would not
necessarily be better from the view of providing natural habitat,
given the relatively degraded condition of this rangeland and the
loss of riparian and rangeland mitigation potential if the
project is not pursued. Maintaining the site in grazing is also
no guarantee that it will be maintained free of any development.
The City of Pittsburg includes the site in the City's Planning
Area and proposes portions of it for .ultimate low density
residential development. If the site is not developed as a
landfill and no other alternative site is chosen, Contra Costa
County would be without a landfill site in the future and wastes
would have to be exported to another County. This would be very
expensive for the County and would be unacceptable since it would
subject the County to the need to obtain permission from other
Counties for waste import -- permission which Alameda and other
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a
neighboring counties have indicated would likely not be
forthcoming. Further, Alameda and Solano counties indicated that
no further importation of wastes will be .allowed upon expiration
of the current export arrangements.
E.
ALTERNATIVE LOCATION ALTERNATIVE (KELLER FEIR)
a. Finding: This Board finds that none of the four
other proposed landfill sites described in the COSWMP FEIR are
environmentally superior -to the proposed Keller Canyon site.
b. Reasons: The Bay Pointe site is not currently
Y4asible as an alternative to the Keller site because access is
not readily available and there is no current complete project
description or application available for the site. In addition,
most of the area which in the past was proposed as a landfill
footprint is located within the U.S. Navy's explosive easement,
which easement is currently construed by the Navy to preclude
development of a landfill. Approval of a landfill site at the
Bay Pointe location will require a rezoning, cancellation of
Williamson Act Contract and issuance of a land use permit. There
is no current applicant for the Bay Pointe site.
The other proposed GPA sites, Kirker Pass, Marsh Canyon and
East Contra Costa County Landfill, have all been analyzed in
detail in project-level EIRs, as well as in Tables 4 . 1 and 4. 2 of
the KELLER FEIR. Tables 4 . 1" and 4 . 2 of the Keller FEIR regarding
these alternative sites are incorporated herein by reference as
though fully set forth. With respect to the Marsh Canyon site,
there are concerns regarding the feasibility of the,= site
development. As set forth in the findings by this Board relative
to the issuance of a land use permit the Marsh Canyon landfill
site, there is substantial time, and uncertainty invovled in
obtaining all necessary approvals for a .new landfill site, and
many of--these approvals must be from other agencies. With
respect to this Board approval for more than one landfill site,
approval of this project is necessary to provide a reasonable
chance that at least one landfill site will ultimately be
approved and developed. The Marsh Canyon landfill site is the
subject of a pending attempt to qualify an initiative seeking to
change the General Plan designation for the site area to preclude
its use as a landfill. There is also pending litigation against
the site challenging the issuance of a General Plan Amendment,
issuance of a land use permit and the project EIR. The Board
finds that the Kirker Pass Landfill is not a suitable alternative
solid waste disposal facility, and the site' s general plan
amendment was rescinded by the Board on February 27, 1990. This
Board finds that the Kirker Pass Landfill is not suitable as a
solid waste disposal facility because of its relatively limited
capacity (16 years) and the need to access the site via Railroad
Avenue in the City of Pittsburg.
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r r
The Board finds that the East Contra Costa Sanitary Landfill
is not suitable as a solid waste disposal facility as the
application for land use and related entitlements has been
withdrawn, and the voters rejected this site area in the June 5,
1990 primary election- referendum on the site general plan
amendment. This Board further finds that the East Contra Costa
County Landfill is not suitable as a solid waste disposal
facility because of its proximity to parks and reservoirs, the
potential danger of leachate contamination of the Black Diamond
Mines, and the need to access the site through residential
neighborhoods and streets.
The Board further finds that the Marsh Canyon Landfill site
is not environmentally superior to the Keller Canyon site.
MULTIPLE SITES ALTERNATIVES (KELLER FEIR)
a. Finding: This Board finds that a multiple site
alternative involving two landfills is feasible, but involves
offsetting advantages and impacts.
b. Reasons: Under this alternative, Keller Canyon
would be developed in conjunction with another proposed landfill,
g such as Marsh Canyon. If both Keller Canyon and Marsh Canyon
were established, there would be a combined lifespans of 70 years
for the Keller site and 97 years for Marsh Canyon. The impacts
of both landfills are identified in Tables 4 . 1 and 4 . 2 of the
KELLER FEIR and would be cumulative, .except for landfill traffic
volumes, which would be reduced as estimated in Table 4 . 3 of the
KELLER FEIR.
EXPANSION OF KELLER INTO NAVY EASEMENT (KELLER FEIR)
a. Finding: This Board finds that expansion of the
Keller Canyon Landfill project into the area covered by the U. S.
Navy explosive easement would increase the capacity and lifespan
of the landfill and would cause similar or slightly greater
environmental impacts as those identified with the project. The
Board finds that this alternative is not feasible due to the
Navy's current interpretation of the allowed uses within the
explosives easement area.
b. Reasons: Expansion of the project into the Naval
explosive easement as shown in KELLER FEIR figure 4 . 2
alternative 4) would increase the capacity of the landfill from
150 to 100 million cubic yards. This expansion would have similar
or slightly greater impacts as summarized in KELLER FEIR table
I
I
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1. 1.
EXPANSION INTO SOUTHEAST CANYON (KELLER FEIR)
w
a. Finding: Expansion of the project into the
Southeast Canyon would increase the capacity of the landfill and
would entail similar but slightly greater impacts as those
identified with the project.
b. Reasons: Expansion of the project into the
Southeast canyon as shown in KELLER FEIR figure 4 . 2 (alternative
15) would increase the capacity of the landfill from 50 to 55
million cubic yards. This expansion could be more visible from
the City of Pittsburg than the project and would require further
hydrogeologic analysis. . The overall impacts of this expansion
would be the same, but greater, as those identified with the
project.
COMBINATION CANYON ALTERNATIVE (KELLER FEIR)
a. Finding: The Board finds that expansion of the
Keller Canyon landfill into canyons 2 and 3 (see KELLER FEIR
figure 4 . 3) is unacceptable.
b. Reasons: The landfilling of Canyons 2 and 3 would
cause unacceptable cumulative impacts to residents of
the City of Pittsburg. The applicant proposes to
devote Canyons 2 and 3 to permanent open space and for
use as buffer area. Other mitigation requirements
contained in these findings are premised on the
continued retention of. this land for agricultural and
open space uses. This condition is also incorporated
within the General Plan Amendment covering the site
area.
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i.
IV.
FINDINGS REGARDING IMPACTS FOUND UNAVOIDABLE OR IRREVERSIBLE
BY THE FEIR
t
A. Introduction
The FEIR determined that certain impacts identified in the FEIR
which are set forth below are unavoidable and/or irreversible
impacts associated with the project. Section 15091 of the CEQA
Guidelines requires that findings be made with respect to these
impacts. These findings are set forth in section B. below.
B. Findings
1. IMPACT: Permanent Alteration of the Topography Within the
Landfill 's Area of Disturbance
a. Finding: The Board finds that landfill operations
would significantly alter the existing topography of the area of
disturbance by filling an existing canyon with compacted
landfill, and that this impact is significant and cannot be
mitigated to a level of insignificance. The Board hereby
k; incorporates by reference as though fully set forth herein the
c:c FEIR discussion of this impact 3-148 through 3-159 of the DEIR
document. There are no measures which. would completely mitigate
the visual impacts of the project, although the applicant will be
required toyimplement the mitigation measures identified in the
FEIR at pp. 3-52 , and 3-158 to 3-159, including design measures,
benching and berming, landscaping measures and revegetation
techniques. The Conditions of Approval require the implementation
g` of mitigation measures to lessen the impact of alteration of
topography, but some unavoidable impacts of the project remain.
The Board hereby finds that the impacts of the project
relating to alteration of topography and visual impacts are
outweighed by the environmental, social, public health and
welfare and compelling public interest benefits of the project as
set forth in the adopted Statement of Overriding Considerations,
contained in. section V of the findings herein.
2 . IMPACT: Alteration of the visual quality of the area
through vegetation and soil removal, road construction, and the
presence of earthmoving equipment
a. Finding: The Board finds that landfill operations
would significantly alter the visual quality of the area by
filling an existing canyon with compacted landfill, and that this
impact *is significant and cannot be mitigated to a level of
insignificance. The Board hereby incorporates by reference as
though fully set forth herein the FEIR discussion. of this impact
51-
at pp. 3-148 through 3-159 of the DEIR document. There are no
measures which would completely mitigate the visual impacts of
the project, `although the applicant will be required to implement
the mitigat"ion measures identified in the FEIR at pp. 3-52 , and
3-158 to 3-159 , including design measures, benching and berming,
slandscaping measures and revegetation techniques. The Conditions
t,bf Approval require the implementation of mitigation measures to
lessen the impact of alteration of topography, but some
unavoidable impacts of the project remain.
The Board hereby finds that the impacts of the project
relating to alteration of visual impacts and topography are
outweighed by the environmental, social, public health and
welfare and compelling public interest benefits of the project as
set forth in the adopted Statement of Overriding Considerations,
contained in section V. of the findings herein.
3 . IMPACT: Loss and compaction of existing soils within a
1'375-acre disturbed area during construction and excavation of the
landfill.
a. Finding: The ,Board finds that the loss of existing
soil in the disturbed area would occur during the planned
excavation and general construction of the landfill, and that the
soil loss at the landfill site surface would be a permanent
unavoidable impact. The Board hereby incorporates the discussion
of this impact in the FEIR at p. 3-53 by this reference as though
fully set forth herein. There are •no measures which will
completely mitigate this impact, although the applicant will be
required to implement the mitigation measures identified in the
FEIR including the stockpiling of soils for use as final cover
material and the use of soil amendments to improve the quality of
the soil.
The Board hereby finds that the impacts of the project
relating to the loss of soil are outweighed by the environmental,
social, public health and welfare and compelling public interest
benefits of the project as set forth in the adopted Statement of
Overriding Considerations, contained in section V. of the
findings herein.
4 . IMPACT: Emission of NOx from total project activities.
a. Finding: The Board finds that landfill operation
would result in certain levels of nitrogen oxide emissions (NOx)
remaining as a significant unavoidable impact notwithstanding the
imposition of mitigation measures identified and discussed in the
FEIR. The Board hereby incorporates by reference as though fully
set forth herein the discussion of landfill air impacts found at
pp. 3-112 to 3-138 of the FEIR. There are no measures which would
completely mitigate this impact, although the applicant will be
required to implement the mitigation measures identified in the
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Air Quality section of the FEIR and further will be subject to
the: permitting requirements of the Bay Area Air Quality
Management District (BAAQMD) .
The Board hereby finds that the impacts of the project
relating to the remaining emissions of NOx are outweighed by the
environmental, social; public health and welfare and compelling
public interest benefits of the project as set forth in the
adopted Statement of Overriding Considerations, contained in
section V. of the findings herein.
5. IMPACT: Elimination of 2 to 3 acres of Semi-riparian
Corridor.
a. Finding: The Board finds that excavation of the
site will result in the elimination of approximately 2 to 3 acres
of semi-riparian seasonally wet and spring habitat. The riparian
community is poorly developed and other wet areas have been
degraded by cattle grazing and trampling, although these areas
still function as wetlands and retain some wildlife, flood
control and aesthetic value. The Board hereby incorporates by
reference as though fully set forth herein the discussion of this
impact and the mitigation measures in the FEIR at pp. 3-259 to
3-262. Mitigation measures are likely to be imposed in connection
with the Army Corps of Engineers review of the wetlands
determination, and the Department of Fish and Game will require a
Streambed Alteration Agreement. Given the small size of wetland
area at the site and its degraded condition, the applicant will
be able to meet the requirements of the Corps and Fish and Game
in connection with the mitigation requirements of these agencies
for the minor loss of poor quality wetland habitat. The loss of
this small area of the site compares favorably to the alternative
presented by the destruction of extensive acreage of Oak trees in
connection with an alternative landfill proposal. The applicant
will be able to enhance Lawlor Creek to preserve the habitat at
the site and mitigate this impact. To the extent that this impact
could not be completely mitigated, some unavoidable significant
impact may remain.
The Board hereby finds that the impacts of the project
relating to the elimination of 2 to 3 acres of riparian habitat
remaining even after the imposition of mitigation measures and
enhancement programs are outweighed by the environmental , social ,
public health and welfare and compelling public interest benefits
of the project as set forth in the adopted Statement of
Overriding Considerations, contained in section V. of the
findings herein.
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V,
STATEMENT OF OVERRIDING CONSIDERATIONS
Notwithstanding the disclosure of the potentially
e significant impacts and the mitigation measures described above,
pursuant to Section 15093 of the State CEQA Guidelines, the Board
of Supervisors finds that the benefits of the Keller Canyon
Landfill project outweigh .the unavoidable significant adverse
1'- environmental impacts, and the project should be approved. The
4P Board of Supervisors further finds that there are specific
social, economic and other reasons for approving this project,
k"based on information . in the record, notwithstanding any and all
substantial adverse impacts disclosed in the Final Environmental
Impact Report and described above as a significant impact not
fully mitigated. The Board also finds that, to the extent any
mitigation measures recommended in the EIR were not or will not
be incorporated into the project, such mitigation measures are
infeasible with respect to the landfill project, because such
measures would impose restrictions on the landfill project that
would prohibit the realization of specific economic, social, and
other benefits that this Board finds outweigh the unmitigated
impacts. The Board also finds that the alternatives set forth in
the fEIR are infeasible because they would prohibit the
realization of specific economic, social, and other benefits that
this Board finds outweigh the environmental benefits of the
alternatives. Further, the Board finds that the following
reasons warrant approval of the project notwithstanding any
unavoidable or unmitigated. impacts:
1. Adoption of this project will forestall the public
health hazard that would result from the exhaustion of landfill
capacity in this County without adequate replacement landfill
capacity. The County has an urgent need to provide for solid
waste disposal capacity, as the County' s existing landfills have
reached or are nearing capacity. The Acme Fill facility has
ceased accepting wastes for landfill in its North Parcel, and the
East ,Parcel facility houses the Waste Transfer Station which is
the exclusive;means for exporting municipal solid wastes to
Alameda and Solano Counties due to the lack of available in-
county disposal capacity. The Garaventa East County Landfill is
currently facing possible closure because of several permit
violations, and the West County Landfill is expected to reach
capacity in less than three years.
2 . Adoption of this project will provide overall social
benefits to the County. A number of services, including
healthcare, child day care, care for senior citizens, and supply
hof food and housing all depend on an assured system of solid
waste collection and disposal. Approval of the project will help
ensure the continued and anticipated need for provision of such
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services.
3 . Adoption of the project will enable the County to meet
its obligations under the current export agreements with Alameda
and Solano counties, which require the County to promptly site
and develop new landfill capacity within Contra Costa County.
Issuance of this permit will ensure that this County can continue
to export garbage to these neighboring counties while one or more
new landfills are being constructed and put into operation.
4 . Adoption of this project will eliminate or reduce the
need to export solid waste to other counties. As noted above,
the County is currently having to export municipal solid waste to
neighboring counties. This dependence and arrangement is not in
the public interest and contrary to the goals of the Integrated
Waste Management Act. This will reduce or eliminate the
environmental, traffic, and energy impacts of hauling waste
outside the County and constitutes an environmental benefit of
this project.
5. Adoption of this project will provide construction jobs
over a period of several years.
6. Adoption of this project will allow the County to
comply with, the Integrated Waste Management Act requirements to
provide for adequate solid waste disposal capacity for the
County's needs, both present and reasonably anticipated. The
County must identify specific areas or sites for the location of
new or expanded transformation and/or disposal facilities.
Notwithstanding the recently mandated source reduction and
recycling requirements contained in the Integrated Waste
Management Act (as enacted by AB 939) , a landfill site is
4 necessary to provide for the balance of the County's wastestream
which cannot be recycled or reduced. The adoption of source
reduction and recycling programs will not reduce or eliminate the
need for landfill disposal capacity.
7. Adoption of this project is essential given that
substantial time, risk and uncertainty is involved in the
obtaining of all necessary approvals for a new landfill site.
Several of the necessary approvals, including required air and
water permits, will have to be issued in the future and there is
a substantial risk that a site will not obtain one or more of
these required discretionary approvals. Accordingly, to the
extent that this County may approve more than one landfill site,
approval of this Project and one or more sites is necessary to
provide a reasonable chance that at least one site ultimately be
approved and developed. Moreover, the Marsh Canyon site is facing
a potential initiative drive seeking amendment of the General
Plan, and the Garaventa East County Landfill Site was defeated by
the voters in the June 5, 1990 primary election referendum.
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8. The Project site is ideally suited for a landfill site
due to its location and topography. The Canyon site has more than
adequate capacity to meet the County's present and anticipated
capacity needs, based on current projections and reasonably
anticipated effects of AB 939 recycling programs to be
implemented by the County and the Cities within the County. The
unique setting of the Canyon and the 2600 acres of buffer
property surrounding the site area provides a special buffer area
to separate the site from the surrounding areas and uses.
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VI.
REPORTING/MONITORING PROGRAM
Section 21081. 6 of the California Public Resources Code
requires this Board to adopt a monitoring or reporting program
regarding CEQA mitigation measures in connection with these
findings. This monitoring and reporting will be done pursuant to
the following program, which this Board hereby adopts in
fulfillment of the CEQA mitigation monitoring or reporting
requirement:
A. The Community Development Department shall file a
written report with this Board at least once each year, with a
greater frequency as needed, beginning on or about the first
anniversary of the approval of the Final Development and
Improvement Plan and continuing throughout the time that the
Project is developed and operated pursuant to this Land Use
Permit and additional approvals which may be granted by other
regulatory agencies regarding this Project. The written report
shall be based upon formal inquiry of the site operator and
permitting agencies, undertaken by the Community Development
Department, to determine the status of the implementation of
mitigation measures. The written report shall briefly state the
status in implementing each mitigation measure which is adopted
as a Condition of Approval or which is incorporated into the
Project. The written report may include information from other
agencies regarding implementation of the mitigation measures.
When such information from other agencies is included, the report
shall include such additional information, if any, as the
Department deems necessary to provide a complete report on the
implementation of mitigation measures.
B. This mitigation monitoring report may be combined
with any other requirement of annual review by the County which
is imposed upon this Project pursuant to the Conditions of
Approval or pursuant to any other permits which are obtained for
this Project.
C. , Community Development staff shall review the
written report and determine whether there is any unforeseen,
unusual and substantial delay in, or obstacle to, implementing
the adopted or incorporated mitigation measures which requires
action by the County, and shall report any such delay or obstacle
to this Board.
D. If any interested party requests it, the report
will be provided to such party in writing.
E. If the staff or this Board determines that action
is required to ensure that one or more mitigation measures is
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implemented, then the staff shall advise this Board of the
situation, and this Board, staff, or a designee of this Board
shall consult with the applicant and shall take such measures as
are reasonably necessary (provided such measures are otherwise
allowed bylaw to apply to this Project) to implement the subject
mit-igation measure.
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V11.
FINDINGS IN CONNECTION WITH ISSUANCE OF
LAND USE ENTITLEMENTS, REZONING, MINOR SUBDIVISION AND
CANCELLATION OF WILLIAMSON ACT CONTRACT
A. Standards
1. Rezoning (County Ord. Code § 26-2. 1806)
Determination Required:
1) proposed change will substantially comply
with the General Plan;
2) uses authorized or proposed in the land use
district are compatible within the district
and to uses authorized in adjacent districts;
3) community need has been demonstrated for the
use proposed, but no demonstration of
financial success is required
2. Refuse Disposal Permit. (County Ord. Code,
Division 418) ; Conditional Use Permit (County Ord. Code, Section
26-2. 008)
The Board of Supervisors shall consider the health,
safety, and welfare of the people of the county, the orderly
development of property within the county, the preservation of
property values, the protection of the tax base, the effect upon
the neighborhood, the likelihood and prevention of a nuisance
being created, the effect on the general or "master" plan of the
county, special conditions or exceptional characteristics of the
property, and its location or surroundings.
3 . Williamson Act Cancellation
The Board of Supervisors may cancel a Williamson Act
contract if it finds that cancellation of the Williamson Act
contract is in the public interest in that other public concerns
substantially outweigh the objectives of the Williamson Act; and
that either (1) that there is no proximate non-contracted land
k which is both available and suitable for the use to which it is
proposed the project site be put; or (2) that development of the
project site would provide more contiguous patterns of urban
development than development of proximate non-contracted land.
4 . Minor Subdivision
The standard for approval of a Minor Subdivision is that the
tentative map or parcel map, together with the provisions for its
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design and improvement be consistent with the General Plan, as
amended to provide for a landfill site, and compatible with the
objectives, policies, general land uses and programs specified in
the General .Plan.
1B. Findings:
1. Rezoning
a. Finding: The Board hereby finds that:
a) the rezoning change proposed complies
Zwith the general plan as said general plan has been amended to
i:authorize the specific project uses contemplated pursuant to the
land use permit for refuse disposal ; that an urgent, compelling
need exists to rezone the subject property to be in conformance
with the General Plan, ' as .amended and approved by the voters.
b) that the uses authorized or proposed in
the land use district are compatible within the district and to
those uses authorized in adjacent districts;
c) a compelling community need has been
demonstrated for the landfill use proposed without requirement of
demonstration of financial success.
b. Supporting Rationale: As set forth under I.
INTRODUCTION, "The Requirement of Findings" , the County is
required to set forth written findings demonstrating the basis
for its land use decisions in connection with the Keller Canyon
Landfill project. These findings disclose the framework for
making decisions, to help make land use analysis orderly and
based upon a fair and reasoned consideration before the County
Board of- Supervisors. In connection with the rezoning and other
land use findings, the Board has read and considered the FEIR and
All evidence before the Board. The Board has relied on the FEIR
and the information contained or referenced therein as setting
forth a comprehensive analytical framework for the Keller Canyon
Landfill project land use decisions. The FEIR, prepared in
compliance with CEQA statutes and guidelines, has provided the
Board with an .analytical basis to evaluate raw data, information
and evidence presented in public hearings, serving as the
cornerstone of the Board' s decision-making process.
The Board hereby adopts and incorporates by
reference as though fully set forth herein all findings made and
set forth herein pursuant to CEQA, regarding the impacts
associated with the proposed project and the findings and
supporting explanations in connection therewith. The Board finds
that the implementation of mitigation measures and comprehensive
Land Use Permit Conditions of Approval mitigate almost all
potential impacts to a level of insignificance and that the
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analysis and findings regarding the - project's potential impacts
provide a factual basis for the Board to authorize the rezoning
provided for herein. Moreover, an urgent public need has been
more than adequately demonstrated for the proposed use, without
requirement to the demonstration of future financial success.
The Board further adopts and incorporates by reference as though
fully set forth herein the findings made below for issuance of a
land use permit for refuse disposal, and cancellation of a
Williamson Act contract.
2. Land Use Permit for Refuse Disposal.
a. Finding: The Board hereby finds that in
considering the application for a land use permit for refuse
disposal, the Planning Commission and the Board have considered
the health, safety, and welfare of the people of the County; the
orderly development of the property in the County; preservation
of property values; the protection of the tax base; the effect
upon a neighborhood; the likelihood and prevention of a nuisance
being created; the effect upon the general or "master" plan of
the County; special conditions or exceptional circumstances of
the property; and the property location or surroundings.
The Board further finds that based upon
advice of the County' s health officer, and pursuant to hearings,
the Board has adopted Land Use Permit Conditions of Approval as
regulations for operations of the proposed refuse disposal site.
Said conditions of approval, as adopted by the Board, by the
terms of County Ord. Code § 418-4 . 014 (b) shall become
requirements of the County Ordinance Code as though incorporated
therein and shall control the operation of the refuse disposal
site. The Board further makes the following findings pursuant to
County Ordinance Code Section 26-2 . 008 :
1) That the proposed conditional land use will
not be detrimental to the health, safety and
general welfare of the county;
2) That it will not adversely affect the orderly
development of property within the county;
3) That it will not adversely affect the
preservation of property values and the protection
of the tax base within the county;
4) That it will not adversely affect the policy
and goals as set by the General Plan;
5) That it will not create a nuisance and/or
enforcement problem within the neighborhood or
community;
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6) That it will not encourage marginal
development within the neighborhood;
7) That special conditions or unique
characteristics of the subject property and its
location or surroundings have been established.
b. Supporting Explanation: As set forth under
I. INTRODUCTION, "The Requirement of Findings", the County is
required to set forth written findings demonstrating the basis
for its land use decisions in connection with the Keller Canyon
Landfill project. These findings disclose the framework for
x: making decisions, to help make land use analysis orderly and
based upon a fair and reasoned consideration before the County
Board of Supervisors. In connection with the rezoning and other
land use findings, the Board has read and considered the FEIR and
all evidencevbefore the• Board. The Board has relied on the FEIR
and the information contained or referenced therein as setting
forth a comprehensive analytical framework for the Keller Canyon
Landfill project land use decisions. The FEIR, prepared in
compliance with CEQA statutes and guidelines, has provided the
a Board with an analytical basis to evaluate raw data, information
and evidence presented in public hearings, serving as the
cornerstone of the Board' s decision-making process.
The Board hereby adopts and incorporates by
reference as though fully set forth herein all findings made and
set forth herein pursuant to CEQA, regarding the impacts
associated with the proposed project and the findings and
supporting explanations in connection therewith. The Board finds
that the implementation of mitigation measures and comprehensive
Land Use Permit Conditions of Approval mitigate almost all
potential impacts to a level of insignificance and that the
analysis and findings regarding the project's potential impacts
provide a factual basis for the Board to authorize the issuance
of a Land Use Permit for Refuse Disposal provided for herein.
Moreover, an urgent public need has been more than adequately
demonstrated for the proposed use, without requirement to the
demonstrationlof future financial success.
3 . .`.-:' Cancellation of Williamson Act Contracts.
a. Identification of Williamson Act Contract
Parcels for Which Cancellation is Sought: The County has
entered into recorded Williamson Act contracts which cover the
following parcels, and for which contract cancellation is sought:
094-050-001
094-100-001
094-130-006
097-170-001
094-060-002
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094-070-001
094-110-001
094-120-001
097-220-001
094-060-001
094-080-003
b. Finding: The Board hereby finds (1) that
cancellation of the Williamson Act contracts for the parcels
listed, and to the extent that some or all of such parcels are
utilized for landfill operations, facilities and related
structures, is in the public interest in that other public
concerns identified in these Findings substantially outweigh the
objectives of the Williamson Act; (2) that there is no proximate
non-contracted land which is both available and suitable for the
use to which- it is proposed the Keller Canyon site be put; and
3) that development of the Keller Canyon site land would provide
more contiguous patterns of urban development than development of
proximate non-contracted land.
C. Supporting Explanation: The siting of the
Keller Canyon landfill fulfills an urgent need of this County to
site adequate solid waste disposal capacity within this County.
c The alternative of continuing to export waste to other counties
is not economically feasible and there is no assurance that other
counties would continue to accept Contra Costa waste beyond the
expiration of the current export agreements, which are of short
approximately 2 years) duration. ; Siting additional disposal
capacity within this County providesassurance that public health
and safety will be protected. The Keller site would not be
growth-inducing, as further explained in section III of these
Findings, and would result in more contiguous patterns of urban
growth than landfill sites more distant from the core of County
urban development. There is no proximate non-contracted land
which has adequate capacity to meet the County ' s requirement of
30+ years disposal capacity (assuming that landfill receives all
of the County's waste stream) and which is both available and
suitable for use as a sanitary landfill . Moreover, no other
landfill (other than potentially the Marsh Canyon site) is
capable of being constructed and placed in operation to meet the
County' s disposal needs prior to the expiration of this County ' s
export agreements with Alameda and Solano counties. The Keller
FEIR recommends, and this Board adopts as a required mitigation
measure, that the Special Buffer Zone be permanently set aside
for agricultural and open space uses, and that development rights
to this property be deeded to the County. Grazing enhancement
measures in the Buffer Zone during the active life of the
landfill will insure that there will be no net loss of grazing
capacity within the overall project boundary. When landfill
activities cease, the site shall be returned to agricultural uses
to the extent practicable given closure and post-closure
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requirements. This Board's findings regarding the feasibility of
alternative site locations under CEQA are incorporated herein by
this reference.
5. Minor Subdivision Approval.
The Board hereby finds that the Minor Subdivision
proposed by applicant is consistent with the County General Plan
as amended. The Board further finds that it has officially
adopted its General Plan., and that it has previously amended the
General Plan to designate the project area as a landfill site.
The Board finds that the minor subdivision and uses proposed are
compatible with the objectives, policies, general land uses and
programs specified in the General Plan.
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