HomeMy WebLinkAboutMINUTES - 10301990 - 2.4 2:4
BOARD OF SUPERVISORS f, ;I' Contra
ltra
FROM: HARVEY E. BRAGDON Costa
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: OCTOBER 30, 1990
SUBJECT: ERICKSON HAZARDOUS WASTE TRANSFER/TREATMENT FACILITY PROJECT; Land Use
Permit 2117-87; General Plan Amendment 6-88-CO
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) 6 BACKGROUND AND JIISTIFICATION
RECOMMENDATIONS:
I. RECOMMENDATION ON THE ENVIRONMENTAL IMPACT REPORT
A. Accept the Zoning Administrator finding that the Final
Environmental Impact Report for the Erickson Hazardous
Waste Transfer/Treatment Facility Project, consisting of
the November 1989 Draft Environmental Impact Report (EIR)
and the June 1990 Final EIR Response Document, was
prepared, processed and completed in accordance with the
California Environmental Quality Act (CEQA) and State and
County CEQA Guidelines;
B. Accept the Zoning Administrator finding that the Final
EIR is adequate in its discussion and analysis of
environmental impacts, mitigation measures, alternatives,
and other environmental effects that could result from
the approval of the Erickson Hazardous Waste
Transfer/Treatment Facility project;
C. Affirm that the Board of Supervisors has reviewed and
considered the Erickson Hazardous Waste
Transfer/Treatment Facility Draft EIR (November 1989) and
the Final EIR Response Document (June 1990) before acting
.on this item; and
D. Certify that the Final Environmental Impact Report for
the Erickson Hazardous Waste Transfer/Treatment Facility
Project, consisting of the November 1989 Draft EIR and
the June 1990 Final EIR Response Document, was prepared,
processed and completed in accordance with th California
Environmental Quality Act and State and
o�nty CEQA
Guidelines. '
II. RECOMMENDATION ON THE GENERAL PLAN AMENDMENT
A. Accept the Planning Commission recommendation to adopt
the General Plan Amendment (County File GPA No. 6-88-CO)
as proposed by staff; and
B. Approve the General Plan Amendment (County File GPA No.
6-88-CO) as proposed by staff and direct staff to include
the Amendment in one of the Consolidated Amendments for
1990.
III. RECOMMENDATION ON THE LAND USE PERMIT
A. Accept the staff recommendation to find that the Erickson
Hazardous Waste Transfer/Treatment Facility, as modified
by the August 28, 1990 Conditions of Approval, is
consistent with the portions of the Contra Costa County
Hazardous Waste Management Plan which identify siting
criteria, siting principles and other policies applicable
to hazardous waste facilities.
B. Accept the Planning Commission recommendation to approve
the Land Use Permit Application (LUP 2117-87) for the
Erickson Hazardous Waste Transfer/Treatment Facility
project with the Conditions of Approval recommended by
staff and modified by the County Planning Commission at
its August 14, 1990 and August 28, 1990 meetings.
C. Accept the Local Assessment Committee's split
recommendation regarding the approval the Land Use Permit
Application (LUP 2117-87) for the Erickson Hazardous
Waste Transfer/Treatment Facility project.
1.
L
D. Approve Land Use Permit (LUP 2117-87) for the Erickson
Hazardous Waste Transfer/Treatment Facility Project as
modified by the Conditions of Approval dated August 28,
1990.
IV. RECOMMENDATION ON THE FINDINGS:
Adopt the Findings Document, which includes the EIR Findings
and the Mitigation Monitoring Program, as required by the
California Environmental Quality Act.
V. OTHER RECOMMENDATIONS
A. 10% HAZARDOUS WASTE FACILITY TAX:
1. Accept the Local Assessment Committee (LAC)
recommendation to dedicate the 10% Hazardous Waste
Facility Tax as follows:
a. Approximately $10,000 per year for the costs
associated with the Communication and
Information Panel.
b. Direct the County Health Services Department
to work with the Communication and Information
(C&I) Panel to plan the services that will be
provided by the Tax. The Tax will be
dedicated to the following:
i. The funding and improvement of public
health and occupational health service
needs of the . residents surrounding the
Erickson Hazardous Waste
Transfer/Treatment Station including the
residents of North Richmond, Parchester
Village and San Pablo.
ii. The funding of other programs, such as
COMET or the Hazardous Waste Management
Planning Program, which is agreed upon by
the C&I Panel.
2. Adopt the Local Assessment Committee recommendation
with the following amendment proposed by staff:
a. Allocate $45,000 per year to the Community
Development Department hazardous waste
management planning, including updating the
County Hazardous Waste Management Plan.
B. COMMUNICATION AND INFORMATION PANEL
1. Approve the establishment of a Communication and
Information Panel as required by the Contra Costa
County Hazardous Waste Management Plan and as
recommended by the Local Assessment Committee.
2.- Approve the function of the Communication and
Information Panel as identified in the Local
Assessment Committee report (Document E) .
FINANCIAL IMPACT
The California Health and Safety Code (Section 25173.5) authorizes
the County to impose a tax or a user fee on the operation of an
offsite, multi-user hazardous waste facility such as that which is
proposed by Erickson Enterprises. This tax, which cannot exceed
10% of the gross receipts of the facility, minus those receipts
which are derived from recycling, is estimated to generate $500,000
per year. Approval of this project would, therefore, result in a
net financial benefit to the County of $500,000 per year. The cost
of the mitigation monitoring program will be paid for by the
applicant.
2.
BACKGROUND:
Erickson Enterprises (Owner: Oscar Erickson) proposes to establish
a hazardous waste transfer and treatment facility which would be
used to manage up to 30,000 tons of hazardous waste per year. The
project, if approved, would be located at the northwest corner of
Goodrick Avenue and Parr Boulevard in the unincorporated North
Richmond area of Contra Costa County. To be established, the
applicant must obtain a land use permit and a general plan
amendment from Contra Costa County, as well as permits from the Bay
Area Air Quality Management District, the State Department of
Health Services, and the West Contra Costa Sanitary District.
An Environmental Impact Report (EIR) was prepared for the requested
land use permit and general plan amendment. On June 18, 1990, the
County Zoning Administrator approved a Resolution recommending that
the Board certify the Final EIR. The County Planning Commission
held public hearings on the requested land use permit and general
plan amendment for this project on August 14, 1990 and August 28,
1990. The County Planning Commission recommends that the Board
approve the general plan amendment and the land use permit as
modified by the Conditions of Approval dated August 28, 1990.
The Board of Supervisors held a public hearing on October 23, 1990
and accepted public testimony on the EIR, the proposed General Plan
Amendment and the proposed Land Use Permit. The Board closed the
public hearing and scheduled consideration of the recommendation
for October 30, 1990. .
CONTINUED ON ATTACHMENT: Sx YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM ON OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON October 30 , 1990 APPROVED AS RECOMMENDED X _ OTHER Y
On October 23 , 1990, the Board of Supervisors deferred to this
date the decision on a proposed General Plan Amendment 6-88-CO and
Land Use Permit 2117-87 for the Erickson Hazardous Waste
Transfer/Treatment Facility, Oscar J. Erickson, owner/applicant, in
the North Richmond area.
Supervisor Powers commented on the matter before the Board and
requested input from the other Supervisors.
Supervisor Schroder expressed support for the project as
presented to the Board along with the monitoring and mitigation
measures including Supervisor Powers recommendations for further
monitoring and mitigation and he so moved.
Supervisor McPeak. seconded the motion suggesting a direction to
the County Personnel Department that our employment training program
offer to assist in meeting the goals for local employment that are a
condition of approval.
Supervisor Torlakson indicated support for the project.
Supervisor Powers advised that he would prefer to see the
facility in some other location and indicated that the fears in the
community are legitimate and he requested that staff assist in
providing information to the community in answer to questions as a
part of the motion.
3.
4.
IT IS BY THE BOARD ORDERED that recommendations I, II, III, IV
and V are APPROVED; and as in recommendation II , Resolution 90/722 is
ADOPTED; and the Community Development Department staff is REQUESTED
to assist in providing information to the community in answer to
questions.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS ABSENT TRUE AND CORRECT COPY OF AN
AYES:ILII , IV, V NOES: None ACTION TAKEN AND ENTERED ON THE
ABSENT:None ABSTAIN: MINUTES OF THE BOARD -OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Community Development Department ATTESTED October 30 , 1990
cc: Community Development (C. Kutsuris) PHIL BATCHELOR, CLERK OF
Erickson Enterprises (via CDD) THE BOARD OF SUPERVISORS
Public Works-Tom Dudziak CO Y ADMINISTRATOR
West County Fire Protection Dist.
BY a
DEPUTY
CK:gms
n2:Erik-Ent.bo
4.
7M ffiQAI D OF SLITMISCRS OF omm CDSiA, axorY, QsiLnumm
Adopted this Order an Octaber 30, 1990 by the folladittg vote:
AYES: Supervisors Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSDUN: Supervisor Powers
itF�9❑iirnTCK NO. 90/ 72 2
SUBJBCT: In the matter of the Erickson )
Hazardous Treatment Facility )
General Plan Amenchnent. )
The Board of Supervisors of Contra Costa County RESOLVED that:
There is filed with this Board and its Clerk a copy of Resolution No. 45-1990
adopted by the Contra Costa County Planning Commission discussing an amendment
to the County General Plan for the North Richmond area.
On October 23, 1990, this Board held a public hearing on said amendment. Notice
of said hearing was duly given in the manner required by law. The Board, at
that hearing, called for testimony of all persons interested in this matter.
The Board deferred decision on this matter until October 30, 1990.
The Board hereby finds that the proposed amendment will have a significant
impact on the environment and that an Environmental Impact Report has been
prepared and processed in compliance with the California Environmental Quality
Act and the County EIR Guidelines.
The Board members having fully considered this amendment, determine to amend the
County General Plan for the North Richmond area as recommended by the County
Planning Commission and adopt the CEIQA findings found in Attachment Al to this
document.
The Board further directs the County Community Development Department to
incorporate' this proposed amendment into a combined amendment to the County
General Plan which this Board will consider for adoption during the 1990
calendar year as one of the four permitted amendments to the mandatory elements
of the County General Plan.
cc: ColYmunity Development
Clerk of the Board t hereby certify that this Is a true and correct Copy of
County Administration an action taken and entered on the minutes of the
Public Works Director Board of Su re date shown. p
County Counsel ATTESTED: r . �� •3o . (j L
PHIL BATCHELOR,Clerk of the Board
cjc8/bfagp.res 1upervis and Cou ministrator
By ,D@Duty
RFSOL(MON NO. 90/ 7 2 2
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BOARD OF SUPERVISORS
CONTRA COSTA COUNTY., CALIFORNIA
FINDINGS RELATIVE TO THE ERICKSON HAZARDOUS WASTE =TRANSFER/
TREATMENT FACILITY GENERAL PLAN AMENDMENT AND LAND USE PERMIT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT ("CEOA")
AND ADOPTION OF A MITIGATION MONITORING PROGRAM
GENERAL PLAN AMENDMENT NO. 6-88-CO
LAND USE PERMIT NO. 2117-87
The Board of Supervisors of Contra Costa County, California
(this "Board") adopts the following findings regarding the Erickson
Transfer/ Treatment Facility, General Plan Amendment (No. 6-88-CO)
and Land Use `Permit (No. , 2117-87) .
I. CONTENTS AND TERMINOLOGY
These findings are presented according to the following list
of headings:
Section
II. INTRODUCTION AND PROCEDURAL HISTORY (page 2)
III. FINDINGS REGARDING POTENTIAL 'ENVIRONMENTAL
IMPACTS DETERMINED IN THE INITIAL STUDY NOT TO BE
SIGNIFICANT (page 6)
IV. FINDINGS REGARDING UNAVOIDABLE SIGNIFICANT IMPACTS
(Page 7)
V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT
ENVIRONMENTAL IMPACTS WHICH ' CAN BE AVOIDED OR
SUBSTANTIALLY LESSENED BY ADOPTION OR. INCORPORATION
OF MITIGATION MEASURES (page 11)
VI. FINDINGS REGARDING INSIGNIFICANT ADVERSE
IMPACTS (page 30)
VII FINDINGS REGARDING CUMULATIVE IMPACTS (page 38)
VIII. FINDINGS REGARDING IRREVERSIBLE IMPACTS (page 39)
IX. FINDINGS REGARDING ALTERNATIVES TO THE PROJECT
(Page 40)
X. FINDINGS REGARDING GROWTH-INDUCING IMPACTS (page
45)
XI. FINDINGS REGARDING RESPONSES TO COMMENTS (page
46)
XII. STATEMENT OF OVERRIDING CONSIDERATIONS (page 47)
XIII. FINDINGS REGARDING MONITORING . OR REPORTING OF CEQA
MITIGATION MEASURES (page 49)
XIV. GENERAL FINDINGS (page 50)
XV. OTHER FINDINGS (page 50)
The term "Findings" is used to generally refer to this
CML
overall document, and presents the Board's findings an
the-Project, General Plan Amendment, and Land Use Permit.'
The term "findings," is any ` specific determination
embodied within the overall text of the findings.
i
The term "Applicant" refers to Erickson, Inc. , proponent
of the hazardous waste transfer/treatment facility, which
will also be the facility operator.
The term "Project" refers to the Erickson hazardous waste
transfer/ treatment facility to be located on a 4 . 3 acre
site within 9.3 acre parcel in' the unincorporated North
Richmond area .of Contra Costa County, at the northwest
corner of the intersection of Parr Boulevard and Goodrick
Avenue.
II.. INTRODUCTION AND PROCEDURAL HISTORY
A. The Environmental Impact Report
The California Environmental Quality Act (CEQA) , as
amended, and the State CEQA Guidelines, require the
preparation of an Environmental Impact Report (EIR) for
certain public and private sector projects requiring
discretionary actions by California's governments. The
discretionary power to approve this General Plan
Amendment, Land Use Permit, and the Project resides with .
the County.
The.' project being considered is known as the ERICKSON
HAZARDOUS WASTE. TRANSFER/TREATMENT FACILITY, proposed by
Erickson, Inc. , . the project Applicant.
The County Community Development Department (CCDD)
determined that an EIR was required for the Project, and
a Notice of Preparation was issued on February 16, 1989.
The County issued a Draft EIR on November 22, 1989, t'o
-the State Clearinghouse, interested jurisdictions, public
agencies, organizations and individuals for review and
comment.
The CCDD conducted a public hearing on December 12 , 1989,
at which time all wishing to comment were. afforded the
opportunity to be heard. After the conclusion of the
public hearing it was closed to oral testimony, and the
CCDD continued the comment period for receipt. of written
comments until January 8, 1990 and then again continued
the matter until January 12 , 1990.
On June 18, 1990, the County Zoning Administrator adopted
a resolution finding that the Final EIR was prepared,
2
processed, and completed in accordance with CEQA and
State and County Guidelines, and finding the Final EIR to
be adequate and complete. ' The . County` Zoning
Administrator transmitted the Final EIR to the Board of
Supervisors . with the recommendation that the Board
certify that the Final EIR was prepared in accordance
with CEQA and that it is adequate.
For purposes of these Findings, the EIR consists of: the
' Draft EIR'; the Final EIR including the Response Document
dated June 1990; the Initial Study for the ' EIR; all
documents incorporated into the EIR (including all .
appendices),; all notices of preparation, completion, and
other notices relating to the EIR; and all appendices,
exhibits, supplements, and documents incorporated by
reference into the EIR.
The EIR for this General Plan Amendment, Land..Use Permit,
and the Project may be collectively referred to in these
Findings .as the "EIR" or the "Final EIR" .
B. . Certification of the EIR
In adopting these Findings, this Board again certifies
that the Final EIR has been completed in compliance with
CEQA, and that, it was presented to, and reviewed and
considered by, this Board prior to approving this General
Plan Amendment, Land Use Permit, and Project.
C. Mitigation Measures - General Findings
These Findings contain numerous specific findings based
upon . mitigation measures set forth in the EIR. With
respect to . each finding set forth in these Findings
relating to mitigation measures, incorporation of
mitigation measures into this Project, or imposition of
mitigation measures as Conditions of Approval, this Board
makes the following additional findings: ,
1. Except where specifically stated to the contrary. in
these. Findings, all of the mitigation measures
recommended in the EIR have been incorporated into
the Conditions of Approval, either by adoption of
additional conditions of approval as set forth
above or by inclusion in the listing of conditions
of approval attached as an exhibit to this Board's
resolutions approving the General Plan Amendment,
Land Use Permit, and Project. Although the
Conditions of Approval may not use the exact
wording of the mitigation measures recommended in
the EIR, in each such instance, the adopted
Condition of Approval is identical to or
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substantially similar to the recommended mitigation
measure. Unless specifically stated to the
contrary, all such measures are, and are intended
to be, equally effective in .avoiding or lessening
the identified impact as are the mitigation
measures as worded in the EIR.- In each instance
where this Board states in these Findings that one
or more mitigation measures are adopted, .this Board
means that • such measures or their- substantial.
equivalent ' is adopted.
2. In some instances, mitigation measures are
recommended which are within the jurisdiction of
other agencies. In each such case where mitigation
.measures are within the responsibility and
jurisdiction of another agency, and not this
County, such changes either have been adopted by
the other agency as a part of its regulations or
other enactments, or can and should be adopted by
such other agency in passing upon approvals
required for this Project.
3 . None of the recommended mitigation measures
themselves give rise to any significant
environmental impacts, unless such an impact is
identified in the EIR.
4. The status of implementation of the mitigation
measures which are incorporated into or imposed
upon this Project and this General Plan Amendment
and Land Use Permit shall be included in the
mitigation monitoring and reporting program as set
forth' in Section XIII, below, of these Findings.
Compliance with these mitigation measures is
subject to the continuing control of the County.
5-. It is the - BoardIs intent to adopt all mitigation
measures recommended by the EIR unless such
measures have been rejected or modified by these
Findings. If a measure has through error been
omitted from the Conditions of Approval or from
these Findings, it shall be deemed adopted by these
Findings.,
6. In adopting these Findings, this Board intends to
adopt complete and thorough findings with respect
to all matters discussed in the EIR. This Board
hereby incorporates into these Findings, and adopts
as its own findings and conclusions, the Findings
and Conclusions set forth in the EIR; except that
this -incorporation of the EIR's findings and
conclusions shall not apply in any 'case where the
4
EIR's findings and conclusions are contradicted by
a finding or statement in these Findings.
D. Description of the Record
The record before this Board relating to this General
Plan Amendment and Land Use Permit includes, without
limitation, the following:
1. The application for this Land Use Permit, together
with all documents, files and reports on this Land
Use Permit maintained by the CCDD.
2. The application for the General Plan Amendment,
together with all documents, files and reports on
this General Plan Amendment maintained by the CCDD.
3 . All staff reports on this Project, General Plan
Amendment, and Land Use Permit.
4. All documentary and oral evidence received and
reviewed by the Zoning Administrator, the Planning
Commission, and this Board before and during the
public hearings on this General Plan Amendment,
Land Use Permit, and EIR.
5. The EIR, including all notices relating to the EIR
and all documents and reports incorporated by
reference into the EIR;
6. The County's Hazardous Waste Management Plan and
accompanying EIR.
-- 7 . All matters of common knowledge and all official
enactments and acts of the County, such as (a) the
County General Plan, (b) the County Code, (c) other
County policies and regulations, (d) the County
Hazardous Waste Management Plan, and (e) applicable
state and Federal laws, rules, and regulations.
All findings made by this Board herein are each based on
all of the facts in the entire record before this Board,
including without limitation the information which is
recited in the discussion in each particular category of
these Findings.
This Board intends that any finding or determination
required or permitted to be made by this Board shall be
deemed to be made if it appears in any portion of this
document or elsewhere in any Board order, resolution or
ordinance pursuant to which these Findings are prepared
to or which these Findings are attached, and that all of
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T.V
i.
the text included in this document constitutes findings
and determinations by this Board, whether or not any
particular caption, sentence or clause includes a
statement to the effect that this Board is making a
finding.
The discussions of facts in the categories set forth
below may be primarily or entirely based upon the EIR in
some instances, but this Board intends that each finding
herein is based on the entire record, including without
limitation all written and oral testimony to the Zoning
Administrator, the Planning Commission, and this Board.
The omission of any relevant fact from the summary
discussions below is not an indication by this Board that
a particularfinding is not based in part on. the omitted
fact.
In certain instances, this Board may adopt findings in
the alternative regarding mitigation measures, Project
alternatives, or other matters. In each such case, this
Board is -adopting such findings in the alternative
because there are one or more grounds for the particular
finding, or one or more findings to support this Board's
action, and each of the alternative findings is supported
by substantial evidence in the record. If any one
alternative finding is rejected by a reviewing court for
.. any reason, this Board intends that all other findings on
the particular subject matter shall remain as the
findings of this Board on the particular matter.
III. FINDINGS REGARDING POTENTIAL ENVIRONMENTAL IMPACTS
DETERMINED ..IN THE INITIAL STUDY NOT TO BE SIGNIFICANT
This- Board adopts and makes the following findings regarding
those certain potential environmental impacts of this General
Plan Amendment, Land Use Permit, and Project which were
determined in the Initial Study not to be potentially
significant adverse environmental impacts
A. Facts
The Initial Study prepared on this Project contains an
explanation for its conclusions following each of the
questions appearing in the Initial Study. In addition,
the . Draft EIR at Appendix A explains why it was
determined. that this Project will not have potentially
significant adverse impacts on the environment in certain
areas or categories of impact.
B. Findings
This Board finds that:
6
1. With respect to the Initial Study facts set, forth
above, this General Plan Amendment, Land Use
Permit, - and Project will . hot have a potentially
significant adverse impact on the environment.
2. Because impacts were determined to be insignificant
in they Initial Study, no mitigation measures are
required to be adopted pursuant to CEQA relating to
the foregoing insignificant impacts, no analysis of
these impacts is required
red in the EIR, -and no
finding is required regarding these impacts.
3.- To the extent that these impacts might be
characterized as significant. by persons disagreeing
with this Board's findings, this Board finds that
the environmental, public health, economic, social,
and other benefits of this General Plan Amendment, '
Land Use Permit, and Project outweigh and override
any such purported significant impact, as more
fully stated in Section XII (Statement of
Overriding Considerations) below.
IV. FINDINGS REGARDING UNAVOIDABLE SIGNIFICANT IMPACTS
Pursuant to CEQA Guidelines, Section 15091, this Board adopts
and makes the' following findings regarding those environmental
impacts of General Plan Amendment, , Land Use Permit, and
Project discussed in the Final EIR which may be determined to
be. significant,, unavoidable adverse environmental impacts. - .
The EIR found that during normal operations, the Project would
not result in any significant adverse environmental impacts
(DEIR, pp. S-3 , S-4, 1-10, 12) . However, the Project has the
potential , -to cause significant adverse impacts on public
health and safety due to accidents (DEIR, p.' S-40; 11) . These
are discussed below.
A. ' Public Health and Safety
Impacts.
a) . Accidental spills, explosions, fires, or
release of hazardous materials during plant
upset conditions, or resulting from off-site
transportation accidents, may cause death or
serious injury to on-site and/or nearby
persons, as well as property damage (DEIR, p.
S-4 , 11) .
2. Facts.
a) The facility will involve transfer, storage,
7
and treatment of about 30,000 tons of
hazardous materials each year (DEIR, p. 2-7,
2.6) . -Some of these materials have the
potential to explode or burn if accidentally
ignited.
b) Twenty-two truck trips will be generated daily
involving trucks carrying bulk and
containerized shipments of hazardous waste to
and from . the .Project site . (DEIR, p. 4-78,
I.B. 1) . These trucks could be involved in
collisions which may then result in explosion,
fire, or release of" hazardous waste.
c) An accidental spill of hazardous materials
and/or release into ,the air could occur during
handling at the Project site.
d) Access of the site by. emergency response
vehicles may be hindered by trains on the
nearby railway blocking road access/egress
(DEIR, p, S-4, 11) .
3 . Mitigation.
a) Erickson will comply with all design measures,
safety precautions, and emergency response
procedures, as required by. federal,
California, and local agencies and included in
the Comprehensive Project Description and
Conditions of Approval. (Section 19. 2) ,
b) If requested, the the Transfer/Treatment
-= Station operator shall fund, on an equitable
basis, County Environmental Health Division
personnel, training, and equipment necessary
to assure an adequate level of emergency
response services (DEIR, p, S-4, 11) , If
emergency resopnse responsibilities are
transferred to another agency, the Director of
Community Development may require the funding
be directed to the appropriate agency.
c) Erickson will have a contingency plan in place
in the event of any emergency release. The
contingency plan contains information to
protect worker safety, procedures for
.emergency response, . on-site and off-site
evacuation, as well as a mechanism to
immediately. clean up spilled material and
notify the proper authorities in the event of
an accidental release.. This contingency plan
8
will be submitted to emergency response
agencies prior to facility construction,
allowing improvements to be suggested and
incorporated into facility design. The
Applicant and relevant agency will review the
Contingency Plan after any emergency (DEIR, p.
S-4, S-5, 11) .
d) The Applicant will conduct off-site notifi-
cation for those residents and businesses
within 0.5 miles of the Project site.
Erickson will•provide a list of such residents
and businesses within this area to the
Sheriff's office to better facilitate any
necessary evacuation. An emergency road
across railroad tracks will also be
established, . or other measures will be
implemented, as approved by County, that
achieve an equivalent improvement in emergency
access (DEIR, p. S-4, 11) .
e) Erickson will .have trained emergency response
personnel on site during each shift. They will
have a 24-hour security watch of the facility,
to allow early detection of emergencies during
nonoperating hours (DEIR, p. S-5, 11) . The
Applicant will develop and implement training
and subsequent refresher programs covering
'r. accident prevention, safety, emergencies and
contingencies, damaged or faulty equipment
detection, spill or leak detection,
identification of hazardous materials and
ground fissures, first aid, and instruction in
the use of equipment (Conditions of Approval,
Section 19 .4) .
f) , Erickson will have appropriate emergency
clothing and . equipment available throughout
the facility (DEIR, p. S-5, 11) . The
Applicant will provide and maintain first aid
supplies located in easily accessible areas,
consistent with the Occupational Safety and
Health Administration codes and subject to
approval of the California Department of
Health Services (CDHS) (Conditions of
Approval, Section 19.5) .
g) Erickson will follow procedures of the CDHS
permit for receiving, storing, and treating
the wastes at their. facility to minimize the
likelihood of any emergency situation. These
mitigation measures are part of the
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Applicant's Project description, and are also
required by Bay Area Air Quality Management
District (BAAQMD) .
h) All trucks bringing waste to the site will. be
required to have a two-way radio to facilitate
communication with public emergency response
agencies (DEIR, p. S-12, 7) .
i) The Transfer/Treatment Station operator shall
require all truck haulers to utilize the
Richmond Parkway for travel to and -from the
Transfer/Treatment Station . The
Transfer/Treatment Station operator shall not
allow truck haulers to access the facility on
Third Street from the south or ` on Parr
Boulevard from the east.
4 . Findings.
Based upon the EIR and the entire record, this
Board finds that:
a) The adoption of safe operational procedures,
training programs, and fire protection systems
would reduce the likelihood of accidental
fires or explosions. The requirement that the
haulers use the prescribed. route would reduce
the likelihood of an ' accident involving �a
truck hauling materials to and from the
facility. The use of emissions controls,
containment systems, fugitive emissions
monitoring programs, pressure relief , valves,
-- etc. , will reduce the likelihood of release of
hazardous materials into the air or onto land.
b) In the event of an accident, . the contingency
plan, on-site first aid supplies, emergency
equipment and trained personnel, and off-site
notification (if necessary) :will help reduce
the adverse effects .of the release/spill/fire/
explosion. Payment of medical costs by the
Applicant would also . :alleviate, though not
completely eliminate, the effects.
C) To the extent that this unavoidable
significant adverse impact of the Project is
not mitigated to a level of insignificance,
despite the mitigation measures which are
incorporated, the environmental, economic,
social, and other benefits of the Project
override this potentially significant adverse
10
Y
effects, as more fully, stated in Section XII .
(Statement of Overriding Considerations)
below.
B. Other Environmental Impacts
1. Facts.
a) The EIR does not list any other impacts of
this Project as unavoidable and significant.
2 . Findings.
Based upon the EIR and the entire record, this
Board .finds that:
a) Except for any impacts of this Project which
are 'determined to be unavoidable and
significant as set forth above, the other
impacts of, this Project are either
insignificant, or -have been avoided,
substantially lessened, or mitigated to a less
than significant level.
b) Any " such impacts remaining, despite the
mitigation measures set forth for each
category of - environmental impact, are
overridden and outweighed by the
:. environmental, public health, economic,
social, and other benefits of the Project, as
more fully stated in Section XII (Statement of
Overriding Consideration) below.
V. - FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS WHICH
CAN BE AVOIDED 'OR SUBSTANTIALLY LESSENED BY ADOPTION OR
INCORPORATION OF MITIGATION MEASURES
This Section V includes the findings of this Board for impacts
of the Project that can be mitigated to a level of
insignificance. All potentially significant impacts of the
Project,which are not listed in the DEIR (Table S-1, pages S-3
to S-5) and Response Document have been determined to be
capable of mitigation to a level of insignificance by the
imposition of mitigation measures. This Board finds that all
potential impacts of this Project which are not listed in the
DEIR (Table S-1, pages S-3 to S-5) and Response Document can
and will be mitigated to insignificance. The specific
findings of this Board for each category of such impacts are
set- forth below.
A. Air Ouality
. 11
1. Impacts.
a) Operational emissions contribute to regional
nonattainment of air quality standards
regarding organic compounds (DEIR, p. S-6,
1[a] ) .
b) Short-term emissions from accidental spills at
site or during transportation contribute to
regional nonattainment of air quality
standards for organic compounds (DEIR, p. S-6,
1[b] )
2 . Facts.
a) Based on the types of wastes that the 'facility
would accept, and the methods of treating and
handling these wastes, gaseous emissions of.
criteria and noncriteria organic pollutants
would result totaling 8 . 36 pounds per day or
3052 pounds per year (DEIR, p. S-6, 1[a] ) .
b) Emission sources include one solvent storage
tank (Source 1) , one gasoline/water tank
(Source 2) , four organic/oily waste tanks
(Sources 3-6) , one sludge tank (Source 7) , one
waste oil tank (Source 8) , one oil/water
separator (Source 9) , one sludge dewatering
unit (Source 10) , a tank. truck cleaning area,
a drum crusher, drum storage areas, and
fugitive emissions (from pumps, valves, and
flanges) (DEIR, p._ S-6, 1[a] ) .
-- c) A Health Risk Assessment Study evaluated
operational emissions and control technologies
at the proposed facility (Risk Analysis for
Hazardous Waste Storage/Treatment Facility
Proposed by Erickson, Inc. , March 2 , 1988) .
3 . Mitigation.
a) The Applicant will control operational
emissions with the following methods:.
i) Solvent and gasoline/water storage tanks
(Sources 1, 2) equipped with vapor return
lines
ii) Solvent, gasoline/water, and organic/oily .
storage tanks (Sources 1-6) equipped with .
vacuum/pressure relief valves and vented
through carbon adsorption units
12
iii) Oil/separator (Source 9) , sludge
dewatering unit (Source 10) , and central.
pumphouse to- be enclosed and vented to
carbon adsorption units
iv) Daily inspection to monitor for leaks and
conduct immediate repairs (DEIR, p. S-6,
1[a] )
b) The Applicant will satisfy the BAAQMD
permitting requirements and utilize Best
Available Control Technology for Toxics
(TBACT) to minimize operational emissions.
The Applicant will evaluate the TBACT every 5
years (Conditions of Approval, Section 15.4) .
C) The Applicant will undertake immediate cleanup
measures after accidental spills at the site
or during transportation (DEIR, p. S-6, 1[b] ). .
d) The' Applicant will operate the facility in a
manner that prevents odors from being detected
off site (Conditions of Approval, Section.
15.5) .
4. Findings.
Based upon the EIR and the entire record, this
Board finds that
a) The requirement of incorporating emission
control measures, applying TBACT, periodically
reevaluating TBACT, and undertaking immediate
rt cleanup measures after an accident have been
included in the Conditions of Approval, and
proper implementation of the mitigation
measures will reduce the impacts to a level of
insignificance. .
b) Any operational air quality impacts that
remain, despite the mitigation measures, are
overridden and outweighed by ' the
environmental, public health, economics,
social, and other benefits of the Project, as
more fully stated in Section XII (Statement of
Overriding Considerations) below.
B. Geology, Soils, Seismicity
1 Impacts.
a) An earthquake could generate strong ground
13
shaking of the Project site, with potential
for soil_ liquefaction and resulting uneven
soil settlement which could damage facilities
and site utilities, and may result in cracking
of spill containment systems (DEIR, p. S-7,
2 [a] ) .
b) Soils could be .contaminated from spills of
hazardous wastes or breakage of pipelines
conveying hazardous substances (DEIR, p. S-7,
2 [a] ) .
2 . Facts.
a) Strong ground shaking is 'probable during the -
expected lifetime of the facility, because of
the proximity of Bay Area faults , especially
the Hayward Fault 1. 1 miles northeast of the
site (DEIR, p. 4-14, I.A.4) .
b) A Maximum Credible= Earthquake (MCE) of 7k is
associated with the Hayward Fault, and USGS
has determined a probability of 20 percent of
a magnitude 7 earthquake occurring on the
fault in the next 30 years (DEIR, p. 4-14,
I.A. 4) .
C) The facility site is categorized as having a
moderate potential for liquefaction based on
the type of subsurface materials.
Differential settlement of soil at the site
due to ground shaking is likely (DEIR,. pp. 4-
17, -18, 5) .
3 . Mitigation.
a) All facility structures will be designed and
constructed to withstand seismic shaking from
an MCE for the site, including the potential
loss of foundation support resulting from .
liquefaction of - subsurface material and
potential impact from soil settlement.
Facility designs will be reviewed by the CCDD .
for approval (DEIR, p. S-7, 2 [a] ) .
b) The Applicant will minimize the likelihood of
spillage by avoiding the use of open tanks and
continuous feed pumps; and using automatic
cutoff devices for tanks, automatic shutoff
controls on pipes carrying hazardous
materials, and spill containment areas around,
unloading, storage, and treatment units, built
14.
7,U
according to applicable federal and state
standards (DEIR, p. S-7, 2 [b] ) .
C) As an additional, precaution, the waste
containment site will be sized with a 25
percent safety factor (DEIR, p. S-7 , 2 ['b] ) .
d) The Applicant will not allow potentially
contaminated containers and, equipment to be
stored in areas that are unpaved and do not
have a containment system (DEIR, p. S-7, ,
2[b] ) •
e) Emergency response agencies will review the
facility design and contingency plans prior to
construction (DEIR, p. S-7, 2 [b] ) .
f) The Applicant shall . inspect the facility
following an earthquake. The inspection
report shall be submitted to CCDD and other
appropriate agencies. The operator shall also
make all necessary repairs prior to resumption
of operations (Conditions of Approval, Section
13 .4) .
4. Findincgs.
Based upon the EIR and the entire record, this Board
finds that:
x
a) The requirements that the facility and its
appurtenants are designed to withstand a MCE, that
containment systems are built to _ specified and
approved standards, that an inspection is conducted
after an earthquake, and that the , facility
contingency plan is approved by the appropriate
agency, plus other measures listed above, will
reduce geological impacts to a level of
insignificance.
b) Any ; geological and soil impacts' which remain,
despite the mitigation measures, are overridden and
outweighed by the environmental, public health,
economic, , social, and other benefits of' the
Project, as more. fully stated in Section XII
(Statement of Overriding Considerations) below.
C. Water Resources
1. Impacts
a) Improper discharge of wastewaters could affect
15
surface water or groundwater (DEIR, p. S-8,
3 [a] )
b) On-site accidental breakage of liquid waste
pipeline, rupture of storage tanks, or spills
during transportation could result in , the
contamination of surface water or groundwater
(DEIR, p. S-9, 3 [c] ) .
c) Accidental off-site spillage during
transportation could result in contamination
of water resources (DEIR, p. S-9, 3 [d] ) .
2. Facts
a) Surface drainage from the Project site is
towards the northwest. San Pablo Creek, the
nearest waterbody, is to the south and
upgradient from the proposed site. (DEIR, p.
4-26, I.A.3) .
b) The soil below the Project site has a very low
permeability. The maximum vertical distance a
contaminant will move in a day is less than 1
inch. The depth of the groundwater is at
least 5 feet. It would take a contaminant
about half a year to migrate to the
groundwater, and approximately 2000 years to
migrate to San Pablo Creek (DEIR, p. . 4-34,
II.A. 2) .
C) The site .is above the 100-year flood zone and
would not be affected by flooding (DEIR, p. 4-
26, I.A. 3)
d) Wastewater will be generated at the facility
at the rate of about 19, 000 gallons per day
(DEIR, p. 2-26, II) .
e) In case of an accident, the maximum liquid
waste spill is assumed to be 5040 gallons, the
size of a bulk liquids tanker truck. Spills
from the 8000-gallon on-site tanks would be
confined by the containment area (DEIR, p. S-
9, 3 [c] ) .
3 . Mitigation:
a) Surface -runoff from the facility transfer and
treatment areas will be collected and
discharged to sewers (DEIR, p. 2-26, II) . A
surface drainage plan will be prepared by the
16
Applicant to conform with therequirements of
Division 914 of the Subdivision ordinance.
The Plan will be reviewed by Contra Costa
County Flood Control District, Contra Costa
County Public Works Department, and the CCDD
for approval (Conditions of Approval, Section
14.2-.3) .
b) ' Wastewater generated at the facility will be
treated on site to achieve the water quality.
requirements of West Contra Costa County
Sanitary District prior to discharge into the
sanitary sewer system. Prior to discharge,
samples from each batch of wastewater to be
released would be collected and analyzed by a
laboratory certified by the CDHS. If samples
exceed the pretreatment standards, they will
be treated and retested. Wastewater will not
be discharged to the district's sewer system
unless the testing finds it meets pretreatment
standards (DEIR, p. 2-26, II) . . Wastewater
that cannot be discharged will be managed as a
hazardous waste (Conditions of Approval,
Section 14 . 6) .
C) The operator shall cover storage wastewater in
such a manner that it is not accessible to
wildlife (Conditions of Approval, Section
14.7) .
d) The developer will install a spill containment
area designed to hold the volume of the
largest' tank and runoff from a storm with a
_= on.e-in-25-year recurrence interval. The spill
containment plans and detailed engineering
designs will be submitted to an independent
qualified engineer for review. The results' of
the review will be submitted to the CCDD di
rectorfor approval prior to issuance of
building permits (Conditions of Approval,
Section' 14 . 8) .
e) Facility . design and operation will include
measures to contain spills in case of
accidents. These are described in Sections
3b, 3c, and 3d' of Geology, Soils, Seismicity
above.
f) Additionally, the Applicant shall: .
i) Inspect pipelines, tanks, and drum
storage areas on a daily basis for spills
17
ii) Repair them if necessary
iii) Cover all drums during storage
iv) Design facility to• prevent precipitation
runon
v) Monitor three on-site groundwater quality
wells every 6 months and submit findings
to CHSD within 6 weeks of testing (DEIR,
p. S-9, 3 [c] ) .
g) The Applicant shall undertake immediate
cleanup measures after a spill, collect and
treat contaminated water, and notify CHSD
immediately-(Conditions of Approval, Section
14.9(i] ) .
h) .,. The Applicant shall- inspect equipment daily to
prevent spills, leaks, or air emissions.
Damaged equipment shall be repaired
immediately. When not in use, the equipment
shall be shut off. All vehicles and equipment
shall- be washed and cleaned (Conditions of
Approval, Sections 14 . 11-. 13) .
4 . Findings.
Based upon the EIR and the entire record, this Board
finds that:
a) The requirements of a surface drainage plan,
discharge of wastewater in accordance with
permits issued by West Contra Costa Sanitary
District (WCCSD) , spill prevention and.
containment requirements, and storage
requirement's in the Conditions of Approval,
and the proper implementation of mitigation
measures, will reduce impacts to water
resources to .a level of insignificance.
b) In the case of accidental release of hazardous
waste into soil, the Project emergency
response plan calls for the removal of
contaminated soil. This measure will
eliminate an impact of a contaminant on
groundwater given the rate of movement of
contaminant in the soil and the depth of the
groundwater and the distance to San Pablo
Creek.
C) In view of the unknown nature of. transport
. 18
accident spills, the impact on water quality
cannot be evaluated with any certainty. A
worst-case scenario would be that all material
carried' by a large bulk liquid tank truck
would enter a stream or embankment as a result
of a major traffic accident before emergency
response teams could reach the accident site.
The likelihood of such an event happening is
very low. On a probabilistic basis, the
likelihood would be far less than the
occurrence of a similar incident associated
with the trucking ofgasolinefrom any of the
five petroleum refineries within Contra Costa
County. This is because of the much greater
volume of gasoline hauled compared to
hazardous waste - associated with the Project
operation.
d) Any water - resource impacts which remain,
despite the mitigation measures, are
overridden and , outweighed by the
environmental, public health, economic,
social, and other benefits of the Project, as
more fully stated' in Section XII
(Statement of Overriding Considerations) below.
D. Biological Resources
1. Impacts
a) off-site habitats may be affected from on-site
storm runoff, accidental spills, or an off-
site transportation accident (DEIR, p. S-10,
4 [a] , (c] ) -
b) Nearby commercial plant nursery operations may
be impacted by organic emissions (DEIR, p.. S-
10, 4 [b] ) .
2 . Facts.
a) Linear groundwater velocities indicate that it
would take about 2000 years before migrating
chemicals from an accidental release of
hazardous material . on site would reach San
Pablo Creek and affect its biological
resources (DEIR, p. 4-34, 11) .
b) Current levels of air emission around the
plant nursery do not appear to have affected
the plants (DEIR, p. 4-48, B.3) .
19
3.. Mitigation.
a) Spill containment measures (listed,in Sections
3b, 3c, 3d of the Geology, Soils, Seismicity
section, and 3f of the Water Resources section
above) will be employed and will reduce off-
site impacts of spills on biological resources
to an insignificant level. In the event of a
spill, cleanup would- be conducted immediately
(DEIR, p. S-10, 4[a] )..
b) Air emissions will be controlled and regulated
under permit requirements from the BAAQMD
(DEIR, p. S-10, 4[b] ) .
4. Findings.
Based upon the EIR and the entire record, this Board
finds that:
a) Project contingency plan calls for immediate
cleanup of spill residues. Combined . with
containment system designs and emission
control measures, this would reduce impacts on
biological resources to insignificant levels.
b) Any biological resource impacts which remain,
despite the mitigation measures, are
overridden and outweighed- by the
environmental, public health, economic,
social, and other benefits of the Project, as
more fully stated in Section XII (Statement of
Overriding Considerations)- below.
E. Land Use Plans and Policies.
1. Impacts.
a) The proposed use of the site is incompatible
with the site's current land use designation
(DEIR, p. S-10, 5[a] ) .
b) Land use designation change effected via a
General Plan amendment could create a
situation where the site', if not used to build
the Project, could be used for other heavy
,industrial uses without CEQA review:(DEIR, p.
S-10, 5[b].) .
c) The Project would affect residential use of
adjacent land by increasing the cancer risk
for residents in the vicinity (DEIR, p. S-11,
20
5[c] ) .
2. ?. Facts.
a) Currently, the . site is designated Light
Industrial in the General Plan but it is zoned
for heavy industry (DEIR, p. 4-66, I.B) .
b) .Redesignation of the Project site to Heavy
Industrial . would mean that other uses would
also be permissible. Current County
regulations do not require proponents of new
projects, or of major changes to existing
facilities, to submit development plan
applications for heavy industrial uses to be
located in Heavy Industrial areas, - unless
specified quantities of hazardous materials or
hazardous wastes will be managed. Should the
General Plan Amendment for the Project site be
approved, but the Land Use Permit for the
Project be denied, it is conceivable that
other industrial activities may occupy the
site. Without the need for these other
activities to obtain a land use permit, the
County is not in a position to undertake a
CEQA review to determine whether an EIR should
first be prepared that would provide
information on environmental impacts of any
development proposal (DEIR, p. 4-66, I.B) .
C) A health risk assessment prepared for this EIR
estimated the carcinogenic risk for the
nearest residents to be about 5 in a million
(Risk Analysis for Hazardous Waste Transfer/
Treatment Facility Proposed by Erickson, Inc. ,
March 2 , 1988) .
d) The site is within an area zoned industrial
and where industrial uses predominate. (DEIR,
P. 4-67,.,, B).. The residents on. Parr and
Goodrick close the project site are legal non-
conforming residential uses within an
industrial area (DEIR, p. 4-67)
3 . Mitigation.
a) An application for a general plan amendment of
land use designation of the site has been
submitted and forms the focus of these
Findings.
b) The County should amend regulations so that
21
new or major upgrade projects in heavy
industrial areas are required to obtain a land
use permit. This would invoke the need for
CEQA review (DEIR-, p. '8-10, [b] ) .
c) . Creation of a buffer zone. .around the site
could eliminate the possibility . of
carcinogenic impacts on nearby residents.
Should the .Miyamoto family decide to relocate
in light of. the risk, the Applicant will
purchase the property and use it for
nonresidential purposes or as a buffer zone
. (DEIR, p. S-11, 5[c] ) .
4. Findings.
Based upon the EIR and the entire record, this
Board finds that:
a) Redesignation of land use at the Project site
through a General Plan Amendment will make the
Project consistent with the General Plan.
b) Provided the Miyamoto family decides to
relocate, the acquisition and use of the
property by the Applicant will ensure that
residential uses do not occur in , the Project
vicinity.
cj The approval of the General Plan Amendment and
the Land Use Permit for this site effectively
eliminates the potential impact of reduced
regulatory authority over the Project site.
d) Any land use impacts which remain, despite the
mitigation measures, are overridden and
outweighed by the environmental, public
health, economic, social, and other benefits
of the Project, as more fully stated in
Section XII (Statement of Overriding
Considerations) below.
F. Public Services and Utilities
1. Impacts.
a) The Project will potentially result in an
increased demand for emergency services,
including services for scene isolation, fire
control, hazardous materials containment,
rescue activities, medical care, or evacuation
(DEIR, p. S-11, 6)
22
�J11QDc U W
2 . Facts.
a) . The potential for an emergency at the facility
exists due to its activities and the types of
materials it handles (DEIR, p. 4-120, I) .
3 . . Mitigation.
a) On- and off-site emergency response procedures
a ..will be implemented immediately in the event
of a spill, explosion, fire, or, any other
accident (DEIR, p. S-11, 6) .
b) The Applicant shall submit a Site Services and
Utilities Plan to CCDD and agencies concerned,
including West County Fire District, for
approval. The plan shall include a Fire Pro-
tection Component comprising a training
program for all employees. Other requirements
shall be installation of fire extinguishers
throughout the Project site, prohibition on
smoking., except in designated areas, fire
district permits to comply with fire code
requirements, designation of emergency equip-
ment access points and routes, and payment of
one-time development fees to West County Fire
. .District (Conditions of Approval, Sections
2 . 3 .2-.8) .
C) The Applicant will help fund, on an equitable
basis, County Environmental Health Division
personnel, training, and equipment necessary
to assure an adequate level of emergency
response services (DEIR, p. S-11, 6) .
4 . Findings.
Based upon the EIR and the .entire record, this
Board finds that:
a) The use of the Applicant's trained personnel
in the event of an on-site emergency will
reduce the need for emergency response
services and the impacts to an insignificant
level.
b) The inclusion of fire control measures,
emergency equipment, contingency plan, ' the
payment of development fees to the fire
district, and the Applicant's participation in
and. funding of the County Environmental. Health
Division program, will reduce the impacts to an
23
insignificant level.
C) Any emergency services impacts which remain,
despite the mitigation measures, are
overridden and - outweighed by the
environmental, public health, economic,
social, and other benefits of the Project, as
more fully stated in Section XII (Statement of
Overriding Considerations) below.
G. Traffic and Transportation
1. Impacts.
a) Accidents involving hazardous waste spills
would potentially increase (DEIR, p. S-12,
7 [a] ) -
b)
[a] )b) Truck accidents at or near the site due to
truck access/ egress and turns at the Goodrick
Avenue/Parr Boulevard intersection would
potentially increase (DEIR, p. 5-12, 7 [b] ) .
2 . Facts
a) Total truck trips carrying hazardous materials
to and from the Project site would be about 22
per day. Other traffic added to the streets
by the Project would be about 35 vehicle trips
(DEIR, p. 4-78, I.B. 1) .
b) Erickson will accept household hazardous waste
from persons delivering directly to the
facility. Deliveries will be accepted 6 days
a week (Monday through Saturday) , as well as
up to 6 Sundays per year. It is estimated
that at peak, 15 to 20 vehicle trips per hour
would be generated when households bring their
hazardous materials to the Project site for
disposal. These trips are not expected to
occur during peak commute hours.
C) The current lane configuration of the Goodrick
Avenue/Parr Boulevard intersection is not
capable of handling the increase in traffic
due to the Project. (DEIR, p. 4-82 , I.B. 3) .
. 3 . Mitigation.
a) Off-site emergency response procedures are
developed in the Project contingency plan and
would be implemented (DEIR, p. S-12 , 7 [A] ) . "
24
b) A left-turn lane, approximately 100 feet long,
and through-traffic lanes will be .required on
Parr Boulevard at Goodrick Avenue. The
Applicant is to fund this improvement,
including an equitable portion to signalize
the intersection, if necessary (Conditions of
Approval, Section 24 .8) .
-c) Trucks going to and from the Project site must
use the Richmond Parkway. The Applicant must
stipulate such routing in his contracts with
generators and haulers of hazardous waste and
not allow truck haulers to access the site via
Third Street from the south or Parr Boulevard
on the east. In the event of . repeated
violations, a hauler would be removed from the
facility's approved list of haulers
.(Conditions of Approval, Sections 23 . 6-. 7) . ,
4 . Findings.—
Based upon the EIR and the entire record, this
Board finds that:
a) Emergency response procedures used to handle
off-site hazardous material spills would
reduce the impacts of accidents to an
insignificant level.
A, b) The requirements that .a prescribed route be
used by haulers and that improvements be made
to , the Goodrick Avenue/Parr Boulevard
intersection would reduce the hazard of
accidents.
c) Any traffic and transportation impacts which
remain;,' despite the mitigation measures, are
overridden and outweighed by the
environmental, public health, economic,
social, and other benefits of the Project, as
more fully stated in Section XII (Statement of
Overriding Considerations) below.
H. Noise
1. Impacts.
a) Construction noise would affect residents for
a short time (DEIR, p. S-12, 8 [a] ) .,
b) Noise from operations such as drum crushing,
on-site truck movement, pumps, and fans would
25
affect nearby residents especially during
ogcasional night-time operation (DEIR, p. S-
12, 8 [b] ). .
2 . Facts.
a) Construction noise will be temporary and will
occur during specific construction activities
(DEIR, p.. 4-87, I.B) .
b) Facility operation will increase the, exterior
noise levels at the nearest receptor, points
(the Miyamoto residence) by 9 decibels,
resulting in the exceedance of the FHWk noise
abatement criterion of 67 dBA (DEIR•, p. 4-88,
3 . Mitigation.
a) To mitigate construction-related noise,
construction time will be limited to the hours
of 7: 00 a.m. to 7: 00 .p."m. , .5 days per week.
Exemptions to this may be granted by the
Director of Community Development for specific
times for a. demonstrated cause (Conditions of
Approval, Sections 24 . 1-.2) .
b) To reduce noise impact at the point of
concern, the Applicant will build ' an
acoustical fence (with no holes) along the
property line adjacent to. the Miyamoto
residence at 2551 Goodrick Avenue The need ,
to establish such a barrier will 'disappear"
should the residents elect to have their
property acquired by the Applicant (DEIR, , p.
S-12, 8 [b] ) .
C) The Applicant will provide operation equipment .
and vehicles operating on site with the best
available noise-suppressing equipment to
minimize sound generation. The Applicant will
require waste-handling . vehicles using the
facility to be equipped with factory-approved
noise-suppressing equipment (Conditions of
Approval, Section .16.4-:5) .'
d) . If. determined to be necessary and practicable,
the Applicant will, upon request, participate
in the future funding of. sound walls at
appropriate locations along the hauling route
(Conditions of Approval, Section 16. 7) .
26
4. Findings.
Based upon - the EIR and the entire record, this
Board finds that:
a) The use of noise-suppressing equipment,
x restrictions on the hours of construction, and
construction of an acoustical fence adjacent
to .the nearest receptor will reduce the noise
impacts to an. insignificant level.
b) Any construction or operational noise impacts
which remain,; despite the mitigation measures,
are overridden and outweighed by the .
environmental,, public health, economic,
social, and other benefits of the Project, as
more fully stated in Section XII (Statement of
Overriding Considerations) below.
I. Cultural Resources
1. Impacts.
a) Project-related earthwork/excavation could
encounter buried cultural resources or human
remains (DEIR,;' p. S-13 , 9) .
2 . Facts.
t'
a,) A strong probability .exists that undetected
midden or human remains may be buried beneath
the site because it is located near San Pablo
Creek which is a , perennial stream. Such
stream environments were favored by
prehistoric peoples for habitation (DEIR, p.
4-90, I.A) .
3 . Mitigation.
a) Prior to any site grading or subsurface work,
a seriesof exploratory backhoe test trenches
will be carefully excavated at the site under
the direction of an ' archaeologist.
Alternatively, an archaeologist will monitor
mechanical - excavation of any Project-
associated subsurface features (DEIR, p. S-13 ,
9)
b) The Applicant shall cease work in the
immediate areaif buried human remains or
archaeological feature's (e.g. , petroglyphs)
are uncovered during construction or operation
27
(DEIR, p. S-13 , , 9) . Work in the immediate
area shall cease until a qualified
archaeologist is consulted and approves
resumption of work. . Should human remains 'of
possible Native American origin be encountered
during the Project, the County Coroner's
Office shall be , contacted pursuant to the
procedures in the Health and Safety Code. The
CCDD shall also be notified (Conditions -of
Approval, Section 21.2) .
c) The Applicant shall subject any culturally
significant. sites discovered during
construction to detailed significance
evaluations. These investigations shall be
conducted by qualified professionals in East
Bay prehistoric studies. If any site is found
to be significant, the Applicant - shall
implement the following mitigation measures:.
i) Avoidance of the site through
modification of the Project footprint or
related facilities that would allow. for '
the preservation of the resource in its
present location.
ii) If the site cannot be preserved through
avoidance, data recovery through
excavation shall take place. The
excavation shall be accomplished by a
qualified professional.
If subsurface testing reveals no associated
cultural deposits and the sites are determined
to be isolated bedrock .milling. sites, then
mitigation can be limited to the photographing
and drawing of the features prior to their
destruction (Conditions of Approval, Section
21.4) .
4 . Findings.
Based upon the EIR and the entire record, this
Board finds that:
a) Mitigation measures including exploratory
trenching or monitoring during construction,
and procedures to be adopted in the event of a
discovery will reduce the potential for
impacts to ' cultural resources to an
insignificant level.
28
b) Any cultural resource impacts which remain, ,
despite the mitigation measures, are
overridden and outweighed by the
environmental, public health, economic,
social, and other benefits of the Project, as
more fully stated in Section XII (Statement of
Overriding Considerations) below.
J. Aesthetics
No significant but mitigable impacts on aesthetics were
identified. Impacts on aesthetics are discussed in
Section VI (Findings Regarding Insignificant Adverse
' Impacts) below.
K. Public Health and Safety
1. ' Impacts.
a) Residents nearest to the Project site would
face increased carcinogenic risk due to
facility operation (DEIR, p. S-14 , 11) .
2. Facts.
a) A Health Risk Assessment evaluated the
carcinogenic risk of about 5 in a million for
the nearest residence (2551. Goodrick Avenue)
on the basis of controlled emissions from
normal operations (Risk Analysis for Hazardous
Waste Transferf Treatment Facility Proposed by.
Erickson, Inc. , March 2, 1988) .
- _ 3 . Mitigation.
a) Persons at risk will be notified. The
Applicant shall make every effort to purchase
the property located, at 2551 Goodrick Avenue
at fair market price. If the_ property owner
agrees to relocate, the Applicant will acquire
the property, and put it to nonresidential use
or use it as a buffer zone (DEIR, p. S-14,
11) .
b) The Applicant will make a good faith effort to
immediately notify CDHS, BAAQMD, and CCDD of
any changes or proposed changes, which the
. Applicant becomes. .aware of in land use within
the surrounding area that may affect the
validity of the Health Risk Assessment. If
new or additional studies or measures are
needed, the Applicant will fund these
29
(Conditions of Approval, Section 19.16) .
4. Findincts.
Based upon the EIR and 'the entire record, this
Board finds that:
a) If the property is acquired, the Applicant
will be able to ensure that the property will
not subsequently be used for residential
purposes or put to other sensitive uses, and
public health impacts will be reduced to an
insignificant level,
b) Any public health and safety impacts which
remain, despite the mitigation measures, are
overridden and outweighed by the
environmental, public health, social,
economic, and other benefits of the Project,
as more fully stated in Section XII (Statement
of overriding Consideration) below.
L. Enemy Use
No significant but mitigable impacts on energy usage were
identified (DEIR, p. S-14, 12) . Effects of the Project
on energy usage are discussed in Section VI (Findings
Regarding Insignificant Adverse Impacts) below.
VI. FINDINGS REGARDING INSIGNIFICANT, ADVERSE IMPACTS
A. Air 4uality
1. Impacts.
Air quality will be affected by vehicular
emissions, construction equipment emissions, and
dust generation during excavation/ earthwork (DEIR,
pp. S-141 -15, 1 (a-c] ) .
2 . Facts.
Construction activities would be short term (DEIR,
p. 4-5, II.B) .
3 . Mitigation.
Vehicles and equipment will be fitted with legally
required emission control devices, which reduce
emissions to an acceptable level .
Excavated/exposed soil will be sprayed daily with .
water to control dust generation (DEIR, pp. S-14, -
30
�� 'D �
.15, 1) .
4: Findings.
Based upon the EIR and the entire record, this
Board finds that:
a) This impact of the Project, while unavoidable,
is not significant.
b) To the extent that this. impact `of the Project
is not significant, the environmental,
economic, social, and other benefits of the
Project `override this impact, as more fully ;
stated in Section XII (Statement of Overriding "
Considerations) below.
B. Geology. Soils, Seismicity
1. Impacts.
Disturbed soils would be eroded during or after
earthworks (DEIR, p. S-15, 2) .
2 . Facts.
The site terrain is almost flat (DEIR, p. S-15, 2) .
3 . Mitigation.
i
No mitigation is recommended (DEIR, p.. S-15, 2) .
4. Findings.
Based upon the EIR and the entire record, this
Board finds that:
a) This impact of the Project is not significant.
b) To the extent that this impact of the Project
is not insignificant, the environmental,
economic, social, and other benefits of the
Project override this impact, as more fully
stated in Section XII (Statement of Overriding
Considerations) below.
C. Water Resources
1. Impacts.
The Project will. involve the consumptive use of
water (DEIR, p. S-15, 3) .
31
2 . Facts.
Average daily consumption will be 2000 gallons
(DEIR, p. S-15, 3) .
3 . Mitigation.
No mitigation is necessary (DEIR, p. S-15, 3) .
4. Findings.
Based upon the EIR and the. entire record, this
Board finds that:
a) This impactof the Project, though
unavoidable, is insignificant.
b), To the extent that this impact of the Project
is not significant, . the environmental,
economic, social, and other benefits of the
Project override this impact, as more fully
stated in Section XII (Statement of Overriding
Considerations) below.
D. Biological Resources
1. Impacts.
Construction on the site could affect biological'
resources (DEIR, p. S-15, 4)..
2 . Facts.
The site has been previously cleared and used for
agriculture, and is currently largely compacted
earth (DEIR, p. S-15, 4) . The site has little
biological resource value (DEIR, p. 4-42, I.A) .
3 . Mitigation.
No mitigation is necessary (DEIR, p. S-15, 4) .
4 . Findincfs.
Based upon the EIR and the entire record, this
Board finds that:
a) Construction of the Project would not affect
any biological resources on the site.
Impacts, if any, would be insignificant.
b) To the extent that these impacts of the
32
Project are not insignificant, the
environmental, economic, social, and other
benefits of the Project override these
impacts, as more fully stated in Section XII
(Statement of Overriding Considerations)
below.
E. Land Use
1.
Impacts.
The Project would change the current use of the
site from vacant to heavy industrial (DEIR, p. S-
15, 5) .
2. Facts.
The Project would be another industrial use in an
existing industrial area (DEIR, .p. S-15, 5) .
3 . Mitigation.
No mitigation is necessary (DEIR, p. S-15, 5) .
4 . Findincfs.
Based upon the EIR and the entire record, this
Board finds that: -
a) This impact of the Project is not significant
given that industrial uses exist near the
site.
b) To the extent that this impact of the Project
is not insignificant, the environmental,
economic, social, and other benefits of the
Project override this impact, as more fully
stated in Section XII (Statement of Overriding
Considerations) below.
F. Public Services and Utilities
1. Impacts.
The Project will involve :the consumptive use of
water (discussed at C above) and electricity, and
will place a demand on the services of West Contra
Costa Sanitary District (WCCSD) for disposal of
wastewater, and the services of a . municipal
landfill and a hazardous materials disposal
facility (DEIR, p. S-16, 6) .
33
2 . Facts.
The Project will use 300 kilowatt-hours of
electricity per day. It will generate 4 cubic
yards per week of solid waste, 10, 000 tons of.
residual hazardous waste per year, and will need to
dispose of up to 20, 000 gallons of wastewater at a
time to a sewer (DEIR, p. S-16, 6) .
3 . Mitigation.
a) No mitigation is necessary for the demand
created by the Project for electricity and for
the disposal of solid waste (DEIR, p. ` S-16,
6) .
b) Wastewater shall be disposed of under permit
from WCCSD, and the Applicant is required to
ensure that the wastewater meets the quality
requirements of WCCSD(DEIR, p. S-16, 6) .
c): The Applicant shall dispose of the residual
hazardous waste in accordance with federal and
California regulatory requirements (DEIR, p.
S-16, 6) .
4 . Findings.
Based upon the EIR and the entire record, this
Board finds that:
a) The above-named impacts of the Project on
public services and utilities, while
unavoidable, are not significant.
b) To the extent that these impacts of the
Project ' are not insignificant, the
environmental, economic, social, and other
benefits of the Project override these
impacts, as more fully stated in Section XII
(Statement . of Overriding Considerations)
below.
G. Traffic and Transportation.
1. Impacts. .
The Project will contribute to the increase in
local traffic (DEIR,. p. S-17, 7) .
2 . Facts.
34
a) About 57 vehicle trips per day, 6 days a week,
will be generated. In addition, a peak of up
to 20 vehicle trips per hour would be
generated by those disposing household
hazardous waste at the facility.
b) Critical intersections in the Project vicinity
do not have any capacity constraints currently
(DEIR, p. 4-75, I.A.4) .
3 . Mitigation.
Mitigation measures listed in Section V.G.3 of
these findigs, with respect to traffic safety
impacts will also provide mitigation for the
traffic impact listed at 1, above.
4 . Findings.
Based upon the EIR and the entire record, this
Board finds that:
a) This impact of the Project, while unavoidable,
is not significant.
b) To the extent that this impact of the Project
is not insignificant, the environmental,
economic, social, and other benefits of the
Project override this impact, as more fully
stated in Section XII (Statement of Overriding
Considerations) below.
H. Noise
1. Imp.
The Project-related vehicular traffic would cause a
small increase in community noise levels (DEIR, p.
S-17, 8) .
2 . Facts.
Vehicular movement is an integral part of the
Project and is unavoidable. Certain residences in
the Project vicinity are nonconforming uses of the
land.
3 . Mitigation.
No mitigation measure is recommended (DEIR, p. S-
17, 8) .
35
4.. Findings.
Based upon the EIR and "the entire record, this
Board finds that:
a) This impact, while unavoidable, is
insignificant.
b) To the extent that this impact of the Project
is not insignificant, the environmental,
economic, social, and other benefits of the
Project override this impact, as more fully
stated in Section XII (Statement of Overriding
Considerations) below. .
I. Cultural Resources
No insignificant adverse impacts of the Project on
cultural resources are anticipated (DEIR, p. S-17, 9) .
Significant impacts which can be avoided•.. or mitigated
have been discussed in Section V.
J. Aesthetics
1. Impacts.
a) The construction of the Project would modify
existing visual characteristics (DEIR, p. S-
18,, 10[a] ) .
b) Glare from high-pressure lamps to illuminate
the Project for security andnight operations
would affect nearby streets and residences
(DEIR,. p. S-18, 10[b) ) .
2 . Facts.
a) Landscapes comprising the site and adjacent
properties. are rated as having low scenic
quality. View sensitivity is expected to be
low to moderate for views of the site from
several viewpoints. (DEIR, p. 4-105, I.A) .
b) - County . General Plan policy 3d on visual
resources requires that development proposals
be assessed by County agencies as to whether
these developments would promote physical and
psychological well-being of all . affected.
County General Plan policy 3e requires
industrial and other properties to be designed
and landscaped to provide visual buffers
between incompatible uses.
36
3 . Mitigation.
a) The Applicant shall prepare and implement a
Site Landscaping Plan, which will be first
reviewed and approved by CCDD. A Landscape
Maintenance Program will be a part of this
Plan.
b) The perimeter of the Project shall be
landscaped with fast-growing trees/shrubs to
form a visual screen along the streets (DEIR,
p. S-18, 10[a] ) .
c) Redwood slats shall be inserted in the chain-
link fence along the streets to block the view
until the vegetation screen is fully
established (DEIR, p. S-18, 10[a] ) .
d) The Applicant shall add landscaping behind
office/laboratory to soften hard-edge
appearance of the structures .when viewed from
the residence at 2551 Goodrick Avenue (DEIR,
p. S-18, 10[.a] ) .
e) The Applicant shall 'install directional
shading on all outdoor lamps to shield
adjacent streets and residences from the glare
(DEIR, p. S-18, 10[b] ) . Security and entrance
lighting shall be dimmed at 8 : 30 p.m. If
operating hours are . changed, Director of
Community Development may specify new lighting
,restrictions (Conditions of Approval, Section
17.2) .
4. Findings.
Based upon the EIR and the entire record, this
Board finds that:
a) The Project's impact on visual resources,
while unavoidable, is insignificant. The
vegetative , landscaping for the south and
southeast perimeter of the site will still
allow some visual intrusion, but this residual
impact is considered insignificant.
b) The mitigation measures included in the EIR
will further enhance visual compatibility with
residences, and ensure that the Project meets
the objectives for development described in
the County and Richmond General Plans.
37
EKED ff a
c) To the extent that the impact of the Project
on visual resources is not insignificant, the
environmental, economic; social, and other
benefits of the Project override the impact,
as more fully stated in Section XII (Statement
of Overriding. Considerations). below.
K. Public Health and Safety
No insignificant adverse impacts of the Project on public
health and safety were identified (DEIR, p. S-18, 11)
Project impacts on public health and safety are discussed
in Section IV (Findings Regarding Unavoidable Significant
Effects). and Section V (Findings Regarding Potentially
'Significant Impacts Which Can Be Avoided or Substantially
Lessened by Incorporation of Mitigation Measures) .
L. Energy Usage
Project impact on energy usage is discussed under Public
Services and Utilities, in this .section above.
VII. FINDINGS REGARDING CUMULATIVE IMPACTS
1. Facts.
a) The DEIR discusses the cumulative impacts of
the Project at pages S-1 through S-6. The
DEIR does not identify any cumulative impacts
as unavoidable. The DEIR does not separately.
list any mitigation measures for . cumulative
impacts; but includes numerous mitigation
measures for each of the impacts which is
discussed in the cumulative impact analysis.
b) The DEIR states that several impacts of the
Project are potentially significant when
considered with other approved, planned and
reasonably foreseeable projects. These are
traffic impacts, and effects on emergency
response capabilities.
C) The DEIR also states that noise, and public
health and safety effects of two. other
projects could combine to cause significant
impacts, irrespective of whether the Erickson
Project is approved.
2 . Findings.
Based upon the EIR and the entire record, this
Board finds that:
38
a) Significant cumulative traffic and emergency
response impacts of the Project, when combined
with other projects, will be mitigated to a
less-than-significant level by the adoption of
mitigation measures as referenced on DEIR
pages S-5 and S-S. For traffic, the impact
will be mitigated by completion of . the
Richmond Parkway, which will allow Project
related traffic to avoid routes near the other
projects. For emergency response
capabilities, one . other project that is to
handle hazardous materials should also be
required to make an equitable contribution to
improve the preparedness of emergency response
agencies. '
b) To the extent that any cumulative impacts
remain, despite the mitigation. measures as set
forth above in these Findings, those
cumulative impacts are overridden and
outweighed by the environmental, public
health, economic, social, and other benefits
of this Project,. as more fully stated in
Section XII (Statement of Overriding
Considerations) below. .
VIII. FINDINGS REGARDING IRREVERSIBLE IMPACTS
1. Facts.
a) The DEIR _ lists a number of irreversible
environmental impacts in Section 7. 0. The
impacts described in the EIR as irreversible
are (i) low energy usage, and (ii) small area
of land to be utilized.
b) The EIR states that the only foreseeable
significant irreversible impact is that which
may result from, any accidental spill of
hazardous materials during an accident. Such
a spill may allow hazardous chemicals to enter
environmentally important ecological habitats,
causing damage to threatened or endangered
biological communities.
2. Findings.
Based upon the EIR and the entire record,: this
Board finds that:
a) Of the impacts listed as irreversible, most.
are .not considered as being significant.
39
b) The irreversible impact of the Project which
is -also listed 'as significant, being the
accidental spill of hazardous chemicals into
an ecologically important habitat, only has a
very slight possibility of occurring. This
Board has ' adopted findings regarding, these
impacts, as set forth above.
c) All irreversible impacts of the Project are
overridden and outweighed by the
environmental, public health, economic,
social, and other benefits of the Project, as.
more fully stated in Section XII (Statement of
Overriding Considerations) below.
IX. FINDINGS REGARDING ALTERNATIVES TO THE PROJECT .
With respect to the scope of alternatives evaluated in the
EIR, this Board finds that the EIR sets forth a reasonable
range of alternatives to this General Plan Amendment, Land Use
Permit, and Project as outlined below.
A. No Project Alternative
This Board finds that the No Project alternative is
infeasible and less desirable than this General Plan
Amendment, Land Use Permit, and Project, and rejects the
No Project Alternative for the following reasons:
a) Currently, the volume of hazardous waste
generated in Contra Costa County is one of the
largest in California. The projected need for
commercial waste management facilities within
"- the county is approximately 200, 000 tons' per
year. Contra .Costa' County has a current
capacity of onl1,000 tons per year. The No
Project alternative would result in the
continued transport of hazardous . wastes
generated within the county .to destinations
outside the county until a facility similar to
that proposed by Erickson is constructed.
This longer haul distance would result in a
greater risk of traffic accidents involving '
hazardous waste carriers.
b), The immediate need for a permanent facility to
accept household hazardous wastes and to treat
other hazardous wastes would go unmet. In
addition, the benefits of recycling oil and
other recyclable materials would also not be
realized.
40
C) The likelihood of illegal dumpings would
increase under the No Project alternative, ,as
hazardous waste generators within the county
would be faced with much higher transport
costs to haul their waste to more distant
approved treatmentjdisposal facilities. This
might encourage illegal dumping of hazardous .
waste, which would then result in adverse soil
contamination and possible significant adverse
impacts on air and surface water quality.
d) The No Project alternative would not provide
the County with a facility to accept materials.
from hazardous waste spills.
e) The No Project alternative would not capture
revenues associated with this facility,
resulting primarily from a 10% gross receipts
tax on all nonrecycled hazardous wastes.
These revenues are estimated at $ 500, 000 per
year.
B. Double Facility Throughput
Under this alternative, the volume of hazardous waste
processed by the Project, at the proposed site, would
double, based on a two-shift per day operation (i.e. ,
adding' a full-time second shift-) . The actual types ' of
waste are assumed to remain proportionately similar ,to
that currently proposed.
This Board finds that the Double Facility Throughput
Alternative may be feasible, and at least as desirable as
- the. Applicant's proposed Project. For the Board to
further consider this alternative, the Applicant would
have to submit a revised application, and obtain permits
from BAAQMD and California Department of Health Services
(CDHS) . A separate CEQA . review would have to be
conducted by the County. The Board has the following
reasons for its findings:
a
a) If the proposed facility throughput were
doubled, a ' likely increase in emissions and
health. risk would result. This would require
a thorough review by the Bay Area -Air -Quality
Management District.
b) ` Impacts pertaining to soils and geology would
remain the same as - the currently proposed
Project, as would. biological resource and
cultural resource impacts.
t
41
E7MJ i f f 8
c) Surface water and groundwater impacts would
also • be the same. A doubling of wastewater
discharge is not expected to significantly
affect the WCCSD's ability to handle
wastewater, in view of the relatively small
volume of the Project's discharges.
d) Land use baseline, impacts and mitigation
recommendations would be the same as those
identified for the proposed Project.,
e). The double-throughput alternative would double
the volume of traffic to and from the site.
As, traffic would flow over 16 hours per day,
instead of 8 under the Project alternative,
the number of vehicles per hour would not be
expected to'' increase. Traffic impacts and
mitigation would be the same as the proposed
Project.
f) Noise resulting from the double-throughput
alternative would expose nearby receptors,
particularly the adjacent residence, to noise
levels that would cause , significant
disturbance. Should this alternative have been
selected, mitigation measures outlined for the
Project should be implemented.
or# g.) A; doubling of throughput would result in a
doubling of utility requirements. These added
water and electricity requirements can be met
readily by .East Bay Municipal Utility District
(EBMUD) and Pacific Gas and Electric Company
-- (PG&E) .
h) The double-throughput alternative would
approximately double the County's revenues
associated with this 'facility, resulting
primarily from a loo gross receipts tax on all
nonrecycled hazardous wastes. These revenues
would increase from $500, 000 to $1 million per
year.
C. Alternative Site
A site evaluation study was conducted to select a
suitable 'alternative site for the Project Site. In view .
of the predicted need for hazardous waste treatment
capacity in the county, possible alternative sites were
limited to within the county boundary. After consid-
eration of eight possible alternative locations, the 11
acre Imperial West Chemical Company (IWCC) facility,
42
located in an unincorporated portion of the county near
the city of. Pittsburg, was selected. This alternative
site was used as a ferrous chloride receiving facility.
Approximately 30,000 tons per year of waste ferrous
chloride was piped from the USS POSCO steel plant
directly to IWCC for processing. Modernization of USS
POSCO, completion in 1989, eliminated the need for
transfer of ferrous chloride to IWCC.
The IWCC site is designated in the County Hazardous Waste
Management Plan as being possibly suitable for a facility
similar to the Project, is designated and zoned for heavy
industrial use.. Thus it conforms with County policies on
hazardous waste facility siting. No land use mitigation
measures would be required. Similarly, traffic related
impacts would not cause any significant incremental
impacts on pavement deterioration or on highway safety,
since the access roads traverse an industrial area. In
almost all aspects, overall, transportation and traffic
impacts would be similar to the ,proposed Project.
Air quality impacts would be similar to those of the
proposed Project site. It is likely that BAAQMD would
impose similar conditions of approval for the alternate
site.
Geohazards at the alternate site have the potential to
cause a rupture of primary and/or secondary containment.
A spill to' soils could contaminate groundwater within 3
days. Further, groundwater flow is significant at this
site, which could allow rapid movement of a spill. Thus
a clay liner or compacted fill layer would need to be
artificially placed below the facility should this site
be selected.
A 100-year flood would inundate the alternate site with
between 6 and 7 feet of water. This could result in a
release of hazardous material into Kirker Creek, an
adverse impact upon biological resources. To prevent
this event, berms would need to be constructed around the
site, and the access road would have to pass over the
berms.
No mitigation measures would be required for noise
impacts, cultural or visual resources, or socioeconomic
impacts at the alternate site.
Currently, the alternative site has three surface
impoundments that occupy 5 acres. Closure of these waste
ponds would have to follow California. regulations, and
would probably involve excavation of the pond liners and
a few feet of soil beneath the liners, followed by
43
l Anl Dl4U A
regrading.
Agency records for the IWCC contained information on a
chlorine gas release, chlorine spill, a, ferric chloride
spill, a storage tank leak, and other environmental
issues. Existing federal law , implies that future
property owners could be liable for (1) contamination by
the previous owner, or (2) contamination that migrates
from neighboring sources onto or under the property.
Given the industrial nature of the 'IWCC site and
vicinity, the risk of occurrence of either of the two
above scenarios could be very high.
This. Board finds that the Alternative Site option is
infeasible and less desirable than this General Plan
Amendment, Land Use Permit, and Project, and rejects the
Alternative Site for the following reasons:
a) This alternative does not reduce environmental
impacts of the Project.
b) This alternative has the potential to cause
significant impacts to surface and ground
water quality, unless effectively mitigated.
C) While this alternative would continue current
use . of the site for hazardous waste
management, cleanup of past activities would
y. first have to be undertaken. The duration of
such cleanup is unknown to this Board.
Cleanup may significantly delay establishment
of an off-site hazardous waste transfer/
treatment facility, similar to that proposed
by Erickson, within Contra Costa County.
d) The County Hazardous Waste Management Plan
shows a major current and future shortfall in
off-site hazardous waste treatment capacity
within the county borders. No application has
been submitted for . establishment of a
hazardous waste transfer/treatment facility at
the alternative site. Denial of Erickson's
application for the Project would not reduce
the shortfall in treatment capacity within the
county, nor would it necessarily encourage
establishment of a similar facility at the
alternative site by either Erickson or another
proponent.
D. Other Alternatives Considered and Rejected
1. Limited Processing Alternative.
44
Under this alternative, only one or two waste types
would be processed at the facility as opposed to
the four waste types proposed by the Project. This
alternative was found not ;;to be effective in
meeting the demand for the wide range of hazardous
waste processing needs within the county, including
wastes from industries and households.
2. Additional- Waste Types Alternative.
Under this alternative, additional types of wastes
(in addition to those under .the Project scenario)
would be processed. Under this alternative,
additional waste types such as infectious wastes
and explosives, would be processed. This
alternative was rejected due to the increased
levels of adverse environmental impacts and risks
associated with the' handling of such materials.
3 . Smaller Annual Throughput Alternative.
Another alternative considered a facility similar
to that proposed by Erickson in terms of the number
of waste types that could be processed, but with a
smaller annual throughput (treatment) capacity. In
view of the large demand for off-site hazardous
waste treatment . capacity within the county, the
smaller facility ' alternative was rejected as it
would not -significantly contribute to the predicted
Shortfall in such treatment requirements.
E. Findings Applicable to All Alternatives
With respect to all alternatives evaluated in the EIR-
this Board adopts the following findings as additional
reasons for approving the Project and rejecting
alternatives to the: Project:
There is a severe shortfall in off-site hazardous waste
transfer/ treatment capacity within the county. On
balance,, the proposed alternatives will not provide
environmental or other benefits that would justify
adopting them rather than the Project. The
environmental, public health, economic, social and other
benefits of the General Plan Amendment, Land Use Permit,
and Project clearly justify its approval rather than any
of the alternatives.
X. FINDINGS REGARDING GROWTH-INDUCING IMPACTS
1. Facts.
45
a) The DEIR discusses the potential growth
inducing effects of the Project on page 8-1.
b) The Project will be located on land .currently
planned for industrial development, and served
by existing roads and utilities.
c) Projections of hazardous waste volumes to be
,generated within the county show a significant
shortfall in treatment and disposal
facilities.
2. Findings..
Based upon the EIR and the entire record, this
Board finds that:
a) The Project will not have a growth-inducing
impact, and such "effects, if any, would be
insignificant. The area around and at the
site is zoned industrial and the industrial
use of this site by the Project will not, in
any way, foster further industrial
development, other than what, is planned for
the .area. . Consequently, there would be no
significant increase in employment, direct or
indirect,. in the north Richmond area due to
the Project.
b) The Project will only alleviate the shortfall
in hazardous waste treatment and disposal
capacity, currently experienced by Contra
Costa County, by a small percentage.
C) In the event and to the extent that the
Project will have any growth-inducing impact,
or to the extent that these impacts are
significant, the environmental, economic,
social, and other benefits of the Project
override and outweigh any such growth-inducing
effects, as more fully stated in Section XII
Y (Statement of Overriding Considerations)
below.
XI. FINDINGS REGARDING RESPONSES TO COMMENTS
1. Facts.
The. Final EIR Response Document contains a complete
copy of the oral comments on the DRAFT EIR made at
the December 12, 1989 public hearing, and the
written comments on the Draft EIR submitted to the
46
County. The Response Document also contains
responses to each of the comments made.
2. Findings.
This Board is not required to 'adopt findings that
each response to a comment in the Final EIR is
adequate. Nevertheless,_ based upon the EIR and the
entire record, this Board finds that responses to
comments in the EIR are adequate and responsive.
XII. STATEMENT OF OVERRIDING CONSIDERATIONS
This Board adopts and makes the following Statement of
Overriding Considerationsregarding the significant and
unavoidable (or potentially unavoidable) environmental impacts.
of this Project, as discussed above, and the anticipated
environmental, public health, economic, social and other
benefits of the General Plan Amendment, Land Use Permit, and
Project.
A. General
This Board finds that, to the extent that any impacts
(including cumulative impacts) attributable to this Land
Use Permit. or to the Project are unavoidable, such
impacts are overridden by, and acceptable in light of,
the environmental, public health, social,, economic and
other overriding considerations set forth herein because
these benefits outweigh any such impacts of this Project.
Specifically, this Board finds that ` the following
environmental, public health, social, economic and other
considerations warrant approval of the General Plan
Amendment, Land Use Permit, and Project, notwithstanding
any unavoidable or unmitigated impacts. This Board finds
that each of the matters set forth below is, independent
of the other matters, an overriding consideration
warranting approval of the Project.
B. The County Has a Need for Commercial Hazardous Waste
Management Facilities
Contra Costa County's Hazardous Waste Management Plan
concluded that the County has virtually no off-site
capacity to treat or dispose of hazardous wastes. The
Plan . found that in 1987, there was a deficiency "of
137, 000 tons, which would rise to over 199, 000 tons by
the year 2000. The proposed Project would help alleviate
this deficiency by 30, 000 tons per year.
C. General ' Plan Amendment and Land Use Permit Will Enable
47
EMI N[ED
Compliance with the Legal Obligations
Federal law 40 CFR Part 268 requires that all hazardous
waste be treated prior to land disposal. Facilities such
as that proposed by Erickson are particularly useful to
small quantity generators who cannot afford the
prohibitive costs of treating their own hazardous wastes.
D. Environmental and Waste Management Benefits
a) The Project would provide a means for
households to dispose of hazardous waste from
their homes.
b) The Project would provide a means for
recycling oil, thereby extending the .use of
nonrenewable resources.
C) The Project would provide a site within Contra
Costa County where emergency response agencies
involved with cleaning up hazardous waste
spills could bring materials from such spills.
E. Overall Economic and Social Benefit to the County
Adequate hazardous waste transfer/treatment capacity is
necessary for continued economic development of the
county, as well as the preservation of existing jobs and
businesses for county residents of all income levels.
The failure to allow for adequate hazardous waste
transfer/treatment capacity would_ adversely affect
existing businesses by making it more difficult to
operate in the county. By providing for such capacity
- - this General Plan Amendment, Land Use Permit, and Project
provides a substantial overall economic benefit to the
county -and its existing businesses and residents.
The all of- adequate hazardous . waste
transfer/treatment capacity also provides a social
benefit to the county and its residents. The provision
of :t,a number of services depends upon a reliable and
assuredsource of adequate and environmentally sound
hazardous waste transfer/treatment, just as existing
businesses and residents dependupon such
transfer/treatment. This General Plan Amendment, Land
Use Permit, and Project .will allow environmentally sound
hazardous waste transfer/treatment capacity for this
county.
F. Other .Environmental Impacts
With respect to any other impacts of the Project, General
48
Plan Amendment, and Land Use Permit which may be (or may
be determined to be) unavoidable adverse impacts,
notwithstanding the conclusions in the EIR that other
impacts are either insignificant or mitigated to a level
of insignificance, this Board finds that the
aforementioned environmental, public health, social,
economic, and other considerations warrant approval of
this General Plan Amendment, Land Use Permit, and
Project.
XIII. FINDINGS REGARDING MONITORING OR REPORTING OF CEQA
MITIGATION MEASURES
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 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 approximately once each year,
beginning on or about the first anniversary of the
approval of these Findings and continuing throughout the
time that the Project is developed and operated pursuant
to this General Plan Amendment, Land Use . Permit, and
additional approvals which may be granted by other
regulatory agencies regarding this Project. 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.
49
EWH o �7 p
D. If any interested party requests it, the report will be
provided to such party in writing.
E. If the Community Development staff or this Board
determines that action is required to ensure that one or
more mitigation measures is 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
by law to apply to this Project) to implement the subject
mitigation measure.
XIV. GENERAL FINDINGS
A. In general, and based upon the EIR and the entire record,
s this Board finds that:
1. There are no changes in the Project subsequent to
preparation of the EIR which require important
revisions of the EIR -due to the involvement of new
significant environmental 'impacts. Those changes
which have been made in the Project are minor,
technical, and do not result in new significant
environmental impacts or impacts of increased
severity.
2 . There are no substantial changes with respect to
"- the circumstances under which the Project will be_
undertaken which would require important revisions
in " the EIR due to the involvement of new
significant environmental impacts.
-- 3 . There is no new information of substantial
importance showing that the Project will have
significant impacts not previously analyzed in the
EIR, impacts which are substantially more severe,
mitigation measures. or alternatives.which are newly
determined to be feasible, or additional mitigation
measures or alternatives not previously considered
which would substantially lessen one or more
significant impacts.
XV. OTHER FINDINGS
A.. Findin4s Pursuant to Contra Costa County Code Chapter
418-4
1. Land Use Permit. Requirements: Chapter 418-4 of the
County Ordinance Code requires disposal facilities
to obtain land use permits. This ordinance
requires the Planning Commission and Board of
50
Supervisors to consider the following factors:
a) The. health, safety, and welfare of the people
of the county: The , Health , Risk Assessment
which was prepared for, and approved by, the
Bay Area Air Quality Management District,
found the maximum individual carcinogenic risk
from the operation facility ranged from 2 ..13
to 5. 0 in .one million. The. 'BAAQMD requires
that facilities with an excess cancer risk 'of
between 1 and 10 in one million apply the Best
Available Control Technology for Toxics. The
toxicological hazards associated with the
noncarcinogenic components of the waste
streams were also evaluated. The Health Risk
Assessment found that there would be no
significant hazard with these exposures. The
staff-recommended Conditions of Approval
include a provision requiring a periodic
reassessment and application of the Best
Available Control Technology. '
b) The orderly development of property in the
county and the effect upon the master plan of
the county: The facility will be located :in
. , an area that is designated for industrial use
in the County General Plan and Zoning
Ordinance. The primary general plan goal for
this area is " . . .to revitalize and expand
industrial and employment related development
in the northern portion of the Project Area in
order that it .may become a productive and
attractive economic . center, providing job
- - opportunities for. community residents and
enhancing the. local tax base" (Redevelopment
Plan for the North Richmond Redevelopment
Project Area, 198.7) .
C) The preservation of property values and
protection of the tax base: The -facility „is
not expected to affect the property values of
the surrounding industrial of residential
uses. The adjacent residential land use (2551.
Goodrick Ave. ) is proposed to be purchased ';by
Erickson Enterprises when the current sells
the property.
The California Health and Safety Code
authorizes the County to assess a fee on the
gross receipts of the facility - with the
exception of those derived from recycling.
This fee is expected to equal $500, 000 per
51
EYE LDJ H A
}
year.
d) The effect on the neighborhood and the
likelihood of . a nuisance being created: The
Project EIR analyzed the potential effects of
noise, odor-, - aesthetics, pollution, and other
environmental factors on adjoining areas and
concluded.that the impacts could be controlled
by compliance with applicable laws,
regulations, permits, and appropriate site
design..
r
B. Findings Pursuant to Contra Costa County Section 26-
2.2048
1. As set forth above, this " General Plan Amendment,
. Land Use Permit, and Project will not - be
detrimental to the health, safety and general
welfare of the county, and will further such
- health, safety, and :general welfare.
2. As set forth above, this General Plan Amendment,
Land 'Use Permit, and Project will not adversely
affect the orderly development of property within
the county.
I. As set forth above, this General Plan Amendment,
Land. Use Permit, and Project will not adversely
affect the preservation of property values and the
protection of the tax base within the county as a
whole.
4 . This Board finds that the General Plan Amendment,
Land Use Permit, and Project will not adversely
affect the policies and goals of the County General
Plan. Without limiting. the foregoing finding
generally, this Board also makes the following
findings;
a) This Land Use Permit and the Project will be
consistent with the land use designation for
the Project Site, pursuant to this General
Plan Amendment.
b). This General Plan Amendment, Land Use Permit,
and Project are hot -required to be consistent
with the proposed amendment and update of the
overall County General Plan, because that
overall ,update has not, been adopted and is not
in effect. Nevertheless, this Project is
consistent with, and will further, the
proposed policy that hazardous waste
52
management facilities necessary to meet the
county's needs -shall be encouraged ' in
. accordance with . adopted criteria, including
the County Hazardous Waste Management Plan'.
5. This Board finds that the Project will not create a
nuisance or an enforcement problem within the
community. The Conditions of Approval ' will
mitigate impacts which would potentially cause
nuisances or enforcement problems., and the County
retains full power to enforce these Conditions ` of
Approval.
6. This' Board finds that this General Plan Amendment,
Land Use Permit, and Project will not encourage
marginal development within the . neighborhood.
7. This Board finds that any special conditions and/or
unique characteristics of the site of this General
Plan Amendment, Land Use Permit, , and Project have
been established within the record.
C. Findings Pursuant to the Hazardous Waste Management Plan
1. County Ordinance 90-73 requires that all land use
permits, variances or other land use entitlements
granted for the operation or expansion of " an
offsite hazardous waste facility shall The
consistent with the portions of the County
Hazardous Waste Management Plan which identify
siting criteria, siting principles or other
policies applicable to hazardous waste fa_cilities. -
2 . The Hazardous Waste Management Plan (HWMP). includes
a "Siting and Planning Principle, " which states
that, " . . each county is responsible for the
disposition of its own 'waste; that is, responsible
for its fair share of waste management. " (HWMP pg-
III-1) According to this Principle, the County and
the cities agree to provide facilities to meet the
commercial hazardous waste management needs within
the County. Currently the commercial waste
management need for businesses within the County''' is
139, 000 tons per year. The current capacity ' of
facilities within the County is 1, 000 tons. This
facility, if approved, would be consistent with the
HWMP Siting and Planning Principle.
3 . The HWMP also includes numerous siting criteria
(e.g. facilities shall not be allowed in
recreational,. cultural or aesthetic areas) . The
Project as proposed is' consistent with all but
53
three of .the siting criteria. They are as follows:
a. "Access to hazardous waste facilities shall be
prohibited through residential areas. Access
can be .allowed on roadways that are adjacent
to residentialareas where residential
frontage is minimized, where there are
physical barriers separating. residences from
the road, or, where there are adequate
residential setbacks from the road." .
b. "For all facilities, road networks leading to
major transportation routes should not pass
through residential neighborhoods, should
minimize residential frontages in other areas,
and should be demonstrated to be safe with
regard to road, design and construction,
accident rates, excessive traffic, etc.
Treatment facilities should be located so as
to minimize distances to major transportation
routes that are designed to accommodate heavy
vehicles. "
C. "Land use permits for hazardous 'waste
facilities shall be subject to periodic review
to determine if any modifications to specified
conditions need to. be made. This will help to
ensure that the facility is 'operated in an
. environmentally sound manner consistent with
the best technology available to the industry
and will remain compatible with adjacent land
uses.
- 4 . This General Plan Amendment, Land Use Permit, and
Project is consistent with the County Hazardous
Waste Management Plan, including the Planning and
Siting Principle and the Siting Criteria.
D. Miscellaneous Findings
1. In addition to the foregoing specific findings,
this Board hereby incorporates into these Findings
by this reference the applicable portions of the
County Staff reports and studies, oral and written
evidence submitted into the record, the EIR, this
Board's resolutions and the Conditions of Approval,
all relating to this General Plan Amendment, Land
Use Permit, and Project.
.2 . This Board intends that the foregoing findings and
determinations be considered as an integrated whole
and, whether or not any subdivision of these
54
Findings cross-references or incorporates by
reference any other subdivision of these Findings,
that any finding and/or determination required or
permitted to be. made by this Board with respect to
any particular subject matter of this General Plan
Amendment, Land Use Permit, and Project shall be
deemed made if it appears in any portion of these
Findings and determinations or in the EIR, or in
any document incorporated into these Findings by
reference. This document in its entirety
constitutes findings and determinations by this
Board whether or not any particular sentence or
clause states such.
3 . . Each and all of the findings contained herein are
based upon competent and substantial evidence, both
oral and written, contained in the entire record
relating to this General Plan Amendment, Land Use
Permit, and Project, including, without limitation,
that evidence presented in hearings on this General
Plan Amendment, Land Use Permit, and the EIR before
the Planning Commission, the Zoning Administrator,
and this Board. The findings and determinations
herein constitute the independent findings and
determinations of this Board in all respects and
are fully and completely supported ,by ,competent and
substantial evidence in the record as a whole.
ephdisc:\eric\ettsfind.wp5
55.
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Monitoring Program for Mitigation Measures and Conditions of Approval for the
Erickson Hazardous Waste.Transfer/Treatment Station
The purpose of this program is to ensure the prescribed mitigation measures are incorporated
into the design, construction, operation, and closure of the Erickson Hazardous Waste
Transfer/Treatment Facility. The mitigation measures, as prescribed in the project Environmental
Impact Report (EIR), are intended.to mitigate the significant environmental effects of the project. The
administration of this program is as follows:
a. The facility operator shall reimburse Contra Costa County for their costs associated
with this Mitigation Monitoring Program. Contra Costa County will bill the facility
operator for costs incurred in a quarterly basis. The facility operator shall provide full
payment within thirty (30) days of.receiving notice. This funding requirement does not
reduce the tax assessment on this facility as authorized by the California Health and
Safety Code.
b. The Community Development Department shall annually report to the Board of
Supervisors on the compliance of the operator with the Conditions of Approval and the
implementation of the Mitigation Monitoring Program.
If any agency does not enact a mitigation program for which it is responsible, Contra Costa County
retains right to enact that mitigation program and assess the cost to the facility operator.
1. RECORDS AND RECORD AVAILABILITY
Purpose:
11 To monitor the quantity of incoming waste.
2) To prevent an increase in public health risk by_ensuring the facility does not exceed its
allocated waste tonnage.
3) To ensure that records are available to the public and to,regulatory agencies.
Measures Conducted by the Facility Operator:
1) Make incoming waste records and inspection reports available and accessible; provide the
public with summaries of inspections and monitoring in a form understandable to the "lay
public". (5.1, 5.2, 5.4, 5.5)
2) Submit quarterly reports on incoming waste quantity to the County Health Services Department
(CHSD). The format of these reports must be approved by the CHSD. (5.3)
Responsible Anency(ies):
1) Lead Agency: CHSD
2) Other Agencies: County Community Development Department (CCDD)
1
� � oD ca
Reguired Agency Resources:
1) Health Department staff and resources to conduct the following:
a) Review the incoming waste reports to compare the quantity of incoming waste with
the waste quantity provisions of the Land Use Permit (LUP).
b) Ensure that the applicant makes records available to agencies and the public as
required by the Land Use Permit.
2) Community Development Department staff and resources to conduct the following:
a) Take action to ensure compliance with the Land Use Permit Conditions of Approval.
Scheduling:
1) Facility operator will submit an incoming waste report to the CHSD once every three months.
Time Period:
1) The duration of facility operation.
2. ELIGIBLE AND INELIGIBLE WASTES
Purpose:
1) To ensure type of incoming waste is consistent with the waste types permitted by the LUP.
2) To prevent an increase in public health risk by ensuring the facility does not accept waste
prohibited by the LUP. ,
Measures Conducted by the Facility Operator:
1) Submit to the CCDD.and the CHSD a waste acceptance program; obtain agency approval.
2) Accept waste according to a procedure approved by the CCDD and CHSD. (6.1 & 6.2)
3) Provide written notification to the CHSD and appropriate agencies of discrepancies between
incoming waste and manifest. (6.33)
4) Admit a maximum of 30,000 tons of hazardous waste to the facility per year. (9.3)
5) Record and characterize the type and amount of incoming waste. Submit waste
characterization reports to the CHSD on a quarterly basis. The format of these reports must
be approved by the CHSD.(6.4)
6) Require waste haulers to provide proof of insurance. Notify the CHSD of uninsured haulers and
ensure that such uninsured haulers do not have access to the facility until proof of insurance
is provided. (6.5)
2
Responsible Agency(ies).
1) Lead Agency: CHSD
2) Other Agencies: CCDD
Required Agency Resources:
1) Health Department staff and resources to conduct the following:
a)' Review the incoming waste reports to compare the type and quantity of incoming
waste with the waste type provisions of the LUP. The format of these reports must
be approved by the CHSD.
b) Notify appropriate agencies of the acceptance of ineligible waste or the acceptance of
waste in excess of the 30,000 ton limit.
2) Community Development Department staff and resources to conduct the following:
a) Take action .to ensure compliance with Land Use Permit Conditions of Approval.
Scheduling:
1) Facility operator submits a incoming waste report (waste type and quantity) to the CHSD once
every three months.
Time Period:
1) Submittal and approval of the waste acceptance program will occur,prior to commencement
of operation.
2) All other measures are effective throughout the duration of facility operation.
3. LOAD INSPECTION
Purpose:
11 To prohibit the acceptance of ineligible waste.
2) To reduce the public health.risk from the improper transport, covering and containerization of .
hazardous waste.
Measures Conducted by the Facility Operator:
1) Submit to the CHSD, the CCDD and the SDHS a waste acceptance program; obtain agency
approval.
2) Inspect all incoming waste loads and inspect the covering and containerization of incoming
loads and vehicles. (7.1 & 7.2)
3
� GJDQUA
3) Hold vehicles with ineligible waste or improper covering and containerization and notify via
telephone the CHSD of ineligible waste loads or improper covering and containerization. (7.2)
Responsible Agencv(ies):
1) Lead Agency: CHSD
2) Other Agencies: CCDD, SDHS
Reguired Agency Resources:
1) Health Department staff and resources to conduct the following:
a) Review and approve (as appropriate) the waste acceptance program.
b) Take appropriate action when notified of a vehicle.with ineligible waste or improper
covering or containerization.
2) CCDD and SDHS staff and resources to:
a) Review and approve (as appropriate) the waste acceptance program.
Scheduling:
1) Facility operator will immediately notify via telephone the CHSD of any violations by waste
haulers.
Time Frame:
1) The submittal and approval of the waste acceptance' procedure will occur prior to
commencement.of facility operation.
2)' All other measures are effective throughout the duration of facility operation.
4. ON-SITE STORAGE
Purpose:
1) To reduce the public health risk from accidental spills, explosions, or release of hazardous
materials.
Measures Conducted by the Facility Operator:
1) Store waste in containers according the to the on-site storage procedure listed in the
Conditions of Approval. (Section 8.1 & 8.6) and all pertinent local, state, and federal
regulations.
2) Operate waste tanks according the tank operation procedure listed in the Conditions of
Approval (Section 8.2) and all pertinent local, state, and federal regulations.
4
3) Inspect and maintain hazardous waste tanks, containers, and other equipment according to the .
procedure listed in the Conditions of Approval (Sections 8.1, 8.2 & 8.5) and all pertinent local,
state, and federal regulations.
4) Manage and remove residual hazardous waste according to federal and California requirements.
(Conditions of Approval, Section 8.3)
5) Pave the Equipment and Container Open Storage Area (Condition of Approval, Section 8.4)
6) Construct protective barriers for hazardous waste as prescribed in pertinent state and federal
regulations. (Conditions of Approval, Section 8.7)
Responsible Agencv(ies):
1) Lead Agencies: CHSD
2) Other Agencies: SDHS, CCDD
Required Agency Resources:
1) State and County Health Department staff and resources to conduct the following:
a) Inspect the storage of hazardous waste and the maintenance of hazardous materials
equipment.
b) Inspect hazardous waste storage records.
c) Review and approve the design and construction of hazardous waste storage areas.
. 2) County Community.Development Department staff to conduct the following:
a) Review and approve the design and construction of hazardous waste storage areas. .
Schedulinsf:—
1) The facility operator will submit final design plans to the CCDD, CHSD, and SDHS for review
and approval.
2) The facility operator will pave the Equipment and Container Open Storage Area during the
construction of the facility.
3) The facility operator will inspect containers, tanks, equipment, and storage areas on a once a
week.
4) County and State Health Department officials will inspect the facility as necessary to ensure
compliance with the requirements for proper storage of hazardous wastes and proper
maintenance of equipment.
5) CHSD-staff will report annually to the Board of Supervisors on the facility operator compliance
with the onsite-storage procedure.
5
FU V LJ Ll l D
Time Frame:
1) The Equipment and Container Open Storage Area will be paved prior to commencement of
facility operation; final design plans shall be approved by the appropriate agencies prior to
facility construction.
2) All.other measures are to be conducted throughout the duration of facility operation.
5. OPERATING PARAMETERS
Purpose:
1) To limit facility operation to normal working hours.
Measures Conducted by the Facility Operator:
.1) Operate the facility according to the time parameters scheduled in the Conditions of Approval
(9.1 & 9.2).
Responsible Aaencv(ies):
1) Lead Agency: CCDD
2) Other Agencies: None
Required Agency Resources:
1) County Community Development staff to verify facility operation occurs within the parameters
listed in Conditions of Approval, Section 9.
Scheduling:
1) CCDD will include the compliance with the permitted hours of operation in the annual report
to the Board of Supervisors.
Time Frame:
1) The measures are to be conducted throughout the duration of facility operation.
6. ADMINISTRATION
Purpose:
1) To ensure that the users of the facility understand and follow the procedures of facility
operation.
2) To ensure the additional public services, programs, and funding generated by the construction
and operation of the facility are provided.
6
Measures Conducted by the Facility Operator:
1) Participate in.the Communication & Information (C&I) Panel. (10.5)
2) Notify potential facility users of facility operating procedures. (10.6)
3) Provide technical assistance for emergency services planning in the West County area and for
hazardous materials/waste planning as requested by public agencies within the County. (10.1 1)
4) Provide assistance to public agencies for public education programs. (10.12)
5) Pay the applicable school development fee as outlined in Government Code Section 53080 et
seq. (10.10)
Responsible Agencv(ies):
1) . Lead Agency: CHSD
2) Other Agencies: CCDD
Required Agency Resources:
1) CHSD staff and resources to conduct the following:
a) Organize and staff the C&I Panel.
b) Review and approve the notification program.
2) CCDD staff and resources to conduct the following:
a) Schedule or review of the Conditions of Approval annually for the first three years, and
every three years thereafter.
Scheduling:
1) The facility operator will submit the notification program, for review and approval, to the CHSD
and CCDD three months prior to commencement of facility operation.
Time Frame:
1) The notification program is to be approved prior to commencement of facility operations.
2) All other measures will occur during throughout duration of facility operation.
7. EMERGENCY PROCEDURES
Purpose:"
1) To protect public health and safety, both on-site and off-site, from hazardous materials and
waste spill, release, explosion, or fire event.
7
REMO A
2) To coordinate and establish the roles of emergency response agencies.
3) To inform local residents and businesses about emergency response procedures.. .
Measures Conducted by the Facility Operator:
1) Prepare an Emergency/Contingency Plan and implement on-site and off-site procedures, as
outlined in the Plan, immediately upon a spill, release, explosion, or fire event. (1 1.1, 11.2, &
11.3)
2) Review, evaluate, and update as needed the Emergency/Contingency Plan after an emergency.
(11.4)
3) Submit the Emergency/Contingency Plan to and obtain agency approval from the SDHS, CHSD,
and CCDD prior to commencement of facility construction. (11.10)
4) Distribute the Emergency/Contingency Plan to the public locations listed in the.Conditions of.
Approval, Section 11.5.
5) Advise facility employees, employees of nearby businesses,and nearby residents of emergency
response and evacuation procedures. (11.6)
6) Compile and update every six months a list of residents, businesses and number of employees
within one-half mile of the facility. (11.7,'11.8, & 11.9)
7) Require hazardous waste haulers to have two-way communication equipment and provide
on-site radio phones or telephones for employee use. (11.11 & 11.15)
8} Fund CHSD personnel,training, or equipment necessary to assure adequate level of emergency
response services for the facility. (11.12)
9) Improve emergency access prior to the commencement of facility operation. (11.14)
Responsible-A4ency(ies):
1} Lead Agency: CHSD
2) Other Agencies: SDHS, CCDD, West County Fire District (WCFD), County Sheriff Department
(CSD).
Required Agency Resources:
1) CCDD staff and resources to conduct the following:
a) Review and approve the Emergency/Contingency Plan and its updates.
2) SDHS, CHSD, and WCFD staff and resources to conduct the following:
a) Review and approve the Emergency/Contingency Plan and its updates.
b) Respond to emergency event at the facility.
8
3) CHSD staff to conduct the following:
a) Ensure that the emergency notification list is prepared and updated.
b) Conduct periodic inspections to verify waste haulers have two-way communication
equipment.
Schedulina:
1) The facility operator will submit for review and obtain approval of the Emergency/Contingency
Plan to the appropriate agencies prior to facility construction.
2) The facility operator will review and update the Emergency/Contingency Plan after an
emergency event. The facility operator will submit, for review and approval, the updated
Emergency/Contingency Plan to the appropriate agencies within 45 days of the emergency
event.
3) The facility operator will update the local resident and business notification list 'every six
months for submittal to the County Sheriff Department.
Time Frame:
1) The Emergency/Contingency Plan will be prepared and approved prior to commencement of
facility operation.
2) All other measures are effective for the duration of facility operation.
8. DEVELOPMENT AND IMPROVEMENTS PLAN
Purpose:
1) To--ensure the facility is designed and constructed according'to local, state, and federal
regulations and standards.
2) To incorporate current public safety measures into the design and construction of the facility.
Measures Conducted by the Facility Operator:
1) Prepare and implement a Development and Improvements Plan. (12.1 & 12.2)
2) Submit, for review and approval the Development and Improvements Plan to the CCDD prior
to the commencement of facility construction. (12.1)
Responsible Aaency(ies):
1) Lead agency:. CCDD
2) Other agencies: CHSD, County Public Works Department (CPWD), BAAQMD,.SDHS and.the
West Contra Costa Sanitary District (WCCSD)
9
'
'
~
`
Reauired Agency Resources:
`
11 C[DD mtaffand resources toconduct 1he-fd|oxvhng:
' m) Review and approve the Development and |rnprovmrnonta Plan.
b> Coordinate the review ofthe Development and |nnprovarnmntm Plan by the other
pertinent agencies.
o) Inspect, the constructed facility for conformance with the Development and
Improve mmntsPlan.
2) StaffondresouronmforthaCHSC\CountyPubUoVVorksDmpa�rnent (CP\�D)/ BAAC}K8 � SDHS
and' e West Contra Costa Sanitary District (ACCSO) to-conduct thehdk/vvinqg;
) Review and approve the Development and Improvements Plan.
b) Recommend anVch changes to Development and Improvements Plan to the CCDD
.
Scheduling:
and P�ntpthm CCDO and
1> The facility operator xviU submit the Development �nn�novennantm
, obtain their opproval prior to construction. ,
2) CC| DwiUmoviavxandnyviue, aoneoesoaq, theDevelopmnont`and |mnprovennentoP|anphorto
facility construction.. -
`
) 'After the facility is
constructed, County Building Inspection staff-will inspect the facility
constructiondesign ofthe facility for conformance with the requirements and standards
of the Development and Improvements Plan. °
`
Time Frame:
1}
These 'm��fecd' adxnnughoutd`e �onatrwodonphase ofthe pn�eot.
.
/
` ^ -
9. SEISMIC STABILITY
.
Purpose:
D To ensure the facility
` will withstand seismic events. (13.1)
2> Toprotect public health and safety during eseismic,event. (13.1)
Measures Conducted by the Facilit� Onerator:
`
1) Design and construct the facility according to koua|' state, and federal seiannh: nsOu|udons and
to withstand a Maximum Credible Earthquake for the site. (13.1 8k 13.2)
�
'2} Have anindependent
' . g\/ redgootechnicm| engineedngfinnpreparethefaoi|itydeuignp\ena.
(13.2) Thu design plans will include a static and dynamic stability analysis of the final
`
10
`
'
'
.
engineering design. (13.3)
3) Inspect the facility for damage following an earthquake. (13.4)
4) Submit facility and site plans to the CCDD for review and approval. (13.5)
5) Incorporate additional safety measures that are mandated during the scheduled land use permit
review.
Responsible Agencv(ies):
1) Lead agency: CCDD
2) Other agencies: CHSD, County Public Works Department (CPWD), BAAQMD, SDHS and the
West Contra Costa Sanitary District (WCCSD)
Required Agency Resources:
1) CCDD staff and resources to conduct the following:
a) Review and approve the facility design and construction.
b) Ensure additional safety measures are incorporated into the design of the facility.,
2) CHSD, CPWD, BAAQMD,,SDHS, and WCCSD staff and resources to conduct the following:
a) Review and approve the design plans for the facility.
-b) Recommend revisions to the design plans for the facility.
Scheduling:
1) The facility design and site plans submitted to the CCDD and approval obtained prior to facility
construction.
2) CCDD will review and revise, if necessary, the Development and Improvements Plan prior to
commencement of facility construction.
3) The facility operator will inspect the facility for damage after every earthquake.
4) The facility operator will incorporate additional safety measures if required to do so during the
annual land use permit review.
Time Frame:
1) All plan reviewplan revisions will occur prior to facility construction.
2) Earthquake inspection measures are to be conducted throughout facility construction and
operation.
3) Additional safety measures can be incorporated during the construction or operation of the
facility.
11
EWADoff a
10. SURFACE WATER AND GROUNDWATER PROTECTION
Purpose:
1) To protect surface water and groundwater bodies from the impacts of facility construction and
operation. (14.1)
Measures Conducted by the Facility Operator:
1) Prepare a Surface Drainage Plan as part of the Development and Improvements Plan. The
facility operator will submit the Surface Drainage Plan to the CCDD, County Flood Control
District, and County Public Works Department for review and approval. 0 4.2)
2) Construct the facility surface drainage system to conform to the requirements of Division 914
(Drainage) of the Subdivision Ordinance. (14.3)
3) Convey all storm water entering or.originating within the subject property, without diversion
and within an adequate storm drainage facility, to a natural watercourse having definable bed
and banks or to an existing adequate storm drainage facility which conveys the storm waters
to a natural watercourse. (14.3)
4) Design and construct storm drainage facilities required by Division 914 in compliance with
specifications outlined in Division 914 and in compliance with design standards of the Public
Works Department. (14.3)
5) Prepare final containment plans for inspection by a qualified engineer to review compliance.
with regulatory requirements. The facility operator will submit the inspection report to the
CCDD for review and approval prior to issuance of a building permit. (14.4)
6) Have all groundwater analyses performed by an independent, SDHS certified laboratory. (14.5)
7) Discharge treated waste water in accordance with permits issued by the WCCSD requirements
or the California Regional Water Quality Control Board. Wastewater that cannot be discharged
shall be managed as a hazardous waste. (14.6)
8) Cover storage wastewater in a manner such that it is not accessible to wildlife. (14.7)
9) Prevent soil contamination from hazardous waste spills with the following actions:
a) Install automatic cutoff devices on all tanks.
b) Avoid the use of open tanks and continuous feed pumps.
c) Design pipes carrying hazardous materials to minimize potential for breakage.
d) Install automatic shutoff controls on pipes that carry hazardous materials and waste.
e) Have and use equipment to contain any spillage that may occur during loading and
unloading.
f) Install spill containment systems for all locations of the facility where hazardous waste
12
and materials will be handled, managed, or stored. This information shall be included
in the Development and Improvements Plan.
g) Construct the spill containment areas to have a volumetric capacity sufficient to
contain precipitation from a 24-hour, 25-year storm plus the volume of the largest
container (tank) or 10 percent of aggregate volume of all containers (tanks) within the
containment area, whichever is greater, plus an additional 25 percent safety factor.
This information shall be included in the Site Design Plan. 0 4.8)
10) Prevent and contain accidental spillage with the following actions:
a) Design and operate spill containment and cleanup measures (see Slope and Seismic
Stability section);
b) Inspect pipelines, tanks, and drum storage areas on a daily basis for spills;
c) Repair pipelines, tanks, and drum storage areas immediately when necessary;
d) Cover all drums during storage;
e) Design the facility to prevent precipitation run-on;
f) Collect and treat trucks and drum wash water;
g) Monitor three on-site groundwater quality wells every 6 months and submit to the
CHSD a report detailing the findings within six weeks of testing.
h) Undertake immediate cleanup measures after a spill to protect surface and
groundwater, shall collect and treat any contaminated water, and shall immediately
notify the CHSD. 0 4.9)
11. Inspect the Transfer/Treatment Station.equipment daily to prevent spills, air emissions, or
leaks. The Transfer/Treatment Station operator shall immediately repair any damaged
equipment. This activity shall be included in the employee training program. The CHSD shall
be notified via telephone of all actual spills, emissions, or leaks. (14.11)
12) Maintain Transfer/Treatment Station equipment in optimum working order. Equipment shall
be shut off when not in use. Maintenance records shall be kept on all pieces of
Transfer/Treatment Station equipment. The records are subject to review by the CHSD.
Equipment shall be stored, serviced, and repaired in a maintenance area designated in the
Development and Improvements Plan and approved by the CCDD. (14.12)
13) Keep all equipment and vehicles clean and wash away hazardous waste residue into the
appropriate collection area or container for proper management. (14.13)
Responsible Agencies:
1► CHSD Contra Costa County Flood Control District (CFCD), Contra Costa Public Works
Department (CPWD), West Contra Costa Sanitary District (WCCSD).
2) Lead Agency: CCDD
13
l�W ll li.11 o ll l! a
Other Agencies: CHSD, CFCD, CPWD, WCCSD
Required Agency Resources:
1) CCDD, CFCD, CPWD, and WCCSD staff and resources necessary to review and approve the
Surface Drainage Plan.
2) CPWD staff and resources necessary to review and approve the construction of the facility
surface drainage system.
3) CCDD'staff and resources necessary to review and approve the engineer's inspection report
of the Final Containment Plans.
4) WCCSD or California Regional Water Quality Control Board staff and resources necessary to
issue and enforce the Wastewater Discharge Permit.
5) CHSD staff and resources necessary to review the bi=annual groundwater test report.
.Scheduling:
1) Every 6 months, the facility operator will test groundwater quality and a findings report to the
CHSD within six weeks of testing.
21 The facility operator will submit drainage and containment plans and obtain approval from
Contra Costa County prior to the commencement of facility construction.
3). On a daily basis, the facility operator will inspect pipelines, tanks, and drum storage areas for
spills.
Time Period:
1) The review and approval of plans are to be conducted prior to construction.
2) All-other measures are to be conducted throughout the duration of facility operation.
11. AIR QUALITY PROTECTION
Purpose:
1) To prevent facility operation from deteriorating surrounding and regional air quality.
2) To ensure Transfer/Treatment Station operator complies with the terms of the Authority to
Construct/Permit to Operate entitlements issued by the Bay Area Air Quality Management
(BAAQMD). 0 5.1)
Measures Conducted by the Facility Operator:
1) Control emissions with the following methods:
a) Equip solvent and gasoline/water storage tanks (sources 1, 2) with vapor return lines;
14
b) Equip solvent, gasoline/water, and organic/oily storage tanks (sources 1-6) with
vacuum/pressure relief valves;
c) Vent solvent, gasoline/water, and organic/oily storage tanks (sources 1-6) emissions
through carbon absorption units;
d) Enclose and vent (to carbon absorption units) oil/water separator (source 9), sludge
dewatering unit (source 10) and central pumphouse.
e) Inspect and monitor for leaks on a daily schedule; and
f) Conduct immediate repairs on leaks. If immediate repair is not possible, and the
operator wishes to continue operations, the operator must notify and obtain approval
from the CHSD and the BAAQMD. (15.3)
2) Evaluate the Best Available Control Technology (SACT) in terms of its ability to reduce air
emissions and reduce the cancer and other health risks associated with the Transfer/Treatment
Station facility operation. The Treatment/Transfer Station operator shall submit a detailed
report of the analysis of BACT to the CCDD. If required by CCDD, the operator shall apply the
BACT. (15.4)
3) Operate the Transfer/Treatment Station in a manner that prevents odors from being detected
off-site. If odors are reported to the CHSD, or reports are relayed from the BAAQMD, and the
source of the odor.is confirmed to be the.Transfer/Treatment Station, the CCDD may require
additional physical improvements or management practices, as necessary, to alleviate the
problem., If odors are detected in surrounding areas, complaints shall be logged by a
Transfer/Treatment Station 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. The CHSD shall have the authority to cease operations of
all or part of the facility to control odors. (15.5)
4) Inspect the Transfer/Treatment Station equipment daily to prevent spills, air emissions, or
leaks. The Transferf.Treatment Station operator shall immediately repair any' damaged
equipment. This activity shall be included in the employee training program. The CHSD shall
be notified via telephone of all actual spills, emissions, or leaks.(14.11)
5) Maintain and operate motorized Transfer Station equipment to assure maximum fuel efficiency
and maintain all other Transfer/Treatment Station equipment in optimum working order.
Equipment shall be shut off when not in use. Maintenance records shall be kept on all pieces
of Transfer/Treatment Station equipment. The records are subject to review by the CHSD.
Equipment shall be stored, serviced, and repaired in a maintenance area designated in the
Development and Improvements Plan and approved by the CCDD. (15.7)
6) Undertake immediate cleanup of on-site accidental spills or transfer-related spills. (15.8)
7) Obtain the applicable permits from the BAAQMD and the SDHS to operate a Transportable
Treatment Unit (TTU). The Transfer/Treatment Station operator shall not simultaneously
operate a TTU and its corresponding stationary units. The Transfer/Treatment Station operator.
shall obtain an individual BAAQMD permit for each TTU. (15.9)
8) Operate a TTU only under the following circumstances:
15
a) To maintain treatment capacity during periods when installed equipment is inoperable
due to repair or scheduled maintenance;
b) To provide additional treatment capacity during short-term periods when equipment
installed on-site cannot meet peak treatment demand - such as in an emergency
situation where a significant volume of hazardous waste resulted from a major accident
at a large operation situated within the County.(15.10)
9) Immediately notify the BAAQMD's Enforcement Division in the event of an accidental release
of hazardous materials in excess of the reportable quantity. (15.11)
Responsible Agencies:
1) Lead Agency: BAAQMD
2) Other Agencies: CCDD, CHSD, SDHS
Required Agency Resources:
1) BAAQMD staff and resources to conduct the following:
a) Issue and enforce.the Authority to Construct and Permit to Operate entitlements.
b) Inspect the emission control and odor containment equipment to verify compliance with
BAAQMD standards.
c) Review and approve the_use of BACT at the facility.
d) Issue and enforce TTU permits for the facility.
e) Conduct any other measures necessary to monitor the BAAQMD mitigation program.
2) CCDD and CHSD staff and resources to conduct the following:
a) Review future BACT reports.
b) Review the, facility equipment maintenance records.
c) Take necessary actions to control odors.
Scheduling:
1) The facility operator will inspect emission control and odor equipment on a daily basis.
2) The facility operator will evaluate BACT every 5 years.
3) BAAQMD will conduct facility inspections according ,to the provisions of its mitigation
monitoring program.
4) Prior to facility commencement of operation, CCDD will inspect the facility for compliance with
emission control and odor containment requirements.
16
Time Period:
1) All permits must be reviewed and approved prior to facility construction.
2) TTU permits must be approved prior to TTU operation.
3) Emission control and odor containment measures will be conducted for the duration of facility
operation.
12. NOISE CONTROL
Puroose:
1) To manage the facility in a manner that minimizes noise impacts to area residents.
Measures Conducted by the Facility Operator:
1) Install noise muffling equipment and housing on drum crushing equipment, on-site trucks,
pumps and fans as necessary to prevent noise impacts on adjacent and nearby residents,
especially during occasional night-time operations. (16.1)
2) Restrict outdoor construction activities to the period from 7:00 a.m. to 7:00 p.m. Monday
through Friday. (24.1)
3) Operate the facility according to the schedule listed in Section 9 of this document and Section
9.1 of the Conditions of Approval. (9.1)
4) Require waste hauling vehicles using the facility to be equipped with factory-approved noise
suppression equipment, including engine compartment insulation. The Transfer/Treatment
Station operator shall request that 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. (16.4)
5) Provide Transfer/Treatment Station vehicles and equipment, during construction and operation,
with the best available noise suppressing equipment to minimize sound generation. (16.5)
6) Construct an acoustical screen (fence) along the property boundary adjacent to the residence
at 2551 Goodrick Avenue. (16.6)
7) Participate in the future funding of sound walls at appropriate locations along the haul route,
if determined to be necessary and practicable to eliminate noise impacts. The amount of
funding shall be set according to the degree or percentage of noise generated by traffic to and
from the facility.. (16.7)
Resoonsible Acencies:
1) Lead.Agency: CCDD
17
EMMU Q
Required Anency Resources: .
1) CCDD staff and resources to conduct the following: ,
a) Inspect the acoustical screens and measure reduced sound levels.
b) Determine if more sound walls are necessary to mitigate noise impacts not revealed in
the EIR.
Scheduling:
1) CCDD staff will report annually to the Board of Supervisors on the facility operator compliance
with noise abatement measures.
Time Period:
1) All construction noise abatement measures will be implemented prior to commencement of
facility construction.
2) All operation noise abatement measures will be implemented prior to commencement of facility
operation.
13. VISUAL QUALITY
Purpose:
1) To provide a .facility that does not negatively 'impact .the visual quality of the surrounding
environs.
Measures Conducted by the Facility Operator:
1) Prepare and implement a Site Landscaping Plan. The developer shall submit the Pian to the
CCDD for review and approval as part of the Development and Improvements Pian. The Plan .
shall minimize the visual impacts of the Transfer/Treatment Station operations and appurtenant
facilities through vegetation and landscape screening. The Plan shall show the plant species,
size, and locations; native and drought-tolerant species shall be used in accordance with
County policy on Water Conservation Landscaping. A landscape maintenance program will be
part of the plan. The Plan shall include.at least the following:
a) Landscaping along the perimeter of the property with fast-growing shrub/trees, to form
a visual screen to viewers along roads.
b) The installation of redwood slats in the chain link fence along roads, to block view until
vegetation screen is established.
c) Landscaping behind the lab and office to soften the hard edge appearance viewed from
2551 Goodrick Avenue. _
d) A landscaping maintenance program. (17.1)
18
2) Design and locate the lighting system to reduce glare and to not substantially impact area
residents. The developer shall install directional shading on all outdoor lamps for night
operation. In addition, focused security lamps with directional shading shall be installed.
Security and entrance lighting shall be dimmed at 8:30 p.m. If the operating hours of the
Transfer/Treatment Station are changed pursuant to the provisions of Condition 9.1, the
Director of Community Development may specify new lighting time restrictions. (17.2)
Responsible Agencies:
1) Lead Agency: CCDD
2) Other Agencies: None
Required Agency Resources:
1) CCDD staff and resources to conduct the following:
a) Review and approve the Site Landscaping Plan.
b) Inspect the facility after construction for to verify that visual quality and lighting
mitigation measures have been implemented and that the Site Landscaping Plan has
been implemented.
Scheduling:
1) CCDD staff will report annually to the Board of Supervisors on the facility operator compliance
with visual quality measures for the first three years and every three years thereafter.
Time Period:
1) The Site Landscaping Plan will be approved the CCDD prior to commencement of facility
construction.
2) Landscaping, fencing, and the lighting system installation will be implemented during facility
construction and prior to commencement of facility operation.
3) Landscaping maintenance will be conducted for the duration of facility operation.
19
EHIMD U a
14. BIOTIC RESOURCES
Purpose:
1} To construct and operate the facility in such a manner that ensures no net loss of significant
habitat, wetland or woodland. 0 8.1)
2) To prevent'habitat contamination from on-site storm runoff or accidental spills. (18.2)
3) To prevent possible effects on nearby plant nursery operations due to organic emissions. (18.3)
Measures Conducted by the Facility Ooerator:
1) Comply with the spill containment measures listed in the Seismic Stability and Surface Water
Protection sections (Sections 9 and 10 above). 0 8.2)
2) Comply with the emission control measures outlined in the Air Quality Section (Section 11
above). 0 8.3)
3) Provide for the immediate cleanup of spilled material, according to the Seismic Stability and
Surface Water Protection sections (Sections 13 and 14 above). 0 8.4)
Responsible Agency(ies):
1) Lead Agency: Same as the agencies responsible for monitoring the measures listed in sections
9, 10 and 11 of this program.
2) Other Agencies: Same as the agencies responsible for monitoring the measures listed in
sections 9, 10, and 11 of this program.
Reciuired Aoencv Resources:
1) Same as the agency resources required for monitoring the measures listed in sections 9, 10 .
and-1-1 of this program.
Scheduling:
1) Scheduling for the Biotic Resources Section will follow the implementation schedules of
Sections 9, 10 and 11 of this program.
Time Period:
1} The time period for the Biotic Resources Section is the time period required for Sections 9, 10
and 11 of this program.
20
15. PUBLIC HEALTH AND SAFETY
Purpose:
1} To ensure the facility operator manages the facility in a manner that does not impair the public
health and safety of persons living in its vicinity, Transfer/Treatment Station users, or
Transfer/Treatment Station employees.
Measures Conducted by the Facility Operator:
1) Comply with all design measures, safety precautions and emergency response procedures, as
required by federal, state, and local laws and regulations; federal, state, and local agencies;
the Comprehensive Project Description, and these Conditions of Approval. (19.2)
2) Ensure that employees are equipped with safety equipment, such as'safety glasses, hard hats,
safety shoes, gloves, coveralls, and noise reducers throughout the facility as.required by state
and federal safety agencies and the CHSD. (19.3)
3) Develop and implement training and subsequent refresher training programs covering accident
prevention, safety, emergencies and contingencies, damaged or faulty equipment detection,
spill or leak detection, identification of hazardous materials and ground fissures, first aid, and
instruction in the use of equipment. The Employee Training programs shall obtain the approval
of the CHSD and meet all requirements of federal O.S.H.A.'s 29 CFR ,1910.120, prior to
commencing operation. (19.4)
4) Provide and maintain first aid supplies located in easily accessible areas. The supplies.shall be
consistent with the Occupational Safety and Health Administration requirements and subject
to the approval of the CHSD. (19.5)
8} Provide facilities for emergency eye baths and emergency showers. The facilities shall be
located according to state and federal O.S.H.A. requirements subject to the"approval of the
CHSD. (19.6)
6) Prepare and implement an equipment maintenance program which shall be approved by the
CHSD prior to the commencement of operations. The program shall address vehicles and
treatment equipment stored on the site. See Section 14, item 12 of measures conducted by
facility operator (19.7).
7) Prepare and implement a Vehicle and Equipment Inspection Program which shall be submitted
to and approved by the CCDD. Vehicles and equipment shall be regularly inspected and
cleaned to reduce the risk of fires, spills, and leaks. (19.8)
8) Inspect incoming loads according to the Load Inspection section (7) of this program. (19.9)
9) Review Transfer(Treatment Station designs and Contingency Plans prior to construction, to
allow improvements to be incorporated. (19.10)
10) Staff the facility, with personnel trained in emergency procedures, 24-hours a day to allow
early detection of emergencies during non-operating hours. (19.11]
11) Provide appropriate emergency clothing available throughout the facility. (19.12)
21
� �D �i
12) Pay the legitimate medical cost for residents or workers of the area to receive medical care for
impacts which could have been caused by an emergency event at the facility. The CHSD shall
determine when such an emergency event that could require medical care has occurred.
(19.13)
13) Provide transportation or :reimbursement for transportation costs, -upon request, for
workers/residents of the surrounding area to Brookside Hospital, to any county medical facility
or to their,physician within the Bay Area for an initial medical visit and any required follow-ups
related to an emergency at the facility. (19.14)
14) Make every effort to purchase the property, located at 2551.Goodrick Avenue, at fair market
value when the property comes on the market. After purchasing the property, the
Transfer/Treatment Station operator shall transfer the property to non-residential use; uses
allowed on the property must be of a lower exposure limit than the current residential use and
shall not include uses such as a.day care center, a rest home, or other uses that may result in
a higher exposure risk. (19.15)
15) Make a good faith effort to immediately notify the CHSD, BAAQMD, and the CCDD of any
changes or proposed changes, which the operator becomes aware of, in land use within the
surrounding area.that may affect the validity of the Health Risk Assessment. If any regulatory
agencies find or require that additional studies or measures are.needed to ensure the public
health, safety,and welfare, and.to maintain appropriate environmental protection, such studies
and measures shall be funded by the operator to incorporate new requirements in project
operation and description. (19.16)
16) . Work with the County Hazardous Waste Strike Force or another designated County agency at
no charge to the limit of analyzing two samples per month (hazardous waste determination).
(19.17)
Responsible Agencies:
1) Lead Agency: CHSD
2) Other Agencies: CCDD, BAAQMD, SDHS
Required Agency Resources:
1) CHSD staff and resources to conduct the following:
a) Review and approve the employee safety equipment, first aidequipment, emergency
eye baths and showers, emergency clothing and all other safety and emergency
equipment of the facility. The Vehicle and Equipment Maintenance program will also
be approved by the CHSD.
b) Review and approve the employee safety and emergency training program.
c) Conduct periodic inspections of the facility to ensure the Load Inspection procedures
are followed.
d) Ensure the facility is staffed with personnel trained in emergency procedures 24-hours
a day.
22
e) Determine when the facility shall pay medical costs or medical transportation costs of
residents or workers affected by the facility operation.
f) Coordinate the program between the facility operator and the County Hazardous Waste
'Strike Force.
2) CCDD staff and resources to conduct the following:
a) Review and approve facility design plans to ensure all safety measures, required by
emergency response agencies, are incorporated into facility prior to facility
construction.
b) Inspect the facility to confirm compliance with approved design measures for safety.
c) Monitor efforts by the facility operator to purchase the residence at 2551 Goodrick
Avenue.
d) Monitor the surrounding land use changes for conditions that may affect the validity
of the Health Risk Assessment.
3) CHSD, WCFPD and SDHS agency staff and resources necessary to conduct the following:
a) Review and approve facility design plans.
b) Recommend additional safety measures for incorporation into facility design and
construction.
Scheduling:
1) CHSD staff will inspect the facility as necessary to ensure compliance with safety, emergency,
and load inspection procedures.
2) CCDD staff will report annually to the Board of Supervisors on the facility operator compliance
with-safety, emergency and load inspection procedures.
3) The facility operator will annually report to the CCDD'on its efforts to purchase 2551 Goodrick
Avenue and monitor surrounding land use changes.
Time Period:
1) The facility design plans will be reviewed and approved by all applicable agencies prior to
commencement of facility-operation.
2)• All safety, emergency, and load inspection procedures are effective throughout the duration
of facility operation.
23
16. SITE SECURITY
Purpose:
1) To ensure the facility operator manages the facility in a manner that prevents unauthorized
persons from having access to the working areas of the Transfer/Treatment Station both during
and after operating hours. (20.1)
Measures Conducted by Facility Operator:
1) Install a security fence with three rows of barbed wire, around the perimeter:of the project site
with lockable gated entrances and exits. The fence shall maintained in good repair and be
located to minimize its visual impacts. (20.2)
2). Ensure the facility is staffed with personnel trained in emergency procedures 24-hours each
day.
3) install and operate adequate lights at the entrance area to the Transfer/Treatment Station. 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. (20.4)
4) Post warning signs stating the following: "Caution_- Hazardous Waste Area, Unauthorized
Person Keep Out". The signs shall be legible from 25 feet and stated in both english and
Spanish. The operator may be required by the CCDD to post the signs in additional languages
if needed. The signs shall be posted on all accessible sides of the site.including the hazardous
waste loading, unloading, storage areas, and each entrance to the active portion of the facility.
(20.5)
Responsible Agencies:
1) Lead Agency: CCDD
2) Other Agencies: None
Required Aaencv Resources:.
1) CCDD staff and resources necessary to conduct the following:
a) Inspect facility to confirm facility operator has implemented all site security measures.
Scheduling:
1) CCDD staff will inspect the facility for implementation of site security measures at least every
six months.
2) CCDD staff will report annually to the Board of Supervisors on the facility operator compliance
with site security measures.
Time Period:
1) The facility operator will install security fencing and lighting, and post warning signs prior to
commencement of facility operation.
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2) The 24-hour staffing of the facility will occur throughout the duration facility operation.
17. CULTURAL RESOURCES
Puroose:
1) To protect the cultural resources of the facility site from construction and operation impacts.
2) To construct the facility in such a manner that preserves or documents important
archaeological or historic sites if found during the construction process. (21.3)
Measures Conducted by the Facility Operator:
1) Conduct exploratory trenching under the direction of a qualified archeologist prior to
construction or have a qualified archeologist on-site during project earthworks and installation
of subsurface features. (21.1)
2) Cease work in the immediate area if buried human remains or archaeological features (e.g.,
petroglyphs) are uncovered during construction or operation. Work in the immediate area shall
cease until a qualified archaeologist is consulted and approves resumption of work. Should
human remains which may be of Native American origin be encountered during the project, the
County Coroner's Office shall be contracted pursuant to the procedures set forth in the Health
and Safety Code. The CCDD shall also be notified. (21.2)
3) Subject any culturally significant sites to detailed significance evaluations. These investigations
shall be conducted by qualified professionals in East Bay prehistoric studies. If any site is
found to be significant, the Transfer/Treatment Station developer shall implement the following
mitigation measures:
a) Avoidance of the site through modification of the Transfer/Treatment Station footprint
or related facilities that would allow for the preservation of the resource in its present
location.
b) If the site cannot be preserved through avoidance, data recovery through excavation
shall take place. The excavation shall be accomplished by a qualified professional.
If subsurface testing reveals no associated cultural deposits and the sites are determined to be
isolated bedrock milling sites, then mitigation can be limited to the photographing and drawing
of the features prior to their destruction.
Responsible Agencies:
1) Lead Agency: �CCDD
2) Other Agencies: None.
Required Agency Resources:
1) CCDD staff and resources to conduct the following:
25
'�UUiJLILI � � U Ln►
a) Approve .the archeologist assigned to .either conduct exploratory trenching or be
present during earthworks and installation of subsurface features.
b) Contact appropriate cultural preservation agencies or groups if artifacts are discovered.
Schedulina:
1) CCDD staff will report to the Board of Supervisors on the status of cultural resources during
the initial mitigation monitoring program report.
Time Period:
1) If the facility operator chooses Pre-Construction Exploration, the measures will occur prior to
commencement of facility operation.
2) If the facility chooses Concurrent Exploration, the measures will occur during facility
construction and prior to commencement of facility operation.
18. TRANSPORTATION AND CIRCULATION
Purpose:
1,) To manage the facility in such a manner that provides safe, efficient transport of hazardous
waste on appropriate roads. (22.1)
Measure Conducted by Facility Operator:
2) Construct and/or paid for all expenses, deemed necessary in the Conditions of Approval to
provide safe.transport of hazardous waste, unless other arrangements are specified. (22.2)
3) Submit improvement plans and cost estimates, if requested,.to the Public Works Department,
Engineering Services Division, for all on-site and off-site road improvements, which are to be
prepared by a registered civil engineer, and shall pay plan review and construction inspection
fees and post security for all improvements required by the Contra Costa County Ordinance
Code or the Conditions of Approval of this development. (22.3)
4) Deposit a cash deposit with Contra Costa County, the amount to be determined, which
represents the estimated cost of qualified construction inspection for the work. Upon the final
acceptance of all the work, the amount still owing the County will be billed to applicant for
payment within 60 days, or the amount of deposit in excess of expenditures will be refunded
to the applicant. (22.3)
4) Obtain and implement horizontal and vertical roadway from the Caltrans Highway Design
Manual. The Caltrans Highway Design Manual, Bridge Design Manual, and Traffic Manuals
shall become the standards applicable to all on-site and off-site work. Standards not covered
in the Caltrans manuals shall be resolved by referring to the 1984 edition of the AASHTO
Policy on Geometric Design of Streets and Highways, or by the application of standard
practices as determined by the County. (22.4)
5) Provide the proper site distance and intersection design at the Goodrick Avenue intersection
26
entrance. Improvements shall include a stopping sight distance of 430 feet for cars travelling
from the north on Goodrick Avenue, and a left turn lane, on ParrBoulevard at Goodrick
Avenue, of 100 feet in length. The entrance design shall be sufficient to handle two trucks
at a time. Standards of design, and lengths an widths of the various elements of the
intersection shall be subject to review and approval of the County Public Works Department
and CCDD. (22.5)
6) Require all truck haulers to utilize the Richmond Parkway for travel. to and from the
Transfer/Treatment Station. The Transfer/Treatment Station operator shall not allow truck
haulers to access the facility on Third Street from the south or on Parr Boulevard from the east.
(22.6)
7) Upon a determination by the County that a user of the Transfer/Treatment Station has violated
Condition of Approval 22.6 by using a prohibited access route, and upon a written direction
by the County, the Transfer/Treatment Station operator shall notify the hauler that a repeated
violation will result in removal from the facility's list of approved haulers, or other sanction.
directed by the County: A system for reporting alleged violations and for monitoring
enforcement data shall be established by the County and Transfer/Treatment Station operator.
(22.7)
8) To reduce the potential for vehicle accidents, the Parr/Goodrick intersection shall be improved
before Transfer/Treatment Station operation with a left-turn lane and through-traffic lanes.
Standards of design, and lengths and widths of the various elements of the intersection shall
be subject to review and approval by the County Public Works Department and CCDD. The
Transfer/Treatment Station operator shall contribute an equitable portion to signalization of the
intersection if required. (22.8)
Responsible Agencies:
11 Lead Agency: CCDD
2) Other Agencies: County Public Works Department
Required Agency Resources:
1) CCDD staff and resources necessary to conduct the following:
a) Review and approve transportation improvement plans and designs.
b) Inspect the facility construction for compliance with design standards and
specifications.
c) Monitor and record transportation-related accidents at the facility or with vehicles
travelling to or from the facility.
d) Report violators of the prescribed haul route to California Highway Patrol authorities.
2) County Public Works staff and resources necessary to conduct the following:
a) Review and approve transportation improvement plans and designs.
b) Inspect the facility construction for compliance with design standards and
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b
specifications.
Scheduling:
1} CCDD staff will report annually to the Board of Supervisors on the.facility operator compliance
with transportation and circulation.mitigation measures.
Time Period:
1) The construction of transportation and circulation improvements will occur during facility
construction.
2) The reporting of the violators of the prescribed haul route will occur throughout the.duration
of facility operation.
19. SITE SERVICES AND UTILITIES PLAN
Purpose
1) To design, develop and manage the facility in such a manner that services and utilities
adequately meet the Transfer/Treatment Station's.requirements, while ensuring the protection
of site employees, area residents and the surrounding environment. (23.1)
Measures Conducted by the Facility Operator:
1) Prepare and submit a Site Services and Utilities Plan, and obtain the approval of the CCDD and
agencies concerned [East Bay Municipal Utilities District (EBMUD), Pacific Gas and Electric
{PGE),West Contra Costa Sanitary District (WCCSD), West County Fire District (WCFD) and
Pacific Bell] prior to beginning construction.' The Site Services and Utilities Plan shall include
a fire protection component (see Measure 3). (23.2)
2) Apply to and.obtain from the West County Fire District for any District permits which may be
required to comply with Fire Code requirements. (23.3)
3) Develop and implement a Fire Protection Component meeting the requirements.of the West
County Fire District to contain and extinguish fires originating on the Transfer/Treatment
Station property. The Fire Protection Component shall include. a training program for all
employees. The program shall be subject to the approval of the CHSD and the West County
Fire District. (23.4)
4) Participate in the West County Fire District's benefit assessment program for ongoing
operational costs and pay new development fees for one-time costs for stations and equipment
in the same manner as other new development and commercial operations in the West County
area. (23.5)
5) Designate access points and routes for local fire protection agency access to all parts of the
Transfer/Treatment Station. The access points shall be included in the Development and
Improvements Plan and shall be subject to the approval of the West County Fire District. (23.6)
6) Provide the Transfer/Treatment Station with fire extinguishers large enough to fight small fires
28
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on the equipment, buildings, or storage, treatment and transfer areas. The extinguishers and
their distribution shall be subject to the approval of the CHSD and the .West County Fire
District. (23.7)
7) Prohibit smoking on the Transfer/Treatment Station except in designated areas. In no event
shall smoking be allowed near the storage, treatment or transfer areas -of the
Transfer/Treatment Station.. Signs shall be clearly posted and enforced. (23.8)
8) Maintain, clean, and inspect facility equipment according to the Equipment Activity and
Maintenance Measures listed in Section 14 of this Program (Measures 11 and 12). (23.9)
9) Conduct proper emergency response procedure during emergency events according to the
Emergency Procedures Section of this program (Section 11). (23.10)
10) Fund County Environmental Health Division Personnel according to the emergency response
services funding measure of.the Emergency Procedures.Section (Section 11, Measure 8).
(23.11)
11) Ensure wastewater meets discharge requirements of the WCCSD. According to Section 14,
Measure 6 of this program. (23.12)
12) Notify the WCCSD prior to each discharge, of up to 20,000 gallons at a time, to ensure that
treatment capacity is available according to Section 14, Measure 6 of this program.. (23.13)
13) Contact all entities operating pipelines on or adjacent to the project site to precisely locate any
such pipelines and associated equipment and to identify appropriate precautionary measures
to be taken during construction and development of the project site. (23.14)
Responsible Agencies:
1) Lead Agency: CCDD
2) Other Agencies: WCCSD, WCFD, EBMUD, PGE, and Pacific Bell.
Required Agency Resources:
1) CCDD staff and.resources necessary to conduct the following:
a) Review and approve the Site Services and Utilities Plan including the fire protection
component.
b) Review and approve the posting of smoking prohibition signs throughout the facility.
c) Confirm the facility operator has located pipelines within the site and its surroundings.
2) WCCSD staff and resources necessary to conduct the following:
a). Review and approve the Site Services and Utilities Plan.
b) Ensure the facility operator discharges waste, according to the quantity and quality
requirements of the permits issued by the WCCSD.
29
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c) Confirm WCCSD available treatment capacity is.adequate when the facility operator
requests a discharge.
3) WCFD staff and resources necessary to conduct the following:
a) Issue and enforce the Fire District Permits.for a Hazardous Waste Facility.
b) Review and approve the Site Services and Utilities Plan including the fire protection
component.
c) Assess and collect fees according to the Fire District benefit assessment program,
d) Review and approve the designation of emergency equipment access points throughout
the facility,
e) . Review and approve the distribution of fire extinguishers throughout the facility.
f) Review and approve the posting of smoking prohibition signs throughout the facility.
4) EBMUD, PGE, and Pacific Bell staff and resources to conduct the following:
a) Review and approve the Site Services and Utilities Plan.
Scheduling:
1) WCFD will annually inspect facility to ensure the facility conforms with the fire safety
components of the Site Services and Utilities Plan and all other requirements of the Fire District
permits.
2) WCFD will annually assess the facility operator participation in the Fire District benefit
assessment program to determine if additional funds are needed.
3) - CCDD staff will report annually to the Board of Supervisors on the facility operator compliance
with-the utility and services measures of this program.
Time Period:
1) The Site Services and Utilities Plan will be reviewed and approved by all applicable agencies
prior to commencement of facility construction.
2) The facility operator will obtain all applicable fire district permits prior to facility construction.
3) The Fire District benefit assessment program is effective throughout the duration of facility
operation,
4) The designation of emergency equipment access points, the distribution of fire extinguishers,
and the location of smoking prohibition signs must be approved by WCFD and CCDD prior to
commencement of facility operation.
5) All wastewater discharge- requirements are effective throughout the duration of facility
operation.
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6) The pipeline precaution measures will be implemented prior to facility construction.
20. CONSTRUCTION ACTIVITIES AND CONDITIONS
Purpose:
11 To ensure construction activity associated with the facility does not impact surrounding land
uses and residences.
Measures Conducted by Facility Operator or Constructor:
1) Restrict outdoor construction activities to the period from 7:00 a.m. to 7:00 p.m. Monday
through Friday. (24.1)
2) Apply water or proven environmentally safe dust suppressants at least twice daily during
construction (including earthworks) of the TransferMeatment Station. (24.3)
3) Provide evidence to the Community Development Department that construction equipment is
fitted with legally required emissions control devices. (23.4)
Responsible Agencies:
1) Lead Agency: CCDD
2) Other Agencies: None.
Required Agency Resources:
1) CCDD staff and resources necessary to conduct the following:
a) Inspect the facility, during construction, for conformance with permitted hours of
construction.
b) Review and approve exemption requests for the permitted hours of construction.
c) Inspect the facility, during construction, for the application of dust suppressants.
d) Insure that construction equipment is equipped with emission control.devices.
Scheduling:
1) The facility operator will apply dust suppressants at least twice daily during facility
construction and earthworks.
2) CCDD will report to the Board of Supervisors on the facility operator compliance with the
construction activity measures during the first land use permit review.
Time Period:
1) All measures are effective during the construction phase of the facility.
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21. CLOSURE AND POSTCLOSURE MAINTENANCE
Purpose:
1) To ensure the closure of the facility does not negatively impact existing or future land uses,
water resources, air resources, and biotic resources either on-site or within the site vicinity.
2) To ensure the closure of the facility does not negatively impact the public health and safety
of existing and future residents and workers of the area surrounding the site or on-site.
Measures Conducted by the Facility Operator:
11 Submit,for review and approval,to the SDHS, BAAQMD, and the CCDD, a plan for the closure
of the Transfer/Treatment Station as required by State law, but no later than; upon application
for a Hazardous Waste Facilities Permit. Copies of the SDHS and CHSD approved closure plan
shall be submitted .to the CCDD. (25.1)
2) Submit, for review and approval, to the Board of Supervisors, SDHS, and the CCDD evidence
of,financial ability to provide for the cost of closure and postclosure maintenance and
monitoring in an amount not less than the estimated cost of closure, as contained in the
submitted closure plan. Evidence of financial ability shall be in the form of a trust fund
approved by the Board of Supervisors and the SDHS in which funds will be deposited according
to a schedule and in amounts sufficient to meet closure costs within 5 years of operation
commencement, or an equivalent financial arrangement acceptable to the Board of;Supervisors
and the SDHS. (25.2)
3) Submit any required changes to the closure plan and/or evidence of financial ability to the
Board of Supervisors'at the same time as submittal to the applicable state or regional agency,
should state law or regulation regarding closure plan and funding of the plan change at any
time (25.3)
4) Close the Transfer/Treatment Station in accordance with the overall closure plan. (25.4)
5) Submit, prior to commencing closure for review and approval, a copy of the SDHS and CHSD
approved closure plan to the following agencies: the CCDD, County Environmental Health
Division, BAAQMD, WCCSD, and any other applicable regulatory agency. (25.6)
6) Amend the Closure Plan accordingly, whenever changes in facility design or operation occur,
and submit the amended plan to the appropriate agencies, as listed in measure 6 of this
section, for review and approval. (25.7)
Responsible Agencies:
1) Lead Agency: SDHS and CCDD
2) Other.Agencies: CHSD, BAAQMD, WCCSD
Required Agency Resources:
1) SDHS and staff and resources necessary to conduct the following:
32
a) Review and approve the Closure and Postclosure Maintenance Plan, revisions and
amendments to that Plan, the funding of facility closure and postclosure maintenance`
and 'monitoring, and revisions to the funding of facility closure and postclosure.
maintenance and monitoring.
b) Monitor the closure of the facility to ensure, the facility operator complies with
requirements of the Closure and Postclosure Maintenance Plan.
c) Inspect the facility after closure to ensure the site is in compliance with the
requirement of the Closure and Postclosure Plan.
2) CCDD, CHSD, BAAQMD, WCCSD staff and resources to conduct the following:
a) Review and comment on the Closure and Postclosure Maintenance Plan.
3) CCDD staff and resources to conduct the following:
a) Review and approve the funding proposed for the Closure Plans and Postclosure
maintenance and monitoring.
Schedulina: .
1) The facility operator will deposit funds into a trust fund according to a schedule and in amounts
to meet closure costs within 5 years of operation commencement or an equivalent financial
arrangement acceptable to the Board of Supervisors and SDHS.
2) The facility operator will update the Closure Plan and perform required actions in accordance
with any amendments brought about during the scheduled reviews of the Land Use Permit, the
Conditions of Approval, and this program. (25.5)
Time Period:
1) The facility operator willsubmit the Closure and Postclosure Maintenance Plan to the SDHS,
CHSD, BAAQMD, and CCDD no later than application for a Hazardous Waste Facilities Permit.
2) The facility operator will generate the closure and postclosure trust fund as specified in the '
Closure and Postclosure Maintenance.
3) All closure and postclosure maintenance measures will be effective after termination of facility
operation.
22. LOCAL COMMUNITY PROGRAMS
Purpose:
1) To provide employment experience to the youth of the surrounding communities.
2) To offer employment opportunities to local residents.
3) To educate local residents on the operation of the facility.
33
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4) To improve health services for local residents.
Measures Conducted by Facility Operator
11 Undertake an internship program which will involve either:
a) Providing internship positions for high school, junior college, or re-entry students; or
b) Funding an internship program of equal benefit at another business; or
c) Funding an internship program of equal benefit through an agency or school district.
2) Include, in the internship program, the,following:
a. An internship opportunity for at least two students during a.calendar or a school year;
b. Compensation for the student for their work at a rate at least equal to the State
minimum wage; .
C. Involvement with students who live in the surrounding community. Preference should
be given to students who live in the neighborhoods surrounding the facility (e.g., North
Richmond, Parchester). (26.1).
3) Make all best efforts to hire residents of the surrounding communities especially North
Richmond and Parchester Village. Actions to fulfill this condition shall include:
a. Advertise and recruit applicants from surrounding neighborhoods;
b. Work with the County, community groups (e.g., Neighborhood House), and the
surrounding cities to obtain referrals; and
C. Utilizing an intern who has successfully worked with the company to fill a vacant
— position. (26.2)
4) Provide, if required, funds and manpower for development and implementation of appropriate
public education programs. (26.3)
5) Pay a fee to CHSD equal to 10%.of the Station's annual gross receipts for treatment, storage
and disposal of hazardous waste at the station, except for that portion of receipts that is
derived from-the recycling of hazardous waste. (26.4)
Responsible Agencies:
1) Lead Agency: CCDD, CHSD (lead agency for tax)
2) Other Agencies: None
Required Agency Resources:
1) . CCDD staff and resources necessary'to conduct the following:
34
a) Monitor the rate of participation of local youth in the internship program.
b) Monitor the rate of success of the local first hire program.
c) Determine the need for public education programs.
d) Implement a public education program, if required, with resources provided by the
facility operator.
2) CHSD staff and resources necessary to conduct the following:
a) Assess and collect the hazardous waste tax from the facility.
b) Plan in cooperation with the Communication and Information Panel the services to be
provided.
Scheduling:
1) CCDD staff will report annually to the Board of Supervisors on the progress of the internship,
local first-hire, and public education programs.
2) CHSD will collect the hazardous waste tax on a quarterly basis.
Time Period:
1) The programs are effective throughout the.duration of facility operation.
2) The hazardous waste facility tax will be assessed throughout the duration of facility operation.
23. HOUSEHOLD HAZARDOUS WASTE PROGRAM
Purpose: —
1) To provide-a service for the disposal of household hazardous waste.
f
Measures Conducted by Facility Operator.
1) Develop a household hazardous waste collection and management program which is consistent
with the County Hazardous Waste Management Plan and with the County Wide. Integrated
Solid Waste Management Plan. (26.5)
2) Prepare a household hazardous waste program and proposed rate.
3) Manage the household program in accordance with the "Waste Minimization Hierarchy"
identified in the County Hazardous Waste Management Plan. (26.5)
4) Develop the program in cooperation with other waste management facilities and collection.
services. The Transfer/Treatment Station operator may coordinate the household hazardous
waste program with a solid waste processing and transfer station in West County should one
be established. In coordinating with the solid waste processing and transfer station, the
35
t
Transfer/Treatment Station operator shall ensure that the resulting household hazardous waste
program provides the same level of service that the Transfer/Treatment Station provided when
operating independently. (26.5)
5) Include a public information and education program approved by the CHSD and the County
Hazardous Materials Commission for notifying facility users and households of what constitutes
hazardous waste and how such wastes are to be disposed of.
Responsible Agencies:
1) Lead Agency: CCDD
2) Other Agencies: CHSD
Responsible Agency Resources:
11 CCDD and CHSD staff and resources necessary to conduct the following:
a) Review and approve the proposed household hazardous waste program, proposed
rates, and the schedule of proposed costs and funding sources.
Scheduling:
1) The facility operator will submit, for review and approval, to CHSD and CCDD the proposed
program no'later than 3 months prior to the commencement of facility operation.
2) The facility operator will begin the program on the day of commencement of facility operation.
3) CCDD staff will annually report to the Board of Supervisors on the implementation and
operation of the program. The household hazardous waste program•may be amended if
required by the County Board of Supervisors in their review of the Land Use Permit.
Time Period:
1) The facility operator will prepare the program prior to.commencement of facility operation.
2► The program is effective throughout the duration of facility operation.
24. COMMUNICATION AND INFORMATION PANEL
Purpose:
1) To .form a Communication and Information (C&I) Panel, appointed by the County Board of
Supervisors,.consisting of representatives of local residents and neighborhood associations, to
comment and advise on the development of the Transfer/Treatment Station and its operations.
Measures Conducted by the Facility Operator:
1) Participate in all meetings and functions.of the C&I Panel.
36
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s
2) Provide access to the Transfer/Treatment.Station arranged through the CHSD.
Measures Conducted by the Panel:
1) Provide ongoing forums' for information exchange, communication and problem solving
between Transfer/Treatment Station operator and the local community.
2) Recommend to the Board of Supervisors whether additional members are needed or whether
members from a specific representation should be added. Panel recommendation shall be
forwarded to the County Board of Supervisors with the request that the additional members
be appointed.
3) Conduct problem resolution between the facility and the community shall be addressed.through
the process of negotiation.
4) Develop "Articles of Agreement" to formally agree to a cooperative effort at good faith
negotiations. These "Articles of Agreement" shall be amended as necessary to meet the needs
of the Panel.
5) Participate, if necessary, in problem solving programs. The following resources shall be made
available to the C&1 Panel to assist effective functioning:
a. Annual training in negotiation skills shall be offered to all panelists to prepare them for
serving on C&I Panel. Training shall be offered through the County Human Relations
Commission.
b. Professional consultation services shall be. available as needed to C&I Panel.
Consultants shall be technical, legal, mediation, or others with professional expertise
on the issues being addressed. The governing body of the agency with local land use
jurisdiction shall disburse funds. Funds shall not be used to prepare a legal suit against
,a facility.
6) Consider facility-related issues at meetings including safety and emergency procedures,
Transfer/Treatment Station-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 Transfer/Treatment Station construction, operation and maintenance.
Panel Composition:
1) Panel members shall be appointed by the Contra Costa County Board of Supervisors, and shall
include 5-7 individuals who live or work in close proximity to the facility, including one
representative of the facility.
Responsible Agencies:
1) Lead Agency: CHSD
2) Other Agencies: None
Required Agency Resources:
1) CHSD staff and resources necessary to conduct the following:
37
a) Establish and organize the C&I Panel.
b) Assist the panel in conducting its functions.
C) Notify the Panel of any issues brought forth by local residents, local businesses, or any
other interested parties.
Schedule.
1f) The Panel shall be established as soon as reasonably possible after the Board of Supervisors'
approval of the Land Use Permit. Meetings of the Panel shall be initiated following the approval
of a Land Use Permit and shall be held at the discretion of the Panel. 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.
Time Period:
1) The C&1 Panel will function throughout the construction and operation of the facility.
ephdiscbuhd:mitl 88