Loading...
HomeMy WebLinkAboutMINUTES - 12142004 - D1 Contra TO: BOARD OF SUPERVISORS Crista FROM: Dennis M. Barry, AICP ' Community Development Director Asx County DATE: December 14, 2004 1),J SUBJECT: WEST CONTRA COSTA SANITARY LANDFILL BULK MATERIALS PROCESSING CENTER. - LAND USE PERMIT LP422026, AMENDING LUP 2054-92 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. CONSIDER & REAFFIRM the Board's July 13, 2004, certification (Exhibit B) of the West Contra Costa Sanitary Landfill(WCCSL)Bulk Materials Processing Center's Final Environmental Impact Report as being adequate and having been prepared in conformance with the California Environmental Quality Act(CEQA), and reflecting the independent judgment of the County. 2. ACCEPT the staff report to the County Planning Commission dated November 30, 2004 (Exhibit G). 3. ACCEPT Resolution No. 31-2004 (Exhibit F), dated November 30, 2004, from the County Planning Commission documenting the Commission's findings and its conduct of the public hearing process and transmitting its recommendations on Amended Land Use Permit Conditions of Approval. 4. ADOPT the County Planning Commission's findings on Land Use Permit LP022026, amending LUP 2054-92, contained in Resolution 31-2004 (Exhibit F),dated November 30, 2004. 5. ADOPT the WCCSL Bulk Materials Processing Center's Environmental Impact Report Findings (Exhibit D), dated December 14, 2004, as it pertains to Land Use Permit LP022026, as the findings for the purposes of compliance with CEQA. 6. APPROVE amended Land Use Permit Conditions of Approval dated November 30, 2004 (Exhibit A), as recommended by the County Planning Commission. 7. APPROVE the Mitigation Monitoring Program for the WCCSL Bulk Materials Processing Center (Exhibit E). sa s CONTINUED ON ATTACHMENT: X YES SIGNATURE .>KVVv-:> ,--- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM ITTEE AOP'ROVE OTHER [yr .. ; SIGNATURE yw.yy�V • ACTION OF BOA ON << - APPROVED AS RECOMMENDED OTS T a KZ." r'd"-v' f:-s b-� J of f1 tF� "�- ?' '.. a 4- :,<• �l.s ,Gs•' L.,. r s, 55 i VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Deidra Dingman (92513351224) ATTESTED - :_,1 3�' <-)j� ... cc: Community Development Department(CDD) JOHN SWEETEN, CLERK OF THE County Counsel's Office— Lillian Fujii BOARD OF SUPERVISORS AND County Environmental Health — Lori Braunesriether COUNTY ADMINISTRATOR West Centra Costa Sanitary Landfill, Inc. (via CDD) BY, �ZL , DEPUTY G:\Conservation\Bryn\WCCSL BMPC\SaardOrder_12-14-04.doc Board Order: WCCSL BMPC Land Use Permit Amendment(LP022026) December 14, 2004 Page 2 of 6 FISCAL IMPACT There is no impact to the General Fund. All staff and consultant costs associated with this project are paid by the Applicant. A condition of approval for the proposed Project(see Condition 6.16 in Exhibit A) requires the Applicant to collect a mitigation fee on all solid waste and processible materials received at the facility (all BMPC operations including the WRC except those materials which are disposed of in the WCCSL. The amount of the Mitigation Fee for all solid waste transferred to other Republic landfills shall be the same as the Solid Waste Mitigation Fee currently collected at the Central IRRF of$2.76/ton, as adjusted pursuant to the Consumer Price Index("CPI"), for the San Francisco-Oakland-San Jose Area,All Urban Consumers index. The amount of the Mitigation Fee for all other materials processed at the BMPC (except those materials which are disposed of in the WCCSL) shall be known as "the Processibles Mitigation Fee" and shall be $0.75 per ton (as adjusted annually pursuant to the CPI described above) if the rate charged by Republic (applicant) and/or its Contractor(s) is more than $10.00 per ton (as adjusted annually pursuant to the CPI described above) or 7% of the gross revenue received by Republic (applicant) and/or its BMPC Contractor(s)if the rate charged is less than or equal to$10.00 per ton (as adjusted annually pursuant to the CPI described above). In July 2004, the Richmond City Council and the Board of Supervisors of Contra Costa County approved a"Memorandum of Understanding By and Between the City of Richmond and the County of Contra Costa Regarding Solid Waste Transfer Facility Host Community Mitigation Fees", which provides for the joint imposition of the Mitigation Fee irrespective of the location of the WRC and other BMPC operations, and provides for the joint administration of the mitigation funds for the benefit of the host community as identified in the DEIR. Mitigation funds shall be used, as described in the DEIR, for the benefit of the host community. The Mitigation Fee monies collected by the applicant will be paid to the County, held in a dedicated separate account, and jointly administered by the City and County for the benefit of the incorporated and unincorporated North Richmond area. The amount of projected Mitigation Fee revenue is unknown at this time. BACKGROUND/REASONS FOR RECOMMENDATIONS Proposed Project West Contra Costa Sanitary Landfill("Applicant"), West County Landfill, Inc. ("Owner"):The Applicant filed a land use permit application (LP 022026) requesting an amendment to its existing land use permit, LUP 2054-92, for its Bulk Materials Processing Center(BMPC). LUP 2054-92, approved by the County Board of Supervisors in July 1993, allowed the construction and operation of the BMPC consisting primarily of asphalt/concrete recycling operation and a wood recovery operation on the unincorporated portion of the landfill site. LUP 2054-92 was first amended by LUP 2043-94, approved by the County Board of Supervisors in May 1995,allowed the development of a Soil Remediation Facility onsite to treat soils contaminated with hydrocarbons. This operation began in 1996 and has since been terminated by the applicant,the Soil Remediation Facility building was demolished in 2004. All conditions related to this Soil Remediation Facility have been removed in the proposed amended Conditions of Approval attached as Exhibit A. The proposed project (LP022026) which is the second amendment to LUP 2054-92, would allow the following on the unincorporated portion of the landfill site: ■ Increase the amount and types of compostables and wood waste processed. ■ Increase the amount of asphalt and concrete waste processed. ■ Construction of a Public Access Trail along the northern shoreline portion of the WCCSL site and the eastern border along San Pablo Creek. Board order: WCCSL BMPC Land Use Permit Amendment(LP022026) December 14, 2004 Page 3 of 6 BACKGROUND/REASONS FOR RECOMMENDATIONS icon#.) On October 21, 2004, the City of Richmond approved a conditional use permit for the portions of the proposed project that would occur within the incorporated areas of the WCCSL site; those aspects approved by the city are summarized below: ■ Increase the amount and types of compostables and wood waste processed. • Increase the amount of asphalt and concrete waste processed. ■ Construction of a Public Access Trail along the western portion of the WCCSL site and the levee on the south side of the WCCSL site. ■ Establish a new spreading/drying operation for wastewater sludge and dredged materials. ■ Establish a new soil reclamation/processing operation to reclaim non-contaminated sails, and to combine high moisture content mud and sludges and with powdery materials to create a product suitable for Alternative Daily Cover(ADC),final cover,final cap, or off-site use. ■ Establish a new solid waste transfer station (referred to in the EIR as the Waste Recycling Center or WRC) at the WCCSL to recycle, sort, and transfer for disposal waste from self-haulers, industrial debris boxes, the west Contra Costa communities and commercial customers that would not be processed at the existing transfer station, the West County Integrated Resource Recovery Facility/Central Processing Facility ("IRRF")operated by West County Resource Recovery, Inc. at 101 Pittsburg Avenue in North Richmond, under an agreement with the West Contra Costa Integrated Waste Management Authority ("the Authority,"). IRRF LAN© USE PERMIT L2053-92) Approval of LP 022026 contains no actions pertaining directly to the West County Integrated Resource Recovery Facility/Central Processing Facility(IRRF), LUP 2053-92, which was approved by the County Board of Supervisors at the same time as the original BMPC Land Use Permit (2054-92) in July 1993. The IRRF is located at 101 Pittsburg Avenue in North Richmond. LUP 2053-92 allows the site to be used as a transfer station in addition to its existing use as a recycling and household hazardous waste facility. The Applicant and the West Contra Cost Integrated Waste Management Authority ("the Authority")are still in negotiations regarding the use of the IRRF. The Applicant is aware of the fact that if the WRC is permitted at the WCCSL site (in the City of Richmond), both the IRRF and the WRC would have the capacity and permits authorizing the transfer of solid waste for disposal. If the WRC is built and the Authority decided to direct the waste they control to the WRC, there would not be a need to have two fully permitted solid waste transfer facilities in West County. The Applicant has agreed to the following supplemental provision: "The Applicant agrees that in the event the WRC is permitted and built to provide transfer capacity of at least 1,000 tons per day, the Applicant will agree to amend its permits to relinquish the authority provided by the County Land Use Permit(LUP) No. 2053-92 for the IRRF and the IRRF Solid Waste Facilities Permit to transfer solid waste disposal at the IRRF, unless the West Contra Costa Integrated Waste Management Authority directs the Applicant to transfer JPA solid waste for disposal utilizing the IRRF facility. Nothing herein shall preclude nor be construed to preclude or otherwise limit the continued use of the IRRF as a recycling center for the management, handling and transfer of recyclable materials." Upon conclusion of the negotiations between the Applicant and Authority and final permitting of the WRC by all regulatory agencies, CDD staff will schedule hearings to amend the West County IRRF/CPF LUP 2053-92 accordingly. Board Order:WCCSL BMPC Land Use Permit Amendment (LP022026) December 14,2004 Page 4 of 6 BACKGROUND/REASONS FOR RECOMMENDATIONS (cont.) Site & Vicinity Description West Contra Costa Sanitary Landfill, Inc. (WCCSL), operates a Class 11 sanitary landfill located at the foot of Parr Boulevard located partially within North Richmond (unincorporated area) and the City of Richmond, California (Assessor Parcel Numbers: 408-140-013, 408-140-010, 408-140-009, 408-140-008). The figure attached as Exhibit C shows existing land use near the WCCSL. The northern portion of the WCCSL is within the unincorporated Contra Costa County area, while the remainder of the site is within Richmond's city limits. The WCCSL contains two waste management units—an inactive Class I waste disposal area(HWMF)that has been closed pursuant to Federal and State regulations, and the active Class 11 municipal solid waste landfill that is expected to close in January 2006. Existing BMPC recycling activities include a green waste/wood waste processing area, a composting area, and a concrete/asphalt processing area. Area A of the WCCSL contains the Class 11 landfill gas (LFG) power plant, a plant for treatment of leachate (water/liquids that has come in contact with waste within the landfill itself) from the HWMF, and an area formerly used for stockpiling clay soils. Area B is an enclosed runoff control pond located directly south of the Class II landfill that receives surface drainage from the WCCSL. Area C, west of the landfill, is a lagoon open to San Pablo Bay. A variety of commercial and industrial land uses exist near the WCCSL. The West County Wastewater District (WCWD) Wastewater Treatment Plant occupies the greatest land area. Treated leachate from the HWMF and untreated leachate from the Class 11 landfill are piped to the WCWD facility for treatment and/or disposal. The WCWD facility would also be the source of biosolids for the Applicant's proposed Soil Reclamation and Biosolids/Dredged Material Spreading activities. The Richmond Sanitary Service Corporation Yard is to the east, and San Pablo Creek comes within 30 feet of the WCCSL to the east and southeast. The major industries in the area include horticultural growers(Calor Spot),a recycling and household hazardous waste facility (Central IRRF), and the Chevron Refinery. The Richmond Parkway is a major roadway in the area that extends from Interstate 580 near the east approach to the Richmond-San Rafael Bridge northeasterly to Interstate 80 near Hilltop Drive. Existing roads and parking areas will be used during construction and operation of the facility. The Richmond Parkway is the major approach roadway to the WCCSL. Portions of the Parkway have adjoining residential land uses. To the south of Parr Boulevard, several areas of older residential uses exist with the closest to the WCCSL (about 1 mile away) being a two-story apartment building on the north side of the Gertrude Avenue/Richmond Parkway intersection. Appropriate sections of the EIR considered these residential land uses relative to compatibility with proposed Project operations and/or projected increases in Project-related traffic. The proposed project is consistent with the Open Space (OS)and Class I Waste Disposal General Plan designations and the North Richmond P-1 zoning district. The North Richmond Shoreline Specific Plan allows for ongoing resource recovery activities at the WCCSL site for at least a 30-year postclosure period. In conclusion, no change to the existing overall use of the landfill, as a waste management and resource recovery site, is proposed. This project involves the expansion of bulk materials processing operations within the footprint of the project site. The proposed use is appropriate for the area because it is compatible with surrounding landfill uses. The nearest residence is approximately 1 mile southeast of the site. Board Order:WCCSL BMPC Land Use Permit Amend�ymYpent(�yLP022o26) December 14, 2004 V Page of 6 BACKGROUND/REASONS FOR RECOMMENDATIONS (cont.) CEQA Status For purposes of compliance with the provisions of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared for this project and subsequently certified by the County Board of Supervisors on July 13,2044. The Preferred Environmental Alternative (PEA) identified in the EIR was found to be the best alternative to meet the Project's objectives and goals, while protecting the environment. The PEA, which includes the Project proposed by the Applicant, elimination of Phase 4 of the Trail along the outer levee east of Area C, the selection of Area A for the proposed WRC transfer station, and the use of aerated static pile as the primary composting process, provides the best balance between satisfaction of the project objectives and mitigation of potential significant impacts to the extent feasible. All significant impacts associated with the proposed Project would be reduced to less-than-significant levels with the PEA, with the exception of a significant air quality impact from PM10 emissions. Although the PEA would have lower PM10 emissions than the proposed Project(because of the reliance on the aerated static pile composting process in lieu of windrow composting), a significant unavoidable PM10 impact would remain. COORDINATION WITH BAAQMD REGARDING PM',nEMISSIONS Prior to obtaining a Permit to Operate the facility as proposed in the amended permit, the Applicant must file a permit application with the Bay Area Air Quality Management District (BAAQMD). During the permit review process with the BAAQMD,the BAAQMD considers the Final EIR and the mitigation measures identified in the EIR to mitigate PM10 emissions, and develops permit conditions to implement those mitigation measures to reduce PM10 emissions to the maximum extent feasible. In addition, the BAAQMD considers other potential emissions control measures to address PM10 emissions, that if feasibly implemented would further reduce project PM10 emissions. A project of this size would require Best Available Control Technology (SACT) for PM10 emissions. BACT for controlling PM emissions from a processing emission point generally involves either enclosing process operations and venting collected emissions to abatement devices or using water sprays or dust suppressants on the process. BACT may require paving of main roads, staging, and parking areas, watering and/or sweeping of paved roads, using dust suppressants and watering on unpaved roads to control emissions generated by on- site vehicle traffic. Other measures may be implemented depending on the nature of the process and the extent of the associated PM10 emissions from the facility. In addition, Best Available Control for Toxics(TRACT) may be required for any diesel fired stationary IC engines. As the lead agency under CEQA, the County (through CDD staff) will closely coordinate with the BAAQMD staff reviewing the Applicant's permit application and staff will monitor the permit conditions imposed by the BAAQMD. The BAAQMD will ultimately issue a Permit to Operate,which will impose conditions to mitigate PM10 as identified in the EIR. Currently, the Applicant has a Title V Landfill Emission Permit Revision in progress with the BAAQMD with an expected approval date in early 2005. The Applicant's consultant involved in the BAAQMD permitting liaison activities is also working on the application for the concrete, composting, soil reclamation and other resource recovery operations that will entail mitigations for the PM10 emissions. After submittal of the application the permitting issuance for the resource recovery operations is anticipated to occur mid-to late-summer 2005. The Applicant does not anticipate that market conditions for concrete and compost products will necessitate an increase in the processing and production amounts for over a year. Pursuant to the requirements of §15091 of the CEQA Guidelines, staff has prepared Findings, attached as Exhibit D, for each potentially significant impact, accompanied by a brief explanation of the rationale for each finding and supported by substantial evidence in the record. Because the proposed project will result in the occurrence of a significant PM10 impact that could not be reduced to a less-than-significant level, a Statement of Overriding Considerations is included in Exhibit D, identifying the specific reasons to support approval of the proposed project based on the Final EIR and/or other information in the record (consistent with the requirements of§15903 of the CEQA Guidelines). Board Order: WCCSL BMPC Land Use Permit Amendment(LP022026) December 14,2004 Page 6 of 6 BACKGROUND REASONS FOR RECOMMENDATIONS {cont.} Pursuant to the requirements of §15097 of the CEQA Guidelines, staff has prepared a Mitigation Monitoring Program, attached as Exhibit E,to ensure that all required mitigation measures are implemented and completed in a timely manner as part of Project construction and operation and maintained in a satisfactory manner during Project implementation. This program identifies the individual mitigation measures and the time frame for implementation, and assigns a party responsible to implement, monitor, and confirm the implementation of each mitigation measure. LIST OF EXHIBITS EXHIBIT A: RECOMMENDED CONDITIONS OF APPROVAL—LP 022026 EXHIBIT B: BOARD ORDER—EIR CERTIFICATION EXHIBIT C: MAP OF EXISTING LAND USES IN VICINITY EXHIBIT D: CEQA FINDINGS&STATEMENT OF OVERRIDING CONSIDERATIONS EXHIBIT E: MITIGATION MONITORING PROGRAM EXHIBIT F: RESOLUTION 31-2004 EXHIBIT G: STAFF REPORT EXHIBIT A LAND USE PERMIT 2054-92 (AS AMENDED) CONDI'T'IONS OF APPROVAL WEST COUNTY INTEGRATED RESOURCE RECOVERY FACILITY WEST CONTRA COSTA SANITARY LANDFILLJPROCESSING FACILITY BULK MATERIAL PROCESSING CENTER (UNINCORPORATED ARTA. FACILITY) APPROVED BY THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS: LAND USE PERMIT 2054.92-JULY 13, 1993 LAND USE PERMIT 2043-94(AMENDING 2054-92) -MAY 9, 1995 RECOMMENDED FOR APPROVAL: LAND► USE PERMIT 022026 (AMENDING 2054-92) - NOVEMBER 30, 2004 ` ` TABLE OF CONTENTS PAGE l. SHORT TITLE..................................................................................................... l 2. Rl8PONSDDILl7Y...-..—..—....-.,.'..^.'—.-^-..-~.—..........--...-~.—...-.- 2 8. COMPLIANCE..................................................................................................... 8 4. VALIDITY PERIOD............................................................................................ J 5. PERMIT REVIEW................................................................................................ 5 6. ADMINISTRATION............................................................................................ 5 7. LAND USE PERMIT CONSTITUENTS............................................................. y 8. ELIGIBLE MATERIAL TRANSPORT VEHICLES........................................ 12 0. ELIGIBLE AND INELIGIBLE MATERIAL................................ 12 lO. LOAD INSPECTION......................................................................................... 14 lI' MATERIAL TRACKING................................................................................... 14 12. OPERATING PARAMETERS........................................................................... 14 18. CONSTRUCTION CONDITIONS................................................................... is 14. EQUIPMENT ACTIVITYAND MAINTENANCE........................................ 19 15. SITE DESIGN PLAN.................................. ....................................................... 19 /b. RE8{)URCEIlCCOVT RY................................................................................... 20 17. B/\8GE]]RANSP(}B1A[I(>N PROGRAM..................................................... 20 18. LANDSCAPING,SIGNAGE,AND LIGHTING.... ......... ............................... 21 19. TRANSPORTATION AND CIRCULATION PLAN...................................... 22 -~ ' , 20. SITE SF]l\/KClSAND UTILITIES PI-AN....... ................................................ 27 21. DRAINAGE,EROSION AND SEDIMENT CONTROL................................ 29 ` 22. SIISMlCSTABILITY... ...................................................................... ............. 31 23. AIR QUALITY PROTECTION.-.^__._-.-...--.--.-_-----.--_ 32 24, NOISE CONTROL................................................... ......................................... 33 25. CONTROL(}FLITTER AND ILLEGAL DUMPING............. ...................... 34 26. lrEl L3f ORS................ .............................................................................. .........' 36 27. BIOTIC RESOURCFS.......................... ................................................. ........... 86 28. PUBLIC HEALTH AND SAFETY............................................................... .... 37 29. SITE SECURITY........................ ............................... -.................. .................. 38 , � / 1, SHORT TITLE .1 Short Tide. The West County Integrated Resource Recovery Facility project as originally proposed and permitted in the early 1990s, encompassing two separate sites, is henceforth referred to in this document as the IRRF. The IRRF site located on the existing West Contra Costa Sanitary Landfill is known as the Bulk Material Processing Center (BMPC),is located partially in the unincorporated area of Contra Costa County (County') and partially in the City of Richmond. The land and improvements within the unincorporated area is the subject of this Land Use Permit. The portion of the BMPC located in the City of Richmond is the subject of that city's Conditional Use Permit No. 1101132. The IRRF site located between Third Street and Central Street, and between Brookside Drive and Wildcat Creek in the unincorporated area of` North Richmond, is referred to as the Central Processing Facility(CPF), and is the subject of County Land Use Permit 2053-92. .2 Environmental Impact Reports. Two environmental impact reports (EIR) pertain to the IRRF operation as defined in this Land Use Permit, and City CUP 1101132. They include the WCCSL Bulk Materials Processing Center and Related Actions Project EIR, dated 2003/04 (State Clearinghouse No. 2002102057); and the West County Resource Recovery Facility Project EIR, dated 1991 (State Clearinghouse No. 90030940) pertaining to the operation of the CPF and Land Use Permit 2053- 92. .3 {operations. The BMPC includes the following components: (a) Asphalt/Concrete Processing: An asphalt/concrete recycling, with construction of a new concrete recycling operation with a concrete recycling office building; Currently located in the County, to be relocated and expanded to occur in bode the City and County. (b) Composting: A composting and wood recovery operation; Currently located in the City, to be relocated and expanded to occur in both the City and County (c) Public Access Trail: The Phase 3 alignment of a perimeter Public. Access Trail to be located within die County. (d) Waste Recycling Center (WRC): A waste recycling and transfer station with office/employee break building, to be located wholly within die City. (e) Soil Reclamation/Processing: A soil reclamation/processing operation with drying of biosolids and dredged materials, screening and blending of waste 1 LUT#2053.92(as aiereridcdl IT022026 for consideration on 11/30/04 soils, and facility for blending of wet and powdery materials, to be located wholly within the City. (f) Equipment Maintenance Building: relocation of existing equipment maintenance building, to be located wholly within the City. .3 Coordination with City. The Conditions in this document that also apply to BMPC components that are located partially in the City of Richmond are included, in substantially similar form, in City Conditional Use Permit(CUP) No. 1101132. 2. RESPONSIBILITY .1 Compliance to Conditions. These conditions of approval refer to the development, including all construction and improvements activities, and the operation, including all management and maintenance activities, of die BMPC. Regardless of the party(les) who perform these activities, the owner of the BMPC, hereafter referred to as "permittee", shall be responsible for complying with all conditions. If the permittee engages vendor(s) or operator(s) to perform any of' these activities, the contract with each vendor or operator shall include language requiring adherence to all conditions. .2 Administration and Enforcement of Conditions. The Contra Costa County Board of' Supervisors (Board) is responsible for the administration and enforcement of dnese Conditions of' Approval. Unless otherwise provided for, die County Community Development Department (CCDD) shall administer and enforce these Conditions of Approval for the Board. The Board may assign responsibility for specific conditions and provisions, such as rate regulation and changes to service area,to County departments or other units of government. .3 Assignment of Responsibility (a) The Board may assign the responsibility of administering specific Conditions of Approval or provisions of finis Land Use Permit to County Departments or other units of'government. (b) The Board may suspend the implementation of conditions or provisions of this Land Use Permit where such conditions or provisions are inconsistent with the terms of a contract or agreement entered into between the Board and other units of government, or by the terms of a joint Powers agreement where the County is a member of the joint powers agency. (c) For tine purposes of' Condition 2.3(a), the West Contra Costa Integrated 2 LUP#205-t-9`L(as;u7�ctulcd) LIP022026 C'or considensiM ou i I13010 Waste Management Authority is an eligible unlit of government; and, for the purposes of Condition 2.3(b), the contract between the County and the Authority approved by the Board on May 25, 1993, is an eligible contract. (d) If no contract or agreement is in force,as referred to in Condition 2.3(c), the County retains authority to implement this LUP and all of its Conditions. .4 Permit to Run With The Land. The Land Use Permit for the BMPC shall run with the land, however, a new owner shall be responsible for notifying the CCDD of any change in ownership. A change of ownership shall be interpreted to mean the acquisition of 5 percent or more of the value of the WCCSL/PF covered by this Land Use Permit. (It is noted that other permits may not necessarily run with the land.) 3. COMPLIANCE I Compliance Objective. The permittee shall at all tunes comply with all applicable local,state and federal laws and regulations. .2 Land Use Permit Except as provided for in Conditions 3.3 and 3.4, the permittee shall at all times comply with the provisions and requirements of this Land Use Permit. The permittee shall comply with all correction and compliance orders issued by the County, which relate to this Land Use Permit. A violation of any of these conditions or orders is cause for revocation of the Land Use Permit .3 Fest Contra Costa Sanitary Landfill Solid Waste Facilities Permit. The current Solid Waste Facilities Permit for the West Contra Costa Sanitary Landfill (WCCSL), issued by the Local Enforcement Agency and confirmed by the California Integrated Waste Management Board (CIWMB), governs operations at the existing landfill site. The Contra Costa County Health Services Department, Environmental Health Division currently acts as the Local Enforcement Agency (LEA) for the CIWMB regarding solid waste enforcement issues. The permittee shall comply with all provisions and requirements of die Solid Waste Facilities Permit This Land Use Permit is not intended to supersede the existing landfill Solid Waste Facilities Permit operating requirements, nor shall it conflict with said permit operating requirements. .4 Closure/Post Closure Maintenance Plan. The Final Development and Improvements Plan for the facility shall be consistent with the Closure/Post Closure Maintenance Plan required by the CIWMB, the San Francisco Regional Water Quality Control Board (SFRWQCB), and LEA for the existing West Contra Costa 3 LIT#2054-92(.vs a�Yrendcd) I.P022026 for consideration on 11/30/0,4 Sanitary Landfill. An approved Closure/Post Closure Maintenance Plan(s) is required before the BMPC may become operational unless otherwise allowed by agencies having jurisdiction. In the event of any discrepancy pertaining to grading, drainage, installation limitations or monitoring, between an approved Closure/Post Closure Maintenance Plan and this Land Use Permit regarding BMPC operations, the former plan shall govern. .5 Composting Operations. The permittee shall not expand composting operations on any part of the BMPC without obtaining a Composting Facilities Permit or a Solid Waste Facilities Permit authorizing composting activity. Said permit is issued by the LEA and confirmed by the CIVVMB. .6 Bay Area Air Quality Management District The permittee shall at all times comply with the provisions and requirements of the Authority to Construct and Permit to Operate entitlements issued by the Bay Area Air Quality Management District. (BAAQMD). .7 Title 14 and Tide 27, California Code of Regulations. The permittee slxall at all times comply with the provisions quid requirements of Title 14, Natural Resources, Division 7, CIWMB, current regulations of the California Integrated Waste Management Board pertaining to nonhazardous waste management in California; and, Tide 27, Environmental Protection, Division 2, Solid Waste, current regulations of the California Integrated Waste Management Board and State Water Resources Control Board pertaining to waste disposal on Iand. .8 Other Regulatory Approvals. Subsequent to the approval of this Land Use Permit, die permittee shall obtain approvals from the agencies, utilities, and parties having jurisdiction or control over the on-site and off-site improvements authorized by this Land Use Permit or by agencies having regulatory jurisdiction over the project The permittee shall at all times comply with die regulations and requirements of these permits and approvals, as determined by die issuing agency, and shall notify the CCDD if proposed or adopted conditions or requirements do not appear to be consistent with this Land Use Permit or die Bulk Materials Processing Center and Related Actions Environmental Impact Report. .9 Notice Coordination. The permittee shall transmit to the Contra Costa County Community Development Department, 651 Piuc Street, 4th Floor North Wing, Martinez, CA 94553-9095 within 5 working days of origination or receipt by elle permittee: (1) copies of' all permits and approvals from regulatory agencies, (2) copies of all monthly, quarterly, and annual reports to other agencies concerning the design, operation, and maintenance of the BMPC; (3) all reports concerning Duly emergency incidents associated with BMPC or hauler operation; and (4) any other 4 LL1P#2051,)2 t;L,Win 111cd) 1,11022026 iix considc n m on 11/3010.1 reports or documents requested by the CCDD. Such materials shall be sent by regular mail or hand-delivered. 4. VALdDITY PERIOD 1 Validity Period. The permittee shall install pre-requisite improvements and open the expanded BMPC for receiving materials within three years of the final approval of the BMPC,which three years shall be extended by any appeal on any permit. All appeals for extensions shall be consistent with requirements of the existing Solid Waste Facilities Permit and the Closure/Post Closure Plan. This validity period shall not include the time period during which an appeal filed by the permittee is pending with the exception of the Barge Transportation facility. The permittee may request from the Director of Community Development one or more one-year extensions of the validity period. If the Land Use Permit is not implemented within the specified time,it shall become null and void. .2 Operative Date. This Land Use Permit is valid upon approval by the Board. 5. PERMIT REVIEW 1 Permit Review. The CCDD shall report once every five years to the Board, or on such frequency as the Board may require, on compliance with the Conditions of Approval of this Land Use Permit The Board may refer proposed changes to the Luid Use Permit to dne County Planning Commission for processing. If the Board fnids that the permittee has not complied, it may take such corrective action as is required to remedy the situation. If the corrective action requires a modification to this Land Use Permit, such request for action shall be sent to the County Planning Commission for review and a public hearing on the matter. As a result of the review and public hearing, the County Planning Commission may recommend to the .Board the appropriate corrective action. Nothing in this condition shall preclude the permittee from applying for amendments to the Land Use Permit at any time or preclude the County from addressing emergency situations or new requirements imposed by state legislation or the courts. 6. ADMINISTRATION .1 Relationship of These Conditions to Other Regulations. Several of these Conditions of Approval relate, paraphrase or sunimarize laws and regulations which are 5 LIT#203=1.-92(as a�nc,ided) 1,11022026 for crosidention or,11/30/04 imposed and enforced by other governmental agencies which have jurisdiction over particular aspects of this project. It is the Board's intent in adopting these Conditions of Approval to provide the permittee and the public with an overview of the scope of regulation applicable to this project and to provide this County with enforcement power if such laws and regulations enforced by other agencies are violated. Unless specifically stated in the Conditions of Approval,however,it is not the Board's intent to establish rules or regulations which are stricter than the laws or regulations which are applied to this project by the other agencies with jurisdiction over aspects of this project. If another agency primarily responsible for some aspect of this project finds or otherwise determines that any action or inaction is in compliance with, or violates, any such law or regulation, that finding or determination shall be conclusive. If these Conditions of Approval require some approval by any other agency and that agency declines to approve or disapprove the subject matter, such approval shall be deemed to have been given for purposes of these Conditions of Approval. .2 Delegation of Authority. In any instance where these conditions provide that the Board will decide or act upon a certain matter, and the Board has not assigned the responsibility to another unit of governmental pursuant to Conditions 2.3(a), (b) and (c), the Board may delegate the initial decision making or action witli respect to that matter to die Director of Health Services, the Director of Community Development, or such other designee as the Board determines to be appropriate, provided that dicre shall be a right of appeal to the Board from any decision of the designee. .3 Interpretation of Conditions. The Director of the CCDD is authorized to interpret these conditions in the event that any clarification is needed. .4 Emergency Operation. In the event of an emergency situation not officially declared by another agency, such as a road closure or on-site problem, the CCDD may allow the permittee to alter die provisions of these Conditions for operation. This authorization shall be limited in extent and time to that needed for correction of the situation. ,i Availability of and Access to Records. The permittee shall make copies of all reports which must be submitted to regulatory agencies available to the public at the BMPC during normal business hours by appointment except in an emergency. The pennittee shall allow access to the BMPC and to all operation records by the CCDD and any government agency responsible for monitoring die facility or its operation. This access shall not require prior notification. .6 Material Reports. The permittee shall submit monthly reports on (a) the amount, generator type and jurisdiction of origin of all waste and materials received at ;he BMPC as specified by CCDD by facility component as specified in Section 16 6 —1 iF#205-t-92 las mnentdcd) LP022026 mix c(rnsi<lcmuw,on 1;/30/04 Resource Recovery and (b) the amount, composition, and disposition of all materials leaving the BMPC by jurisdiction origin and facility component as specified in Section 16 Resource Recovery. These reports shall be made available upon request to the CCDD. .7 Waste and Materials Composition. The permittee shall provide data on the composition of waste and materials received at or leaving the BMPC, as required by the CCDD, if a contract or agreement is in effect, to establish compliance with state or federal diversion requirements for each jurisdiction served by the BMPC. 8 Monitoring and Inspection. All monitoring reports and results of regulatory inspections and a summary of daily inspection reports shall be made available to the CCDD upon request. Any indication of an emergency or other serious problem relating to public health and safety shall be immediately reported to the appropriate emergency response agencies. .9 Illegal Dumping Hot Line. In accordance with Mitigation Measure 4-5 of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR, the permittee shall, in cooperation with the County and City, provide a 24-hour hotline to receive comments and complaints from concerned parties, unless the County or City has provided a hotline for this purpose. The line need not be staffed or exclusive, but roust be able to log calls. Response to complaints, as appropriate, shall be as described in Condition 25.9. .10 Local Advisory Committee. The permittee shall make a good faith effort to organize a local advisory committee, consisting of neighbors (i.e., representatives of the North Richmond neighborhood and vicinity agricultural and industrial companies) to comment and advise the permittee and the County on tine development of the BMPC and its operations. The use of the existing North Richmond Municipal Advisory Council is encouraged for this purpose. If a committee cannot be organized, the operator shall hold a series of meetings in the locale. Meetings with tine committee, or invited local residents, shall be initiated following the approval of a Land Use Permit and shall be held at least quarterly through die first year of operation, and upon demand for the following two years of operation. The Board may extend the life of the committee. Additional meetings may be called by the Chair of the committee or by written request of` three or more committee members. The advice of the committee shall be sought on such subjects as traffic, noise, odor, litter and landscaping matters. The CCDD shall be notified at least ten days in advance of all meetings. The local advisory committee formed under Condition of Approval 6.10 of Land Use Permit 2053-92 for the IRRF CPI' 7 LTA'#20534-92(w%wimnded) LP022026 for consideration on 11130(04 may serve to fulfill this condition. .11 Insurance and/or Bonding. The permittee shall provide the insurance and bonds specified by the units of government having approval authority over the project. .12 Notification Program. The permittee shall prepare and implement a program, subject to the approval of CCDD,to notify users of the BMPC of its opening, hours, and conditions of use. .13 Pre-Annexation Notification. If the permittee decides to request annexation of the BMPC to a city,the owner shall notify the Board at least 60 days in advance of filing any application for such annexation. The Board may require tie permittee to consult with it or County staff to determine how solid waste management programs specified in these Conditions of Approval, or other agreements with the County, would be carried out subsequent to annexation. .14 Development Coordinator. The permittee shall provide a fund to support a County staff member and/or a consultant in the administration of this land use permit. The permittee shall provide such information as the Development Coordinator may require to review plans and installations under the punlew of the County. Tlus Condition may be fulfilled by Condition of Approval 6.14 of Land Use Permit 2053-92 for die IRRF CPF and/or by a joint program with the City of Richmond. .15 Compliance with Implementation and Mitigation Monitoring Program. The permittee shall fund the County staff's monitoring of compliance with die Land Use Permit Conditions of Approval (Implementation) and die adopted Mitigation Monitoring Program. .16 Host Community Mitigation Fee. In accordance with Mitigation Measure 4-5 of file WCCSL Bulk Materials Processing Center and Related Actions Prglect LIR, die permittee shall pay a mitigation fee of an amount to be determined by the applicable permitting audlority(ies). The "Memorandum of Understanding By and Between the City of Richmond and die County of- Contra Costa Regarding Solid Waste Transfer Facility Host Community Mitigation Fees", approved by the City and die Board of Supervisors of Contra Costa County, implements Mitigation Measure 4.5, provides for the joint imposition of-die Mitigation Fee irrespective of die location of- die WRC and other BMPC operations, and provides for the joint administration of' die mitigation funds for the benefit of the host community as identified in the DEIR. Mitigation funds shall be used, as described in die DLIR, for die benefit of die lost community. The Memorandum of Understanding (MOI) states that the Mitigation Fee is to be S 1,1111#20,51-92(;once;ded) I.P02202$for mnsideraiioi:on:1/30/01 collected on all solid waste and processible materials received at the facility (all BMPC operations including the WRC except those materials which are disposed of in the WCCSL). The amount of the Mitigation Fee for all solid waste transferred to other Republic landfills shall be the same as the Solid Waste Mitigation Fee currently collected at the Central IRRF of $12.76/ton, as adjusted pursuant to the Consumer Price Index ("CPI"), for the San Francisco-Oakland-San Jose Area,All Urban Consumers index The amount of the ':Mitigation Fee for all other materials processed at the BMPC (except those materials which are disposed of in the WCCSL) shall be known as "the Processibles Mitigation Fee" and shall be $0.75 per ton (as adjusted annually pursuant to the CPI described above) if the rate charged by Republic (permittee) and/or its Contractor(s) is more than $10.00 per ton (as adjusted annually pursuant to the CPI described above) or 7% of the gross revenue received by Republic (permittee) and/or its BMPC Contractor(s) if die rate charged is less than or equal to $10.00 per ton (as adjusted annually pursuant to the CPI described above). If the CPI index described above is discontinued, the Richmond City Council and the Contra Costa County Board of Supervisors shall select a comparable index. The permittee is not, and shall not, be authorized to offer to permittees' customers pricing for combined or "bundled" services with services to process materials at the BMPC such that perittee's pricing of said services could be designed to circumvent the imposition of the Processibles Mitigation Fee on processible materials as provided for herein The Mitigation Fee monies collected from the permittee will be paid to the County, held in a dedicated separate account, and jointly administered by the City and County for die benefit of the incorporated amid unincorporated North Richmond area. The MOU states that it shall be coterminous with the operation of the BMPC, except that upon operation ceasing at the BMPC, the MOU shall continue until all of the funds collected are expended for the benefit of the host community. 7. I-AND USE PERMIT CONSTITUENTS I Initial Development and Improvements Plan. The Initial Development and Improvements Plan approved by this Conditional Use Permit and subject to these Conditions of Approval shall consist of the following schematic plans and studies included in the permittee's Lind 1<.ise Application dated July 23, 2004; the revised Unid Use Application dated August 3, 2004; the supplemental project description report entitled "Land Use Permit Application", dated August 2004; the plan set received August 27, 2004; the supplemental submittal entitled "Land Use Pen-nit 0 LLIY#20,54-92(�wncu ed) L13022026 for consideration on 11/30/01 Application Additional Information Septernber 2004" (received September 17, 2004), and the revised plan set received September 17, 2004, consisting of die following: (a) Site Flan (b) Waste Recycling Center Plan (c) Composting Facility Plan (d) Concrete/Asphalt Processing Facility Plan (e) Soil Processing/Reclamation and Biosolids/Dredged Material Spreading Plan M Wet/Powdery Material Blending(Waste Solidification) Plan (g) Site Circulation Plan (h) Public Access'frail Plan (i) Grading Plan 0) Larulscape Plan (k) Drainage, Erosion,and Sediment Control Plan (1) Litter Control Program .2 Regulatory Agency Approvals. Subsequent to tie approval of thus Conditional I1sc Permit, the perrnitiee shall obtain approvals from die regulatory agencies having .jurisdiction over the project, and obtain their detailed requirements for constructing, serving and operating the facility. The permittee shall notify the CCDD il-proposed or adopted conditions or requirements do not appear to be consistent with this Conditional Use Permit or the WCCSL Bulk Material Processing Center and Related Action Environmental Impact. Report. The approvals include, but are not limited to the following: Prior to Construction: (a) General National Pollution Discharge Elimination System (NPDE S) Industrial Activities Permit from the San Francisco Regional Water Quality 10 -171'#2054-92 Eu mnendcd? 1,1";22026 Jor c mitIt mum on 3!/m/o-1 Control Board (SFRWQCB). (b) Authority to Construct from the BAAQ1MD. Prior to Operation: (a) General NPDES Industrial Activities Permit(SFRWQCB) (b) Permit to Operate from the BAAQMD. (c) Solid Waste Facilities Permit from the Local Enforcement Agency, with concurrence of the California Integrated Waste Management Board. .3 Final Development and Improvements Plan. Subsequent to the approval of the Fuld Use Permit and prior to the commencement of any construction, the permittee shall submit a Final Development and Improvements Plan (FDIP) to the CCDD and obtain its approval. The FDIP shall be consistent with the project approved by the Land Use Permit, but prepared to a level of detail appropriate for the review of engineering and construction proposals. It shall be consistent with the project's Initial Development and Improvements Plan, Environmental Impact Report (EIR) findings, Land Use Permit application, and these Conditions of' Approval. The FDIP shall include: (a) A Site Development Plan (b) A Resource Recovery Program, as described in Section 16. (c) A Landscaping Plan, as described in Section 18. (d) A Transportation and Circulation Plan,as described in Section 19. (e) A Site Services and Utilities Plan, as described in Section 20. (f) A Drainage, Erosion and Sediment Control Pian, as described in Section 21. (g) A National Pollution Discharge Elimination System Stormwater Permit, as described in Condition 7.2(a). (h) Seismic Design, as described in Section 22. (i) A Litter Control Program, as described in Section 25. 11 LUT#2054-92(ac,unended) LP022026 for consideration on 11/30/04 .4 Phased Approval and Phased Construction. In reviewing the FDIP, the CCDD may provide for pleased approval and subsequent phased construction of the project. .5 Revisions to Final Development and Improvements Plan. The FDIP may be revised to reflectchanges in facility operation due to changes in applicable local, state and federal laws and regulations. All revisions to the I DIP shall be reviewed and approved by CCDD. 8. ELIGIBLE MATERIAL,TRANSPORT VEHICLES I Eligible Vehicles. The permittee shall admit only the following transport vehicles to the facility: (a) Self-hauler and commercial vehicles conveying eligible loads. (b) Large-capacity trucks originating from the IRRF CPF site carrying eligible loads. (c) Packer, drop-box, and other collection service solid waste collection vehicles. (d) Vehicles hauling recyclable materials to and from the facility. (c) Vehicles used for the transfer of residual waste to or from die. IRRF CPF o_- a permitted landfill. 9. ELIGIBLE AND INELIGIBLE MATERIAL I Eligible Material. The permittee may accept die following bulk materials destined for recovery and processing at tine BMPC: (a) Concrete and asphalt (b) Woodwastc and yard debris. (c) Limited residual waste as provided in Condition 9.4 below. Materials destined for the Waste Recycling Center facility, biosolids and dredged materials, and wet/dusty material as chfined by the City CUP 1101132 may be transported through the I3MI'C. 12 LUP#2054,92(cu uncrdcd) I,11022026 for consid raii>n ox1 1 J/M/01 .2 Ineligible Wastes. The permittee shall not allow the following wastes to be received at the facility: (a) Municipal solid waste other than inert and organic material intended for recovery. (b) Designated Wastes, as defined by Section 2522 of Article 2 of Chapter 15, Title 23, of the California Code of Regulations. (c) Infectious wastes and untreated medical wastes. (d) Hazardous and toxic wastes (e) Radioactive wastes. .3 Special Handling of Wastes. The following wastes may be received only in compliance with applicable regulations or the following conditions. (a) White goods (appliances) must be handled under a CFC removal program that is in compliance with applicable regulations and approved by CCDD and LEA. (b) Tires must be handled and disposed in accordance with applicable laws and regulations, including Section 17355(a) of Tide 14 of the California Code of Regulations. (c) Utility sludges, dredged materials, and other wet wastes must be handled in accordance with the Mitigation Measures, and Control Measures Incorporated by Applicant, identified in Impacts and Mitigation Measures 11-7, 11-8, and 11-9 of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. (d) Universal Waste must be handled according to current regulations. (e) Powdery wastes must be handled in accordance with Control Measures Incorporated By Applicant (n), (o), and (p) listed in Impact and Mitigation Measure 10-2 of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR,page 10-20. .4 Residual Waste Management Program. The permittee shall prepare and submit a Residual Waste Management Program for approval by the CCDD. The program 13 LUP#205,1.92(as minded) I.P022026 for consideration on 11/80/04 shall address the amount and disposition of non-recyclable residuals and the recycling of` other residue materials generated by operations at the facility. The County may impose a cap on the amount of residuals allowed to be landfilled. It is contemplated that iron and steel will be the recyclable residues. 10. LOAD INSPECTION .1 Eligible Loads. The permittee shall prepare and implement a program for checking loads at the WCCS4BMPC gate house. The load 'inspection program shall include inspection for smoldering loads, hazardous and other ineligible wastes, and the procedures for their handling and disposal. The program small be approved by the CCDD. The program may be operated in conjunction with die load inspection program required in City CUP 1101132. 11. MATERIAL TRACKING I Scales. The permittee shall utilize the scales at the WCCSL to weigh incoming and outgoing vehicles. A weighing program, approved by the CCDD and Director of' Weights and Measures, shall be implemented to monitor material tonnage and origin. The program may be operated in conjunction with the tracking program required in City CUP 1101132. The Director of' CCDD may exempt personal vehicles, autos and small trucks from die weighing program. 12. OPERATING PARAMETERS 1 Vehicle Operations. Operations of eligible vehicles on-site shall be allowed 24 hours per day, seven days per week. .2 Operating Days. The BMPC shall remain open for business seven days a week, excepting Christmas,Thanksgiving,Fourth of July, and New Year's Day. .3 Hours Open to the Public. The BMPC shall remain open to the public until 5:00 pm,unless this is precluded by conditions at the landfill. .4 Processing Activity Hours of' Operation. For die purposes of' this condition, "processing activity"shall include, but not be limited to, the loading and unloading of' material, processing of nnaterial (crushing of concrete and/or asplialt,wood chipping or grinding, transporting of' material within site boundaries, etc.), and any other manipulation of materials. Processing activities at die facility are limited to the following schedule: 14 U 11'U205-1-92(as une:dei) I1 C22C2fi for covside:aut»:m 1 1/30/01 (a) Concrete and/or asphalt processing: 5:00 am to midnight, Monday through Saturday. (b) Chipping and grinding green materials and wood: 5:00 am to midnight, 7 days/week. (c) Composting processing: 5:00 a.m. to midnight, 7 days/week. (d) The Director of CCDD may administratively shorten or extend the hours of operation prescribed above. This action shall be taken only after consultation with the permittee and the LEA.. To shorten the hours of operation, the Director of CCDD shall find that the changes are needed to mitigate substantial noise, traffic, or similar impacts arising from the operation of the facility which were not known when this Land Use Permit was adopted. To extend the hours of operation, Director of CCDD shall find that the longer hours will not cause traffic, noise, glare, or similar impacts of facility operations to substantially increase in the vicinity. .5 Exemptions. The permittee may request in writing, and the Director of CCDD may grant,exemptions to Conditions 12.2, 12.3,and 12.4 for specific times for cause. .6 Operations Information. The permittee shall post a sign at the BMPC entrance, which notes the days and hours the facility is open to receive materials, and open to self-haulers. The sign shall also note the days the facility is closed due to holidays. .7 Maximum Daily Quantities. The BMPC may receive the daily maximum quantities of materials listed below (as specified in Table 3-3, page 3-15 of the WCCSL Bulk Materials Processing Center and Related Actions EIR). Recovery and diversion rates for these materials are listed in Condition 16.1. (a) Green waste,organics and wood waste at the organics processing area: 1,134 tons/day(TPD) (b) Concrete and asphalt materials: 2,026 tons/day(TPD) .8 Maximum Storage Capacity. The BMPC may have onsite at any given time the following maximum quantities of materials:, inclusive of this Land Use Permit and City CUP 1101132: (a) Wood wastes: 10,000 CY or 25,000 tons of unprocessed wood waste in 15 I.UP#2059-92(as miiended) 13'022026 for misideratian on 11130/09 storage; 55,000 CY or 22,000 tons of shredded wood and mulch products in storage. (b) Compost Materials: 150,000 CY or 56,000 tons of materials undergoing composting;32,000 CY or 12,800 tons of unscreened compost in storage. (c) Concrete: 110,000 CY or 175,000 tons of unprocessed broken concrete or asphalt rubble 41 storage; 60,000 CY or 95,000 tons of crushed concrete and asphalt products in storage. .9 Additional operating parameters include: Composting: (a) Compost windrows shall be maintained at sufficiently low heights to help avoid spontaneous combustion of the composting materials. Wood waste and other shredded material shall be kept in separate piles. Windrows shall be turned with sufficient frequency, or otherwise aerated, to avoid elevated composting temperatures and attendant risk of auto-combustion. (b) Composting facility operators shall monitor the carbon/nitrogen ratio of the material added to the windrow and assure aeration through appropriate means such as frequent turning and/or use of the aerated static pile technique. (c) Odors caused by composting of food waste shall be controlled through implementation of Mitigation Measure 10-5 in the EIR for the WCCSL Bulk Materials Processing Center and Related Actions Prgject, as well as the following Control Measures Incorporated by Applicant identified in Impact 10-5 of the EIR: (l.) The Applicant would work with the ITA to assure facility compliance with the odor impact minimization plan (GIMP) required by 14 CCR, Division 7,Chapter 3.1, Section 17863.4. (2.) hood processing industry materials would be rapidly incorporated (within hours) with other compostible materials, shredded :materials, or compost. (3.) The windrows would be turned on an average of twice per week, or otherwise aerated, to maintain aerobic conditions. 16 U iP#2055'-92(:u suit uled) IT022026 lir,consideration on.11/30/().1 1 _.......................................................... (4.) A monitoring program would be implemented to track die composting process and implement operational adjustments as necessary. (5.) The operations areas would be regraded as needed to ensure drainage and prevent ponding of compost leachate. (d) The Applicant shall screen materials in loads brought to the BMPC for dle presence of potential pollutants, use defined grading and silt barriers to control silt, direct runoff over grassy surfaces, and shall comply with the requirements of the SFRWQCB and CIWMB for runoff to the runoff- control pond. (e) The Applicant shall cooperate with the Bay Area Air Quality Management District, the City, and the County to identify and implement measures to minimize PMI- emissions. This shall include, but not be limited to, implementation of Mitigation Measure 10-2 in the EIR for the WCCSL Bulk Materials Processing Center and Related Actions. (1) The potential for airborne bioaerosols and endotoxins during composting shall be controlled by die following Control Measures by Applicant identified in Impact 11-6 of the EIR: (l.) In the absence of rain, water shall be applied at least twice daily, more often when windy,on internal roads for dust control purposes. (2.) Green waste, wood waste, and composting materials shall be watered as unloaded. (3.) Green waste, wood waste, and composting materials shall be pre- screened to avoid dusty materials. (4.) Water spray shall be applied during the shredding process to wet the material being shredded. (5.) Water shall be applied on die compost windrows and pathways prior to aeration (turning). (6.) Finished stabilized compost shall be screened and loaded during low wind speed conditions (less than 20 mph); handling of compost shall be suspended if the wind speed increases (above 20 mph). 17 LUT#2031.92(ws mnended) LP022026 for consideration on I i/30JOh (7.) Heavy equipment shall have enclosed cabs for operators, and other employees shall be required to use dust masks as necessary. (8.) Wind fences and berms shall be strategically located in the Organics Materials Processing Area to reduce wind effects and control wind erosion. (g) The Applicant shall comply with federal and state regulatory standards for compost operation, pollutant concentrations, pathogen reduction, monitoring,record keeping,and reporting. (h) The Applicant shall comply with applicable Federal rules and revised California rules regarding composting and control of the plant pathogeli Phytophthora ramorum, the causative agent of' Sudden Oak Death. If finished compost or mulch are transported out of the quarantined area, a Compliance Agreement would be executed with die County Agricultural Commissioner at the required time and specified conditions therein would be followed. 13. CONSTRUCTION CONDITIONS 1 Construction Defined. For the purposes of this Land L1se Permit, "construction" is defined as those activities which encompass the startup of equipment, preparation of the site (e.g. movement of earth and grading), installation of utilities, erection of structures and improvements to the site (e.g. landscaping, fencing and placement of berms). Maintenance, repair and servicing of equipment are not considered construction activities. .2 Hours of Construction. The permittee shall restrict outdoor construction activities to the period from 7:00 a.m. to 6:04 p.m., Monday through Friday. .3 Exemption. The permittee may request in writing, and the Director of Community Development may grant,exemptions to Condition 13.2 for specific times for cause. .4 Construction Approvals. Written authorization by the CCDD is required before construction may commcnce. These authorizations may be issued in a phased manner (see Condition 7.4). .5 Dust Suppression. See Condition 23.4. .6 Storm Water Discharge. See Section 21. 18 LTM'02051-92(as mnendcd) 1Y022026farmnsider W)sionII/30/0.L .7 Construction Debris. The permittee shall recycle, or cause to be recycled, as much of the construction debris as feasible and dispose of the remaining debris in a permitted landfill. .8 Construction Noise, See Section 24.1. 14. EQUIPMENT ACTIVITY AND MAINTENANCE 1 Equipment Activity and Maintenance. The permittee shall maintain BMPC equipment in optimum working order. Equipment shall be shut off when not in use with the exception drat diesel engines shall be allowed to idle rather than start up and shut down frequently. Equipment shall be stored, serviced, and repaired in a maintenance area designated in the Final Development and Improvements Plan and approved by the CCDD and City. Maintenance records, subject to review by both the CCDD and City,shall be kept on all pieces of facility equipment. .2 Containment features. Vehicle washing areas and maintenance structures shall be designed to ensure containment of liquids. All liquids collected from these areas shall be treated as required by WCCSD or other applicable regulations. 15. SITE DESIGN PLAN 1 Site Design Plan. The permittee shall prepare and submit a Site Design Plan to the CCDD and obtain approval prior to beginning construction. The Plan shall show boundary lines and shall show facility locations and installation specifications based on final engineering and construction plans. The flan may reflect the phasing of die project and shall include: (a) Final site contours. (b) On-site road locations and construction specifications. (c) On-site processing areas and construction specifications. (d) Building locations,if any. (e) Entrance facility location and specifications. (1) On-site rights-of-way and easements. (g) Nater, sewer, and other utility installations, unless shown on a separate 19 LUP#205=1-92 t uzzencled) 1,11022026 for cwsidem6on on 11/30/04 utilities service plan. (11) Areas for material storage and handling. 16. RESOURCE RECOVERY .1 Resource Recovery. Table 3-4., pages 3-26 of the WCCSL Bulk Material Processing Center and Related Actions EIR quantifies how the BMPC project, as proposed and evaluated in the EIR, could divert or beneficially reuse 78 percent of incoming waste from landfill disposal. The permittee shall implement the BMPC beneficial reuse programs and use its best efforts to attain die°postulated diversion or beneficial reuse rates, as expressed in tolls, identified in the EIR. The permittee shall document the beneficial reuse as specified in Sections 6.6 and 6.7. Maximum daily quantities of materials received at these facilities are identified in Condition 12.7. Percentage rates refer to the percentage of material brought in that is beneficially reused: (a) Bulk Materials Processing Activities: Percentage rates refer to tie percentage of material brought in that is beneficially reused: (1) Composting: 90 percent beneficial re-use (2) Wood waste recovery: 90 percent beneficial re-use (3) Concrete/asplialt processing: 100 percent beneficial re-use .2 Best Efforts. "Best Ell'orts" as used herein means the permittee shall use available economically feasible means to maximize diversion of recyclable materials from landfill disposal. CCDD and permittee shall review permittee's efforts to remove recyclable materials from the waste stream as needed. .3 Diversion or Beneficial Reuse Rate Adjustments_ After operating experience is gained at the BMPC, permittee may request from the CCDD diversion or beneficial reuse rates adjustments based on actual data on material received and beneficially reused by each individual facility component. 17. BARGE TRANSPORTATION PROGRAM 1 Program Development. If permitted by the appropriate agencies, the permittee may develop a barge transportation program, including related facilities, to promote the 20 I IT 82tl5FES)2 foe unendc(D LP022026 for mnsi(ieriw)n on!1J3o(o.t hauling of recyclable materials via the San Francisco/San Pablo Bay water transportation network.. The program shall use the existing mooring site identified in the IRRF EIR and shall be limited to one barge trip per day. The program shall be consistent with the IRRF EIR findings and these Conditions of Approval, and be subject to the following conditions. .2 Lighting. The permittee shall design and locate the lighting system for the barge unloading area to not substantially impact shoreline vistas. .3 Barge Docking Facility Plan. The permittee shall prepare and submit for approval by the CCDD a Barge Docking Facility Plan prior to construction. The plan shall include the following: (a) Design and materials for mooring dock improvements, including the mooring posts. (b) Design and materials for uploading platform. (c) Design and materials for retaining walls adjacent to the mooring site. (d) Guidelines for transport and Ioading/unloading activities, including high windstorm conditions,night navigation and barge speed restrictions. 18. LANDSCAPING, SIGNAGE, AND LIGHTING 1 Landscaping Plan. The permittee shall prepare and submit a Landscaping Plan of the entire site, to be approved by the CCDD, prior to submitting the plan to the CIWMB and LEA as part of the Closure/Post Closure Maintenance Plan. The permittee shall install and maintain the approved landscaping. The plan may be approved and installed in phases. (a) The applicant shall prepare a final landscaping and irrigation plan, identifying quantities, species, sizes and locations of plantings,and locations, types, sizes, and quantities of irrigation fixtures, to be submitted to and approved by the CCDD. (b) The final landscaping and irrigation plan shall include native plants where appropriate, and shall identify alternatives to dhe planting of eucalyptus trees. (c) The final landscaping and irrigation plans shall be consistent with Mitigation Measure 9-1(e) of die WCCSL Bulk Materials Processing Center and Related Actions Final EIR, regarding prohibition of installation of' trail 21 LUP ii2034-92 W:upended) LP022026 for consideration on 11/80/04 improvements and landscaping on the levee during the nesting season for salt marsh dependent bird species. (d) The final lanndscaping and irrigation plan for the Public Access Trail shall include a detailed trail design, to be prepared by a landscape architect, and shall identify trail design characteristics, pause points, locations of benches, refuse bins, location of signage, trail landscaping, and other relevant:features of the trail. .2 Signage. The applicant shall prepare a final signage plan, identifying quantities, types, sizes and locations of signs at the landfill, including interpretive and instructional signs on the Public Access Trail, to be submitted to and approved by the CCDD. The final signage plans shall be consistent with Mitigation Measure 9- 1(b) of the WCCSL Bulk.Materials Processing Center and Related Actioins Project. EIR regarding signage along the Phase 3 segment of tine Public Access Trail, Mitigation Measure 9-1(c) regarding signage prohibiting dogs, Mitigation Measure 9- 4(b) regarding signage prohibiting access to Area C, and Mitigation Measure 10-1(g) regarding speed limit signs. .3 Public Access. The permittee shall consult and coordinate with the CCDD, City of Richmond, San Francisco Bay Conservation and Development. Connmission (BCDC) and the .East Bay Regional Parks District (EBRPD) for appropriate landscaping along the Phase 3 portion of the public access trail. This Condition shall be consistent with an approved Closure/Post Closure Maintenance Plan. (Slee Conditions 19.5 and 19.6). .3 Lighting. The permittee shall design and locate the lighting system to reduce glare and to not substantially impact area land uses. The permittee shall install directional shading on all outdoor lamps for night operation. In addition, focused security lamps with directional shading shall be installed as necessary. 19. TRANSPORTATION AND CIRCULATION PLAN I Transportation and. Circulation Plan. The permittee shall prepare and submit a Transportation and Circulation Plan, and obtain the approval of the County Public Works Department (CPWD) and CCDD prior to beginning transportation-related constriction. The"Transportation an(] Circulation Plan shall be submitted as part of the FDIP. The, Plan shall detail tine on-site circulation, including parking, vehicle storage and queueing areas. 2 Preliminary Plan Submittal. Should any public roads occur within tine W CCSL 22 '. i.I1I'k`105�-9`L(:�s aaaaeraiedl ITO22026 im con.,id nuiou cin i 1/3()t(}.j property, the permittee shall submit a sketch/alignment plan to the RPWD, Road Engineering Division, for review showing all public road improvements prior to starting work on the improvement plans. The sketch/alignment plan shall be to scale and show proposed and future curb lines, lane striping details and lighting. The sketch/alignment plan shall also include adequate information to show that adequate sight distance has been provided. .3 Access Route. Access to and from the BMPC site shall be, by vehicle type, via the following routes: (a) Commercial and recyclables haulers from I-80 from the north - I-80, Richmond Parkway, and Parr Boulevard; from the south - I-580, Castro Street,Richmond Parkway, and Parr Boulevard. (b) All vehicle traffic between the IRRIa CPIi and the BMPC site - Pittsburg Avenue,Richmond Parkway,and Parr Boulevard. The permittee shall specify use of the above prescribed routes in all user contracts and shall notify non-contract users of these requirements. A more direct route for local commercial haulers may be submitted for review and approval by CCDD. Exemption from these prescribed routes is allowed if detour routes are in force. A Violation of Prescribed Haul Route. Upon a determination by the County that a user of the BMPC has violated Condition of Approval 19.3 by using a prohibited access route, and upon a written direction by dne County, the permittee shall notify the hauler that a repeated violation will result in removal from the facility's list of approved haulers, or other sanction(s) directed by the County. A system for reporting alleged violations and for monitoring enforcement data shall be established by the County and permittee prior to facility operation. .5 Public Access. The permittee shall implement a public access trail, with landscaping and trail improvements around the perimeter of the site, in accordance with the "West Contra Costa Sanitary Landfill, Inc. Shoreline Public Access Trail Development Plan", contained in Appendix 3K of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. The plans for public access shall implement the public access policies of both die County and City of Richmond as they affect the existing landfill site to the extent that the policies can be accommodated by and do not interfere with die permitted activities and the landfill Closure/Post Closure Maintenance Plan. The permittee may be required to dedicate or reserve for future dedication casement areas on the WCCSL property to ensure the future viability of the County and City of Richmond 23 LUP#2054-92(as wnended) LP022026 for coniderauon on 11/30/0,. public access policies. .6 Public Access Trail Maintenance. The permittee shall be responsible for maintenance of the trail, as described in Appendix 3K, section 11.2 of the WCCSL Bulk. Materials Processing Center and Related Actions Project ETR. WCCSL, Inc.'s, responsibility for trail maintenance will remain in full force so long as there are business ventures operating on the WCCSL property whether these business ventures are operated by WCCSL, Inc. or its successor. In the event that WCCSL, Inc. or its successor is no longer operating any businesses on the property, then all private fiscal responsibility for the Trail will cease. In the event that WCCSL. Inc. or its successor is no longer fiscally responsible for the maintenance of the Trail, WCCSL or its successor will meet with the County, City of Richmond,ABAG Bay Trail staff, and Trails for Richmond Action Committee to discuss funding source alternatives before any closure of the trail. Construction and maintenance of the trail shall be in compliance with the following conditions: (a) The muiimum width of the trail shall be 12 feet. (b) Bogs shall not be permitted on fixe Trail, i t accordance with Control Measure Incorporated by Applicant 9-1 (a), identified in Impact and Mitigation Measure 9-1 of' the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. (c) Ali interpretive program shall be implemented explaining the sensitivity of due surrounding marshland habitat, in accordance with Control Measure Incorporated by Applicant 9-1 (b), identified in Impact and Mitigation Measure 9-1 of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. (d) The Trail (Barrier) Planting Recommendations developed by Environmenl<zl Stewardship 8c Planning shall be implemented to control the spread of invasive exotics and to establish a protective bufler of' native vegetation: between tic proposed Trail alignment and adjacent marsh and open water habitats, in accordance with Control Measure Incorporated by Applicant 9.1 (c), identificd in Impact and Mitigation Measure 9-1 of` the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. (e) The interpretive program proposed by the Applicant shall be developed III consultation with the Bay Conservation Development Commission (BCDC) and California Department of Tush and Game (DI{G) to educate Trail users of the 24 Ll 11'#2054-42(as run m&d) T,M220261'or cousidcratiou on i 1/-30/0 sensitivity of the marshland and open water habitat to wildlife, the prohibition on take and harassment of special-status species, and the requirement of staying on the Public Access Trail to minimize disturbance to sensitive wildlife, in accordance with Mitigation Measure 9-1(a) of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. (f) Adequate controls shall be developed as part of the interpretive program to prevent human access into the San Pablo Creek Marsh habitat along 600 feet of the Phase 3 segment of the Trail north of the WCCSL, in accordance with Mitigation Measure 9-1(b) of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. This may require use of exclusionary fencing, and shall at minimum include installation of permanent signage at 100 foot intervals which states: No Trail Access Sensitive Wildlife Habitat Visitor Access Prohibited (g) Dogs shall be prohibited from using the Trail, in accordance with Mitigation Measure 9-1(c) of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. Permanent signage shall be installed as part of the interpretive program at the trailhead and as separate permanent signs within 100 yards of the beginning of the northern and southern trail segments explaining the sensitivity of the area and clearly state "No Dogs Allowed." Signage shall refer users to other local shoreline parks where dogs are permitted (e.g. Berkeley Shoreline Park, Point Isabel). Experience gained from operation of the Trail shall be used by the appropriate entities to determine whether additional enforcement measures are necessary and possible funding mechanisms. (h) As directed by appropriate agencies, the Applicant shall cooperate with efforts on predator control of feral cats, dogs, and red fox, in accordance with Mitigation Measure 9-1(d) of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. (i) All construction activities on the levees, including installation of any Trail improvements and the barrier landscape plantings, shall be prohibited during the nesting season for salt marsh dependent bird species, from February 1 through July 31, in accordance with Mitigation Measure 9-1(e) of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. 6) Trail improvements shall be restricted to uplands, the tops of existing levees, and die existing roadway along the south side of San Pablo Creek to minimize 25 LUP#2051-92(.1s unended) LP022026 for consideration on 11/30/06 further disturbance in the adjacent marsh and riparian habitats, in accordance with Mitigation Measure 9-1(f) of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. (k) The Phase 4 alignment of the Trail shall be eliminated from die proposed Project to avoid die required disturbance to shoreline habitat on this portion of the site and prevent die potential disruption to wildlife habitat and movement along the existing isolated levee segment, in accordance with Mitigation Measure 9-4(a) of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. (1) Permanent signage shall be installed as part of the required interpretive program at the southern end of die levee along die west side of Area C which deters visitor access to this segment of the levee, in accordance with Mitigation Measure 9-4(b) of' the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. The signage shall be installed at 20-foot intervals across die width of die levee, within 10 yards of die point where the levee narrows north of the proposed kayak staging area. The signage shall state: No Trail Access Sensitive Wildlife Habitat Visitor Access Prohibited .7 Paying for Public Access Trail Damage Due to Vandalism. The permittee shall be responsible for repairing damage to die trail due to vandalism as described ill Appendix 3K, section 11.3 of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR. WCCSL, Inc. shall fund up to$5,000 per year for the repair or replacement of items damaged by vandalism. if during die course of any calendar year die estimated cost of repairing or replacing damage caused by vandalism exceeds $5,000, experience gained from the operation of the Trail shall be used for WCCSL to convene a meeting of die County, City of Richmond,ABAG Bay Trail stall, and Trails for Richmond Action Committee to determine whether- additional enforcement measures are necessary and possible and to determine possible funding mechanisms for the'frail. .S Onsite Parking. The permittee shall provide adequate parking outside of' the proposed private road easement. The applicant.shall also provide adequate queuing at the project entrance to minimize the impacts on traffic on the adjacent roadway. .9 Turnaround Requirement. The applicant shall provide an adequate turnaround for anticipated vehicular traffic, including trucks. 26 UT#2031-92(ate amended) I.P022026 for considerium ou 11/30(04 .10 County Encroachinent Permit. The permittee shall obtain an encroachment permit from the County PWD for construction of driveways, or other improvements within the right of way of any public roads within the unincorporated County area. .11 Road Maintenance Agreement. The property owner shall develop and/or enter into a maintenance agreement with the other property owners that will use the private portion of the Parr Boulevard extension traversing this property, to ensure its maintenance. .12 Acquisition of Necessary Property Rights. The permittee shall furnish proof to the County PWD, Engineering Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent,road and drainage improvements. 20. SITE SERVICES AND UTILITIES PLAN .1 Site Services and Utilities Plan. The permittee shall prepare and submit a Site Services and Utilities Pian, and obtain the approval of the CCDD and concerned agencies (East Bay Municipal Utilities District, Pacific Gas and Electric, WCCSD, and CC/WCFPD) prior to beginning construction, where applicable. The CCDD shall give final authorization to begin construction for each phase after receiving evidence of the requisite approval(s) from these agencies. This plan shall be part of die Final Development and Improvements Plan and ilnclude the following: (a) A Fire Protection Component(Conditions 20.2- 20.8). (b) A Water Service Component(Conditions 20.9-20.11). (e) A Wastewater Component(Conditions 20.12-20.13) .2 Fire Protection Component. The permittee shall develop and implement a Fire Protection Component for the BMPC meeting the requirements of the CC/WCFPD to contain and extinguish fires originating on the facility property. The program shall be coordinated with and may become part of the Fire Protection Plan required by Cit37 CUP 1101132. The program shall be subject to the approval of die CC/WCFPD and CCDD. The Fire Protection Component shall address, but not be limited to, die following: (a) Fire protection and suppression measures, including location of fire hydrants,firebreaks, earth piles and compost operation requirements. (b) Fire extinguisher types and locations, nicluding fire extinguishers on facility 27 L111'#2054-92(as mnended) LI'022026 for considtm, on on 11/30/04 vehicles. (c) Machinery and equipment inspection program. (d) Fire control training of employees. (e) Emergency communication system. (0 Access roads. (g) Roof and wall construction to meet fire code. (h) Sprinkler and smoke detector systems. .3 Fire District Permits. The permittee shall apply to and obtain from the CC/WCFPD any District or Department permits which may be required to comply with Fire Code requirements. .4 Assessment Program. The permittee shall participate in the CC/WCFPD'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. Participation in the program may be coordinated with a similar program if required in City CUP 1101132. .5 Emergency Equipment Access. The permittee shall designate access points and routes for local fire protection agency access to all parts of the facility. The access points shall be included in the FDIP and shall be subject to the approval of' the CC/WCFPD. .6 Load Inspection. The permittee shall check incoming loads for smoking or burning materials and potential pollutants, and make provisions for extinguishing or properly disposing of these loads before processing. This load inspection program shall become part of the screening loads program required by Condition 10.1. .7 Smoking Prohibitions. The permittee shall prohibit smoking on the facility except in designated areas. Signs shall be clearly posted. .S Equipment and Cleaning. See Section 14. .9 Water Supply. The permittee shall Rand and install all on-site water supply improvements to the site. The water supply system shall be acceptable b tine 213 Ul T 4205Ai-32(as wicrded) LP022026 to.rousidcrztiou au 11/50/0 EBMUD and the CC/WCFPD as applicable. The permittee shall contact the EBMUD's New Business Office for a water service estimate when project development plans are completed. .10 Use of Reclaimed Wastewater. The permittee shall make every effort to use reclaimed wastewater, should it become available, for landscape maintenance and/or composting operations at the site. Any proposal to use reclaimed wastewater shall comply with all applicable County water conservation ordinances. The permittee shall report on this matter to the CCDD. .11 'W'ater Conservation Measures. The permittee shall incorporate water conservation measures into the construction and landscaping of the site. These measures shall comply with all applicable County water conservation ordinances and be consistent with EBMUD policies and guidelines. .12 Pretreatment Requirement. The permittee shall comply with the drainage and wash water pretreatment requirements of the WCCSD before discharging into the public sewer system. The permittee shall provide the pretreatment of drainage waters indicated by the district. .13 Wastewater Quality. The permittee shall ensure wastewater meets discharge requirements of the WCCSD. 21. DRAINAGE, EROSION AND SEDIMENT CONTROL 1 NPDES Compliance. The permittee shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board,or any of its regional water quality control boards (San Francisco Bay - Region II). These permits require the permittee to eliminate non-stormwater discharges to storm sewer systems; develop and implement a stormwater pollution prevention plan (SWPPP); and, develop and implement an appropriate monitoring program (MP). The SWPPP and the MP shall become part of the FDIP. .2 Surface Drainage System. The permittee shall prepare and implement a system plan for conveying surface drainage water, e.g. rain water, from the facility site, including drainage waters conveyed to a waste water treatment plant, to discharge locations. The system plan shall be included in the FDIP and shall be reviewed by the CP'W'D and reviewed and approved by the CCDD. .3 Drainage Requirements. Unless exceptions are specifically granted, this 29 LIT#2054.92 has uncndcd) LP022026 for consideradon on 13/30/04 development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. Conformance with Division 914 includes the following requirements: (a) Conveying all storm waters entering or originating within the subject property,without diversion and within art 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. (b) Designing and constructing storm drainage facilities required by Division 914 in compliance with specifications outlined in Division 914 and in compliance with design standards of the CPWD. (c) Verifying that all finished floor elevations are above the 100-year flood elevation. (d) The Ordinance prohibits the discharging of concentrated storm waters into roadside ditches. (e) Installing, within a dedicated drainage easement, any portion of die drainage system which conveys run-off from public streets. .4 Waste Discharge Requirements. The permittee shall obtain and comply with any pern-it(s) required by the SFRWQCB to discharge a11d/or reuse water from the runoff-control pond,located immediately south of the WCCSL,in material recovery processes undertaken at die WCCS1-1BMPC site. .5 Erosion and Sediment Control Plan. The permittee shall prepare and implement an Erosion and Sediment Control Plan,which shall be subject to die approval of the CCDD and the CPWD. The Plaii shall prevent substantial erosion of slopes on die- site hesite and reduce the amounts of water-borne materials from reaching surface waters. It shall include die conditions listed below, and shall be included in die Final Development and Improvements Plan. The above conditions may be satisfied by a component of an approved Closure/Post Closure Maintenance Platte for die WCCSL. .6 Primary Grading. The permittee sli dl perform primary grading for elle project's roads, paved areas, building sites, and the construction of any site slopes during the low rainfall season (April 15 to October 15). .7 Seasonal Grading Exemption. If grading must be done during die high rainfall 30 1.1111#205.1-92(ac W—At d) LP022026'ior e01'sidem6o r on 1 11/30/0 season (October 15 to April 15) to assure the facility's availability, the CCDD may authorize grading if it is allowed by the SFRWQCB and/or the California Department of Fish and Game. The CCDD may require special measures such as the use of hay bales, erosion control mulch and installation of ground cloth. .8 Road Drainage Controls. The permittee shall implement drainage controls along permanent site roads, and plant ground cover on stable surfaces, wherever practicable,to limit erosion and facilitate dust and litter control. .9 Ground Cover. The permittee shall plant ground cover on graded areas which are not to be paved as soon as practicable. The ground cover shall be consistent with the Landscape Plan of these conditions and/or the Closure/Post Closure Plan for the WCCSL. .10 Ditch/Swale. The permittee shall line any ditches and swales for conveying surface runoff to prevent water erosion. .11 Floodplain Requirements. The project lies within die 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The permittee should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 90-118) as they pertain to future construction of any structures on this property. .12 Drainage Fee Requirements. The permittee will be required to comply with the drainage fee requirements for Drainage Area 19A as adopted by the Board of Supervisors. .13 Process Waters. Water used to clean tipping floors and liquids drained from solid waste onto tipping floors shall be handled separately from surface waters and processed in accordance with requirements of the SFRWQCB and WCCSD. .14 Infiltration Monitoring. If required by a Closure/Post Closure Maintenance Plan, the permittee shall install infiltration monitoring devices and establish a monitoring program. The installations shall be shown in the Final Development raid Improvements Plan. If excessive infiltration of the landfill or its cap is determined to be occurring, the permittee shall made whatever installations or operations changes that may be specified by any public agency which as jurisdiction under the Closure/Post Closure Maintenance Plan. 22. SEISMIC STABILITY. 1 Seismic Design. The structures, drainage features, operating equipment, and all 31 LIT#2054-92(is unended) LP022026 Ihr consideration on 11/30104 other facility components (e.g., tanks, storage units, and berms) shall be designed in accordance with the adopted Uniform Building Code (latest edition) earthquake design criteria. The permittee shall provide substantiation to this effect in the Final Development and Improvements Plan. The permittee shall submit to the CCDD for thcir review and approval facility designs,which shall be prepared by an independent registered geotechnical engineer and a structural engineer, that will demonstrate that the facility (e.g. all structures, berms, equipment, and materials/waste storage) will withstand the design earthquake, including the potential loss of foundation support resulting from liquefaction of subsurface material and the potential impact from waste or soil settlement. .2 Post-Earthquake Inspection. The permittee shall inspect the project site following an earthquake of such magnitude to have caused damage to the facilities. The post-earthquake inspection report shall be submitted for review and approval to tine CCDD and other appropriate agencies. The permittee shall make all necessary repairs needed to assure the safety of employees and facility users prior to recommencing operation of the facility. 23. AIR QUALITY PROTECTION I Prevention oi'Air Quality Deterioration. The permittee shall comply with the terms of' die Authority to Construct and Permit to Operate entitlements issued by the BAAQMD. .2 BAAQMD Regulations. To the extent that any air quality regulation contained itf these conditions of approval conflicts with the regulations of the BAAQMD, the regulations of the BAAQMD shall govern. .3 Odor Containment. The permittee shall operate the site in a manner that prevents odors from being detected off-site. If odors are reported to the County, or reports are relayed from the BAAQMD, and the source of the odor is confirmed to be the BMPC, the CCDD may require additional physical improvements or management practices, as necessary, to alleviate the problem. The source of the odor shall be identified and corrected. The County shall have the authority to cease operations of all or part ol'the facility to control odors. A similar program required by City CUP 1101132 may satisfy tine provisions of this Condition. All odor complaints shall be logged and investigated by die permittee. 'rhe use of the 24-hour hotline, as required by Conditions 6.9 and 25.9(e), is encouraged for this purpose. All odor complaints received shall be responded to by the permittee <32 UUP#2051-92(as;m�ccu&d) i.P02202G for considcn6.o I o, 11/30/04 within two office working days, detailing the problem and remedial action taken. .4 Dust Suppression. The permittee shall sprinkle or chemically treat graded areas and temporary pavements during construction and operation to control dust. .5 Equipment Repair and Monitoring. See Section 14. .6 Equipment Maintenance and Fuel Efficiency. The pennittee shall maintain and operate motorized equipment to assure maximum fuel efficiency and maintain all other BMPC equipment in optimum working order to control emissions. Equipment shall be shut off when not in use, with the exception that diesel engines shall be allowed to idle rather than startup and shutdown frequently. .7 Cleanup. The permittee shall undertake immediate cleanup of on-site spills that are a source of air pollutants. .8 Air Quality Monitoring. If required by the BAAQMD, the permittee shall install air quality monitoring devices and establish an air quality monitoring program. The installations shall be shown in the FDIP. If excessive air pollution is determined to be occurring, the permittee shall make whatever installations or operations changes that the BAAQMD may specify. 24. NOISE CONTROL I Noise Abatement Program. The permittee shall manage the BMPC in a manner that minimizes impacts to sensitive receptors in the area. If the permittee and/or the County receive noise complaints, noise abatement measures may be required by the CCDD. These measures may take the form of a noise monitoring program to determine whether the facility meets the acceptable exterior noise level standards established in the 1991 County General Plan or WCCSL Bulk Materials Processing Center and Related Actions Final EIR. The location of noise monitoring devices, if required, shall be determined by the CCDD. If operation activities cause the monitored noise levels at the property line of` the selected receptor locations to exceed the DNL standards as set forth in the General Plan, the permittee shall institute noise reduction measures to bring the level within acceptable levels. .2 Construction Hours. See Section 13.2. .3 Facility Vehicles and Equipment. The permittee shall provide BMPC vehicles and equipment with the best available noise suppressing equipment to minimize sound generation during construction and operation. ;33 LUP#2051.92(as amended) LP022026 for eonsiderndon on 11/30/04 .4 Transfer Truck Noise Suppression. The permittee shall require transfer trucks using the facility to be equipped with factory-approved noise suppression equipment, including engine compartment insulation. The permittee shall request in writing 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. 25. CONTROL OF LITTER AND ILLEGAL DUMPING 1 Litter Control Program. The permittee shall prepare and implement a litter control program for the facility to prevent the accumulation of facility-generated litter on and off site. The program shall be approved by the CCDD, and be described in the Final Development and Improvements Plan. This Condition may be satisfied by a similar requirement in City CUP 1101132. The program shall include the conditions listed below. .2 Material Hauler Vehicles. The permittee shall develop an anti-littering program for material hauler vehicles and large trucks using the facility. The program should be established in cooperation with the collection services and commercial (account) firms that will use the facility. The plan shall be submitted in writing to the CCDD before operations commence, and shall be subject to the approval of both CCDD and CPD. .3 Transfer Trucks. The permittee shall Notify all transfer truck operators using the facility that anti-litter screening on transfer vehicles is required. The transfer vehicle operator shall maintain the screens in good working order. .4 Litter Screening. The permittee shall prepare and install a litter screening system of landscaping and/or fencing on the site to prevent litter from blowing off site. The system shall be approved by the CCDD. .5 On-Site Litter Policing. The permittee shall police and remove litter from the facility's perimeter at least weekly. The CCDD may require more frequent policing to control die accumulation of litter. .6 Off-Site Litter Policing. The permittee shall provide weekly litter clean-up of Parr Boulevard from the Richmond Parkway to the facility entrance. The CCDD may require more frequent policing to e01116-01 the accumulation of litter. .7 I-ittering Signs. The permittee shall post signs, as determined necessary by the CCDD, along the access road to the facility noting littering and illegal dumping laws. The permittee shall post signs at the facility entrance noting the hours when the 34 LUN t#265M92(as a�nendc�D I,1`022026 for emsidma km n 11/36/04 facility is open to receive materials. .S Uncovered Loads. The permittee shall inform patrons, through appropriate means including the posting of signs, that all loads arriving at the facility are required to be covered. ,9 Off-Site Illegal Dumping. In accordance with Mitigation Measure 4-5 of the WCCSL Bulk Materials Processing Center and Related Actions EIR regarding pickup of wastes that are illegally dumped off-site, the permittee shall comply with the following provisions: (a) Mitigation Fee. The facility operator shall pay a mitigation fee of an amount to be determined by the applicable permitting authority6es) to defray arinual costs associated with collection and disposal of illegally dumped waste and associated impacts in .North Richmond and adjacent areas (See Condition 6.16). The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF. (b) Agency Coordination. Facility operator shall participate in County or City task forces and pilot programs established to address illegal dumping in North Richmond and adjacent city areas. (c) Off-Site Debris and Litter Policing. The facility operator shall provide weekly debris and litter clean-up of Parr Boulevard from the Richmond Parkway to the facility entrance, and on other access roads as directed by the permitting authority(ies). As needed, the permitting authority(ies) may require more frequent policing to control debris or litter. Cleanup of roads within 6"Hotspot Zones" near the landfill identified in Table 4-3 and Figure 4-5 of the WCCSL Bulk Materials Processing Center and Related Facilities FIR shall be provided as follows: • No later than April 1, 2005, the operator shall put into seMce one 25- yard rearloading compactor truck with a two person crew dei catjd to cleaning up illegally dumped material in North Richmond every Monday through Friday from 8:OOAM to 5:00 PM. • Operator shall accept illegally dumped waste th tLwas;cgllected �n , public right-of-way in the North Richmond area using County or City— vehicles, ityvehicles, free of charge. 35 LUP#2054-92 I.0 azneiided) LP022026 for consideration on 21/30AX • The permitting authority(ies) may redesignate "Hotspots" as needed to respond to changes in littering and illegal dumping over time. (d) Littering Signs. The facility operator shall install and maintain signs doting littering and illegal dumping laws and penalties along Parr Boulevard (the main access road to die facility), and the following other access roads: • Richmond Parkway,from Parr Blvd. to Gertrude Avenue • Pittsburg Avenue,from. Richmond Parkway to 3rd Street • Garden Tract Boulevard, south of Pittsburg Avenue • Market Avenue, from 1 st Street to the S.P.R.R. tracks • 3rd Street,from Market Avenue to Grove Avenue • 5th Street, from Verde Avenue to Chesley Avenue • Battery Street, from Alamo Avenue to Vernon Avenue • Kelsey Street at the S.P.R.R. tracks The permitting authority(ies) may designate other roads for signage as needed. The text on the signage should be subject to the review and approval of the permitting authority(ies). (e) Hotline. The facility operator shall establish an Illegal Dumping Hodine phone number for use by residents and businesses to report incidences of illegal dumping in the North Richmond area, unless a hotline has already been established by the County (see Condition 6.9). The hotline phone number shall be prominently listed on all "littering signs" described un the above Item (d) Littering Signs. Reports or complaints shall be investigated within 24 hours. Verified incidents of illegal dumping of litter or debris shall be collected within 2&It6uf-&--6f verification. (f�f ��.�.,i•z� �kportiig Requirements. The facility operator shall maintain records regarding all complaints/reports and actions taken to respond including locations, dates, and times. Records shall be made available to the County or City upon request. .10 Uncovered Load Surcharge. The permittee shall comply with County Ordinance No. 91-26 to impose a surcharge on uncovered loads arriving at tine facility. The permittee shall inform users of this facility about tine surcharge through posting of signs and a written program (see Condition 25.8). The written program shall be approved by the CCDD. 26. VECTORS .1 Vector Control Program. The permittee shall prepare and implement a vector 36 U T#2051-�Y1(a}:�nendcd) LP022026 For cowidm!iozion 11/30/0 t ............................. .................................................................................................................................................................. _..-._._._.._... control program which shall be submitted to and approved by the CCDD prior to operations. This program may be satisfied by a similar requirement in City CUP 1101132. 27. BIOTIC RESOURCES .1 Biotic Resources Protection. The permittee shall construct and operate the facility in such a manner that ensures, through protection and enhancement measures, that there is no net loss of significant wetland habitat due to construction and operation activities of the BMPC. .2 Habitat Contamination. To prevent habitat contamination by on-site storm runoff or accidental spills, the permittee shall comply with the spill measures listed in Sections 21 and 28. .3 Revegetation. The permittee shall revegetate areas of the site not in use to the extent practical. California native and/or drought-tolerant plant species should be utilized. Revegetation shall be included in the Landscaping Plan and subject to the requirements of an approved Closure/Post Closure Maintenance Plan for the landfill. 28. PUBLIC HEALTH AND SAFETY .1 Public Health and Safety. The permittee shall manage the facility in a manner which does not impair the public health and safety of persons living in the vicinity,or facility users and employees. .2 Public Health and Safety Plan. The permittee shall prepare and submit for approval by the CCDD and WC/WCFPD a Public Health and Safety Plan. The plan shall include an Emergency Plan component to protect the facility and its employees from harm, and to protect the human health off-site in the event of an emergency. This Condition may be satisfied by a similar requirement in City CUP 1101132. .3 Regulation Compliance. The permittee shall 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; and these Conditions of'Approval. .4 Emergency Response Procedure. The permittee shall implement on-site and off- site emergency response procedures, as outlined in dze Emergency Plan, immediately upon a spill,release, explosion, or fire event. 37 LUP#205.1-92(as wnended) LP022026 for consideration on 11/30/04 5 Employee Training. The permittee shall develop and implement training and subsequent refresher training programs covering accident prevention, safety, identification and handling of hazardous materials, first aid, and instruction for use of equipment. The programs shall be subject to the approval of the CCDD. .6 Employee Safety Equipment. The permittee shall provide or require employees to provide safety equipment, such as safety glasses, hard hats, safety shoes, gloves, coveralls, and noise reducers as may be required by union contract, state and federal safety agencies, and the CCDD. .7 First Aid Equipment. 'fine permittee shall provide and maintain supplies located ill easily accessible areas. The first aid supplies shall be consistent with Occupational Safety and Health Administration requirements and subject to tie approval of the CCDD. .8 Emergency Communications. The permittee shall provide radio phones or telephones for employee use to call for medical and other emergency assistance. Phone numbers to use for outside emergency assistance shall be clearly posted in the work areas. The communications system shall be subject to the approval of the CCDD. .9 Equipment Maintenance. The permittee shall prepare and implement an equipment maintenance program which shall be approved by the CCDD prior to the commenceinent of operations. The program shall specify the cleaning frequency schedule to clean vehicles and equipment to reduce the risk of fires. .10 Landfill Gas Impact Prevention. The permittee shall help prevent possible health and explosion hazards due to gas generation at the WCCS4PF and BMPC sites. This preventative program shall include, but not be limited to tie following measures: (a) Continued operation and maintenance of the existing gas collection and control system at the existing WCCSL site; (b) Protection of existing gas collection and control system in the public access areas of the WCCSL site through the use of enclosed vaults and culvert pipes; (c) Placement of' an additional three-foot layer of soil (supplementary to die state-required landfill cap) under the operations area to protect tie landfill cap from heavy equipment damage; 313 U IP N2054-92 W am iwded) LK22026 Por consideration mt 11/30/0 t {d} Monitoring and venting of structures, if such are allowed by permitting agencies, to prevent methane gas accumulation. 29. SITE SECURITY .1 Security Objective. The permittee shall manage the facility in a manner that prevents unauthorized persons from having access to the working areas of the facility 24 hours per day. .2 Security Gate. The permittee shall maintain the gated entrance and exit at the existing WCCSL. 3 Facility Security Barrier. The permittee shall submit a plan for the perimeter security fence around the facility, subject to review and approval of CCDD. The plan shall address fencing of hazardous areas within the facility. .4 Security StafFmg. Private security services may be retained when the facility is not in operation. .5 Safety and Security Lighting. The permittee shall install and operate adequate safety and security lighting. The lighting shall be provided in a manner which minimizes glare to nearby residents and road users. The lighting program shall be covered in the Landscaping Plan. 39 UT#2054.92(as unended) LP022026 for consideration on 11/30/01 t. EXHIBIT B Contra TO: BOARD OF SUPERVISORS Costa n FROM. Dennis M. Barry, AICP 04 SEP 7 P� y County Community Development Director �• � DATE: July 13, 2004 SUBJECT. CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED PROJECT AT THE WEST CONTRA COSTA SANITARY LANDFILL (LP#022026) -STATE CLEARINGHOUSE #2002102057 SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACCEPT Resolution 21-2004, dated July 6, 2004, from the County Zoning Administrator pertaining to the adequacy of the Final Environmental Impact Report(EIR)(see Exhibit A). 2. CERTIFY the Final EIR for the Proposed Amendment of Land Use Permit(LP#022026)for the Bulk Materials Processing Center and Related Actions at the West Contra Costa Sanitary Landfill as being adequate and as having been prepared in conformance with the California Environmental Quality Act. 3. AUTHORIZE the Chair of the Board of Supervisors to execute the Memorandum of Understanding(MOU)between Contra Costa County and the City of Richmond regarding the Mitigation Fee specified in Mitigation Measure 4-5 of the EIR (see Exhibit B). FISCAL IMPACT No impact to the County General Fund. The staff and printing costs related to this Project are recovered from the Applicant (West Contra Costa Sanitary Landfill, Inc.). The proposed MOU between the County and the City of Richmond provides for the joint administration of any avenue generated by the mitigation fee called for by Mitigation Measure 4.5 specified in the Final EIR, this revenue will only be generated if the proposed Project is approved and commences operation. The MOU requires that the mitigation fee revenue collected from the Applicant be paid to the County,held in a dedicated separate account and jointly administered for the benefit of the incorporated and unincorporated North Richmond area (see Exhibit B). CONTINUED ON ATTACHMENT. X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C MtTTEE APPROVE OTHER SIGNATURES WSW ACTION OF BOARD ON �„.� APPROVED AS RECOMMENDED_.OTHER APPROVED the recommendations and DIRECTED staff to work with the Bay Area Quality Management Board with regard to recommendations for the greatest possible mitigations of impacts on the air quality in relation to this project. Speakers: Bruce Beyaert,Trails for Richmond Action Committee,73 Belvedere Ave,Richmond; Lee Jones,North Richmond MAC;and Beautification Committee,200 Willard Ave,Richmond. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: l eldra-1Qinginan:(925l335.i-3224) ATTESTE *80ARDVOF cc: Community Developm6n' t beparttr ent(CDD) EETEN,CLERK OF THE West Contra Costa Sanitary Landfill, Inc. {via CDD} SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY t'):1Facilities-SabattortotSMPCiFHtR Hard Order 7-13-2004.doc CERTIFICATION OF FINAL EIR FOR THE PROPOSED PROJECT AT THE WEST CONTRA COSTA SANITARY LANDFILL July 13,2004 Page 2 of 3 BACKGROUND/REASONS FOR RECOMMENDATIONS This Final EIR evaluates the potential environmental impacts associated with the Project known as the Bulk Materials Processing Center (BMPC) and Related Actions at the West Contra Costa Sanitary Landfill (WCCSL) proposed by West Contra Costa Sanitary Landfill, Inc. ("Applicant") and West County Landfill, Inc. ("Owner"). The WCCSL is a Class 11 sanitary landfill located at the foot of Parr Boulevard located partially within North Richmond and partially within the City of Richmond. Project Overview WCCSL is requesting amendments to its existing land use permits (LUP) for its Bulk Materials Processing Center. These permits were issued in 1993 by Contra Costa County (under LUP No. 2054-92, as amended by LUP 2043-94) and the City of Richmond (under conditional use permit No. 92-53). WCCSL is also requesting to revise the Solid Waste Facilities Permit to allow a maximum of 20 to 30 feet of additional height for the landfill (currently 130 ft. elevation limit) to a new elevation limit of 150 to 160 feet. The proposed changes to applicable land use permits are described below: • Increase the amount and types of compostables processed. • Increase the amount of asphalt and concrete rubble processed. • Discontinue operation of the Soil Remediation Facility, an existing currently permitted facility. • Start-up of a new spreading/drying operation for wastewater sludge and dredged materials. • Start-up of a new soil reclamation/processing operation to combine high moisture content mud and sludges and with dusty materials to create a product suitable for Alternative Daily Cover (ADC), final cover, final cap, or off-site use. • Construction and operation of a transfer station at the WCCSL to recycle, sort, and transfer for disposal waste from self-haulers, industrial debris boxes, and other commercial customers that would not be processed at the existing transfer station operated by West County Resource Recovery, Inc. at 101 Pittsburg Avenue in North Richmond. The Final EIR concludes that the Project would result in significant impacts associated with air quality(an exceedance in allowable PM10 particulate emissions)that cannot be mitigated to a level of insignificance. All other potentially significant impacts identified in the Draft EIR will be mitigated to a level of insignificance. CEQA Process Overview Contra Costa County is the Lead Agency for this Project for the purposes of the California Environmental Quality Act (CEQA). Below is an overview of the significant milestones of the CEQA process that have been completed related to this Project: October 10, 2002 Environmental Impact Report (EIR) Notice of Preparation issued November 1, 2002 CEQA Scoping Session held in North Richmond November 6, 2003 Draft EIR circulated for review, beginning the 45-day public comment period November 25, 2003 Zoning Administrator held a public hearing in North Richmond to provide further opportunity for public comments on the Draft EIR December 22, 2003 End of 45-day public comment period on the Draft EIR June 25, 2004 Final EIR/Response to Comments document released was distributed as required by CEQA July 6, 2004 County Zoning Administrator conducted a closed public hearing regarding the adequacy of the Final EIR Certification of this Final EIR The landfill height increase is a portion of the proposed Project evaluated in the Final EIR. The landfill height increase is the most time-critical component of the proposed Project, therefore staff is recommending certification of this Final EIR separate from consideration of the proposed amendments to the County Land Use Permit. The California Integrated Waste Management Board, as a Responsible Agency under CEQA, requires that their agency be provided with a ............................................................................................................................................................................................................................................................................................................................ CERTIFICATION OF FINAL EIR FOR THE PROPOSED PROJECT AT THE WEST CONTRA COSTA SANITARY LANDFILL July 13,2004 Page 3 of 3 certified environmental document as a part of their application procedures for the proposed landfill height increase. On July 6, 2004, the County Zoning Administrator (ZA) recommended that the Board of Supervisors certify the Final EIR for the Proposed Amendment of Land Use Permit(LP#022026) for the Bulk Materials Processing Center and Related Actions at the West Contra Costa Sanitary Landfill as being adequate and as having been prepared in conformance with the California Environmental Quality Act(see Exhibit A). Furthermore on July 6, 2004,the Zoning Administrator recommended that the Board of Supervisors make the following Findings required by CEQA(CEQA Guidelines§ 15090) related to the certification of the Final EIR: 1. The Final EIR has been completed in compliance with CEQA, and with the State and County CEQA Guidelines; and 2. The Final EIR was presented to the Board of Supervisors, and the Board of Supervisors has reviewed the document and considers the information contained therein to be complete and adequate for the purposes of making a decision on the project; and 3. The Final EIR reflects the County's independent judgment and analysis. Future Public Hearings to Consider Final Decision on Proposed Project Staff expects to schedule separate public hearings in the next several months before the County Planning Commission and the Board of Supervisors regarding the application (LP#022026) to amend existing County Land Use Permit(LUP)#2054-92 (as amended by LUP 2043-94)to allow expansion of existing resource recovery operations and new resource recovery operations at the existing WCCSL site. Consistent with CEQA requirements, the Board of Supervisors will be asked to adopt Findings (CEQA Guidelines§15091), including a Statement of Overriding Considerations(CEQA Guidelines§15093), and a Mitigation Monitoring & Reporting Program (CEQA Guidelines § 15097), prior to reaching a decision on the proposed Project. These actions will be scheduled before the Board of Supervisors in the next several months, in conjunction with proposed Conditions of Approval for the proposed Project. Mitigation Fee MOU with the City of Richmond Mitigation Measure 4-5 of the Final EIR in part requires the facility operator to pay a Mitigation Fee"to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas." The purpose of the proposed Memorandum of Understanding (MOU)with the City of Richmond (see Exhibit B) is to implement Mitigation Measure 4.5 of the Final EIR, to provide for the joint imposition of the Mitigation Fee irrespective of the final location of the various BMPC c Aerations (including the new transfer station), and the joint administration of the mitigation funds for the benefit of the host community as identified in the Draft EIR. Mitigation funds shall be used, as described in the Draft EIR,for the benefit of the host community. By entering this MDU, the County and City agree to jointly impose the Mitigation Fee on all solid waste and processible materials received at the facility(all BMPC operations including the transfer station except those materials which are disposed of in the WCCSL). The amount of the Mitigation Fee for all solid waste transferred to other Republic landfills shall be$2.76/ton, subject to CPI adjustment at the beginning of each calendar year. The amount of the Mitigation Fee for all other materials processed at the BMPC (except those materials which are disposed of in the WCCSL) shall be $0.75 per ton (as adjusted annually pursuant to the CPI) if the rate charged by Republic and/or its Contractor(s) is more than $10.00 per ton (as adjusted annually pursuant to the CPl) or 7% of the gross revenue received by Republic and/or its BMPC Contractor(s) if the rate charged is less than or equal to $10.00 per ton (as adjusted annually pursuant to the CPI). By entering this MOU, the City and County also agree that the Mitigation Fee monies collected from the Applicant will be paid to the County, held in a dedicated separate account and jointly administered for the benefit of the incorporated and unincorporated forth Richmond area. D:\Facllities-SabenoriolBMPC\FEIR Board order 7-13-2004.doc � o t � t 0E0- o ctjcrsa C- O U ., 4t C at to m ria t as E � M-r- E X.Sm v 0 c t Xcl c c; �" 0)0 mm ...m w mr, W.- ta. tic °E - 4)C C►CL MJtU u w +fit to rvU w , E , E ` ESE c .e' °v .. c 0 p U 9 �,°y t;t ry o ie `` rn �` ca �} .- LL(n x0U. dw3:ceu 0wce0 .1�C ..1� ,- ci tai of urs c� s:ati cri ci,- sv r>.�urs tSi r•:crs cs .4�. co.. 'm. _. M � CN i Ca ate.+ tk1 ,z L� m s c� cN ro c ro _i C7 ci 0 r a m .o a� m 0 ro rJ 0 cn EXHIBIT D Findings Pursuant to the California Environmental Quality Act, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Plan WCCSL Bulk Materials Processing Venter and Belated.Actions Board of Supervisors December 14, 2044 T. Project Overview The WCCSL Bulk Materials Processing Center and Related Actions Project consists of approval of LUP 022026, thereby amending the existing Land Use Permit (LUP) 2054-92 for WCCSL's Bulk Materials Processing Center by the Board, and rescinding by the Board of existing Land Use Permit 2043-94 related to the termination of operations at the Soil Remediation Facility. The project is summarized as follows; • Increase the amount and types of compostables and wood waste processed. • Increase the amount of asphalt and concrete waste processed. • Start-up of a new spreading/drying operation for wastewater sludge and dredged materials. • Start-up of a new soil reclamation/processing operation to reclaim non-contaminated soils, and to combine high moisture content mud and sludges and with powdery materials to create a product suitable for Alternative Daily Cover (ADC), final cover,final cap, or off-site use. • Construction and operation of a solid waste transfer and resource recovery station (the Waste Recycling Center, or WRC) at the WCCSL to recycle, sort, and transfer for disposal waste from self-haulers, industrial debris boxes, the west Contra Costa communities and commercial customers that would not be processed at the existing transfer station operated by West County Resource Recovery, Inc. at 101 Pittsburg Avenue in North Richmond. ■ Construction of a Public Access Trail The Board finds that the Preferred Environmental Alternative (PEA), more fully described and discussed in Chapter 13 of the EIR, is the best alternative to meet the needs of the Applicant's objectives and goals, while protecting the environment. The Board finds that the PEA, with respect to the selection of Area A for the location of the WRC transfer station, has been studied at a project level of detail, affording the Board with the ability to determine that the WRC in this location represents the optimal land use decision. for the WRC at the WCCSL site. The Board finds that this PEA, which includes the Project proposed by the Applicant, elimination of Phase 4 of the Trail, the selection of Area A and the associated development plan for the proposed WRC transfer station, and the use of aerated static pile as the primary composting Page 1 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County process, provides the best balance between satisfaction of the Applicant's project objective and mitigation of potential significant impacts, to the extent feasible. Significant impacts associated with the proposed Project would be reduced to less-than-significant levels with the PEA, with the exception of PMio emissions. Although the PEA would have lower PM,o emissions than the proposed Project (because of the reliance on the aerated static pile composting process in lieu of windrow composting), a significant unavoidable PM3 e impact would remain. All other potentially significant impacts identified in the Draft EIR would be mitigated to a level of insignificance. As noted above, a component of the PEA is the construction and operation of the WRC in Area A on the WCCSL site located wholly within the Richmond city limits. The Draft EIR, in Chapter 13 "Alternatives", Section C, pages 13-7 through 13-29, provides an evaluation of potential impacts and prescribes control measures or mitigation measures specific to the Area A location. The components of the PEA are described in Section E. Preferred Environmental Alternative,pages 13-34 through 13-47. IL CEQA Process Overview Contra Costa County served as the Lead Agency for preparation of the WCCSL Bulk Materials Processing Center and Related Actions EIR pursuant to the California Environmental Quality Act(CEQA). The County prepared the EIR in accordance with CEQA(Public Resources Code §21000 et seq.), the CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.), and the County's CEQA guidelines. The EIR consists of the Draft EIR published on November 5, 2003 ("Draft EIR"), the Responses to Comments published on June 25, 2004 ("RTC"). The Final EIR comprises the Draft EIR and Responses to Comments, as well as all appendices thereto. The EIR has State Clearinghouse No. 2002102057. Below is an overview of the significant milestones of the CEQA process that have been completed related to this Project: • October 10, 2002: Environmental Impact Report(EIR)Notice of Preparation issued; • November 1,2002: CEQA Scoping Session held in North Richmond; • November 6, 2003: Draft EIR circulated for review, beginning the 45-day public comment period; ■ November 25, 2003: Zoning Administrator held a public hearing in North Richmond to provide further opportunity for public comments on the Draft EIR; ■ December 22,2003: End of 45-day public comment period on the Draft EIR; ■ June 25, 2004: Final EIR/Response to Comments document released was distributed as required by CEQA; = July 6, 2004: County Zoning Administrator conducted a closed public hearing regarding the adequacy of the Final EIR, and recommended to the Board that the EIR be certified as being in compliance with CEQA; Page 2 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County ■ July 13, 2004: County Board of Supervisors certified the EIR as being in compliance with CEQA. No action was taken on adoption of findings or approval of land use permit conditions. 111.The Final EIR The Final Environmental Impact Report (Final EIR) Responses to Comments Document has been prepared to respond to comments received by the lead agency on the Draft Environmental Impact Report (Draft EIR) for the WCCSL Bulk Materials Processing Center and Related Actions. The Final EIR includes a revised summary of impacts, control measures, and mitigation measures (Table 2-1 from the Draft EIR); the comments received on the Draft EIR; responses to individual comments; and a chapter that contains revisions to the Draft EIR text and graphics as appropriate. The Responses to Comments Document, together with the November 2003 Draft EIR and technical appendices, constitutes the Final EIR. This Final EIR contains the following elements: ■ The Draft EIR dated November 2003 (bound separately); ■ Letters from public agencies, organizations, and persons commenting on the Draft EIR, including a transcript of public testimony received at the public hearing held on November 25, 2003; ■ A chapter containing a revised summary of impacts,control measures,and mitigation measures (Table 2-1 from the Draft EIR); ■ Responses to comments; ■ A chapter containing revised text and graphics prepared to clarify or correct the text of the Draft EIR. The Final EIR evaluates the potential environmental impacts associated with the project known as the Bulb Materials Processing Center (BMPC) and Related Actions at the West Contra Costa Sanitary Landfill (WCCSL) proposed by West Contra Costa Sanitary Landfill, Inc. ("Applicant") and West County Landfill, Inc. ("Owner"). IV. FindinErs Pursuant to the California Environmental quality Act The California Environmental Quality Act (CEQA), Public Resources Code, §21000 et seq., requires written findings of Project impacts, pursuant to §21081. Regarding these findings, Page 3 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County CEQA Guidelines, Title 14, California Code of Regulations (Guidelines), §15091, states the following: a) No public agency shall approve or carry out a project for which an EIR has been completed which identified one of more significant environmental effects of the project unless the public agency makes one or more written findings for each of those Significant Effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1) Changes or alternative have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the fording. Such changes have been adopted by such agency or can and should be adopted by such agency. 3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. b) The findings required by subsection (a) above shall be supported by substantial evidence in the record. The changes or alterations referred to in State law, as quoted above, may be mitigation measures, alternatives to the Project, or changes to the Project incorporated by the Project proponent. The Final EIR identifies mitigation measures that would minimize significant effects of the Project or to mitigate other potential effects which may not be, strictly speaking, environmental effects under CEQA. These mitigation measures will be incorporated into the design of the Project. The Mitigation Monitoring and Reporting Program is designed to ensure that all mitigation measures identified in the Final EIR and these Findings will be implemented and monitored by the appropriate regulatory agency. The Board hereby ratifies, adopts and incorporates the analysis, explanation, findings, responses to comments and conclusions of the EIR, as clarified or supplemented by documents and testimony received after preparation of the Final EIR from the County Zoning Administrator, County staff. and the County's environmental consultant and subconsultants, from the Applicant, and from the Applicant's consultants. The Board recognizes that there may be controversy among experts and laypersons over the EIR's methodology, use of data, conclusions regarding the severity of impacts, and conclusions that many impacts would feasibly be mitigated. The Board has carefully evaluated these conflicting expert and lay opinions and evidentiary basis for these opinions and conclusions, and specifically adopts the EIR's conclusions regarding the level of significance of each impact prior to and following implementation of the mitigation measures as reflected in these findings. The Board adopts the reasoning of the EIR, of staff reports, and of staff and Applicant presentations. Page 4 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County Exhibit E (including Table 1) is the proposed Mitigation Monitoring and Reporting Program for the Project. V Findinus Re ardin Independent Review and Judgment The EIR for the Project was made available to each member of the Board. The Board hereby finds that the FOR reflects the independent judgment of the Board. The Board also fiids that it has independently reviewed and analyzed the FEIR prior to taking any final action with respect to the Project. VI Findings Retarding Potentially Significant Impacts of the Project Land Use,dans and Policies Impact 4-4 Proposed Project components are not consistent with the County or Regional NDFE Mitigation: The West Contra Costa Integrated 'Waste Management Authority would revise its NDFE to include the proposed WRC at the BMPC as a transfer facility (non-disposal facility) pursuant to Article 7, Chapter 9, Division 7 of Title 14 of the California Code of Regulations. Supporting Explanation: The existing BMPC at the WCCSL is included in the County NDFE as a material recovery facility, but not as a transfer station. The existing BMPC is included in the Regional flan and Program as additional Non-Disposal Facilities which may or may not be selected for receipt of potentially divertible materials received at the Central IRRF. The County and West Contra Costa Integrated Waste Management Authority (WCCIWMA) would revise their NDFEs to include the proposed WRC at the BMPC as a transfer facility (non-disposal facility) pursuant to Article 7, Chapter 9,Division 7 of Title 14 of the California Code of Regulations. Having reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Impact 4-5 Implementation of the expanded operations at the BMPC and Central IRRF, and continued landfill operations at the WCCSL through January 2006 present the potential for continued or increased illegal dumping activity in the North Richmond area. Mitigation: The agency(ies) with applicable permit authority (County, City, or LEA) and mitigation monitoring responsibility would require Page 5 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa Countv that applicable permits contain conditions of approval specifying the following: • Mitigation Fee. The facility operator shall pay a mitigation fee of an amount to be determined by the applicable permitting authority(ies) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF. • Agency Coordination. Facility operator shall participate in County or City task forces and pilot programs established to address illegal dumping in North Richmond and adjacent city areas. • Off-Site Debris and Litter Policing. The facility operator shall provide weekly debris and litter clean up of Parr Boulevard from the Richmond Parkway to the facility entrance and roads within the "Hotspot Zones 1-6" identified in Table 43 and Figure 45 of this EIR and on other access roads as directed by the permitting authority(ies). As needed, the permitting authority(ies) may require more frequent policing to control debris or litter. • Littering Signs. The facility operator shall install and maintain signs noting littering and illegal dumping laws and penalties along Parr Boulevard (the main access road to the facility)and the following other access roads: • Richmond Parkway, from Parr Blvd. To Gertrude Ave. • Pittsburg;Ave., from Richmond Parkway to 3rd Street • Garden Track Blvd., south of Pittsburg Ave. • Market Ave., from I s` Street to the SPRR.tracks. • 3rd Street, from Market Ave. to Grove Ave. • 5th Street, from Verde Ave. to Chesley Ave, • Battery Street, from Alamo Ave. to Vernon Ave. • Kelsey Street at the SPRR tracks • The permitting authority(ies) may designate other roads for signage as needed. The text on the signage should be subject to the review and approval of the permitting authority(ies), Page 6 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County • Hotline. The facility operator shall establish an Illegal Dumping Hotline phone number for use by residents and businesses to report incidences of illegal dumping in the North Richmond area. The hotline phone number shall be prominently listed on all"littering signs" described above. • Reports or complaints shall be investigated within 24 hours. 'verified incidents of illegal dumping or litter or debris shall be collected within 24 to 48 hours of verification, unless additional time is allowed by the applicable permitting authority. ■ Reporting Requirements. The facility operator shall maintain records regarding all complaints/reports and actions taken to respond including locations, dates, and times. Records shall be made available to the City upon request. SUpportinpExplanation: At the WCCSL, expansion of BMPC operations is proposed along with continued landfilling operations until approximately January 2006. With the continued operation of the permitted Central IRRF, the potential exists for continued or increased illegal dumping activity in North Richmond (in both City and County areas) on private lots and in the public rights-of-way (e.g. roadways). Starting with WCCSL in the early 1950s. and later operation of the Central IRRF in the early 1990s, North Richmond is host to two solid waste facilities within one mile of each other. Illegal dumping of debris and litter is a persistent problem in North Richmond. Illegal dumping is unsightly and potentially unsanitary. Illegal dumping creates a negative image for the community of North Richmond and is a source of concern among its residents. Factors that contribute to illegal dumping in the North Richmond area include,but are not limited to: • Less convenient facility operating hours • Disposal rates ■ Willful dumping by unscrupulous individual haulers ■ Lack of customer awareness of the acceptable waste that can be disposed at local facilities. • When a load is rejected, it may be illegally dumped in the community. Casts of Illegal Dumping The collection of debris represents a substantial cost to the County for clean-up. Contra Costa County Public Works Department (PWD)tracking of debris collection costs specifically to the North Richmond area was initiated in fiscal year 2000-2001. County PWD maintains approximately 640 centerline miles of roadway in the county, of which 180 centerline roadway miles are in West County (10.1 miles are in North Richmond). Maintenance responsibilities include collection of debris and litter illegally dumped on County roads. For fiscal year 2002- 2003, the North Richmond debris cost of$209,895 represented about 45 percent of the total West County area debris cost of $463,039, and about 20 percent of the total debris cost countywide of S 1,045,203. Compared to centerline miles of roadway and population,the North Richmond area contains about 1.6 percent of county centerline roadway miles, and the West Page 7 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County County area contains about 28 percent of county centerline roadway miles,respectively. Of the $209,895 expended in fiscal year 2002-2003, approximately 81 percent was spent on labor and equipment, and 19 percent was spent on disposal fees. Costs for North Richmond litter/debris pickup increased from $83,252 in fiscal year 2000-2001 to $209,895 in fiscal year 2002-2003, which is an increase of$127,643 or 153 percent during this three-year period. Illegal Clumping Hotspots County Public Works and General Services staff identified locations where illegal dumping occurs most frequently in the North Richmond area. These locations were identified by staff with many years of experience in collection of litter/debris in North Richmond. Some additional sites were identified based on information from the North Richmond community. For purposes of the EIR, locations were grouped into six zones. Each zone contains multiple sites where illegal dumping has occurred. Mitigation Fee At the time the Central IRRF was permitted in 1993, the facility was expected to process all solid waste in West County after the landfill closed. The Central IRRF is required to pay a Host Community Mitigation Fee as a condition of County Land Use Permit 2054-92. This fee is to be paid on solid waste/processible materials received at the facility to mitigate the general impacts of the IRRF on the adjoining community of North Richmond. Currently,the amount of the fee is $2.76 per ton. The fee was initially $2.00 per ton and has since been adjusted annually to reflect the change in the Consumer Price Index. Mitigation Fee MOU with the City of Richmond Mitigation Measure 4-5 of the Final EIR in part requires the facility operator to pay a Mitigation Fee "to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas." The purpose of the "Memorandum of Understanding By and Between the City of Richmond and the County of Contra Costa Regarding Solid Waste Transfer Facility Host Community Mitigation Fees", (MOU) between the City of Richmond and the County is to implement Mitigation Measure 4.5,to provide for the joint imposition of the Mitigation Fee irrespective of the final location of the various BMPC operations, and the joint administration of the mitigation funds for the benefit of the host community as identified in the EIR. Mitigation funds shall be used, as described in the Draft EIR, for the benefit of the host community. By entering into the MOU, the County and City have agreed to jointly impose the Mitigation Fee on all solid waste and processible materials received at the facility (all BMPC operations including the WRC except those materials which are disposed of in the WCCSL). The amount of the Mitigation Fee for all solid waste transferred to other Republic landfills shall be $2.76/ton, subject to CPI adjustment at the beginning of each calendar year. The amount of the Mitigation Fee for all other materials processed at the BMPC (except those materials which are disposed of in the WCCSL) shall be $0.75 per ton(as adjusted annually pursuant to the CPI) if the rate charged by Republic and/or its Contractor(s) is more than $10.00 per ton (as adjusted annually pursuant to the CPI) or 7% of the gross revenue received by Republic and/or its Page 8 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County BMPC Contractor(s) if the rate charged is less than or equal to $10.00 per ton (as adjusted annually pursuant to the CPI). By entering this MOU, the City and County also agree that the Mitigation Fee monies collected from the Applicant will be paid to the County, held in a dedicated Tparate account and jointly administered for the benefit of the incorporated and unincorporated North Richmond area. Having reviewed and considered the information contained in the FEIR., the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Geology,,Soils and Seismicity Impact 5-5 Settlement of the landfill under existing and/or proposed fill loads could impact existing and proposed structures supported on the landfill. Mitigation. a) Geotechnical studies would be performed for each proposed/renovated site structure to be located on waste fill that evaluate impacts of landfill settlement on building performance, as well as additional settlement,if any,caused by new structures, and recommendations included in construction plans and specifications; b) Flexible utility connections would, if deemed necessary, be considered to reduce damage to utilities resulting from differential settlement between buildings and the surrounding ground; c) Settlement of buildings would be addressed in WCCSL Post- Closure Pian with monitoring and repair as needed. The following discussion of Impact and Mitigation Measure 5-5 pertains, in part, to the proposed WRC site at the former Soil Remediation Building on the WCCSL landfill. The applicant has elected to implement the PEA and build the WRC outside of the landfill in Area A. Supporting* Explanation New facilities constructed at the proposed site may experience settlement as a result of consolidation of the underlying Bay Mud, as well as compression of the waste, if they are located over the waste fill(s). Structures could experience differential settlement across the building footprint, and between the building and exterior grades. Underground utilities connecting to the buildings could experience breakage if they are not properly designed. The regulation of solid waste landfills is comprehensive, including federal Subtitle D regulations incorporated into the State's regulatory program, as well as specific state law Page 9 WCCSL Bulk Materials Processing Center and Related,fictions Contra Costa County requirements embodied in statutes and Title 27 of the California Code of Regulations ("CCR"). The regulatory framework is set forth at pp. 5-11 through 5-14 of the Draft EIR. The mitigation measures identified, 5-5 and 5-6, are both premised on the application of prescriptive and performance standards set forth in 27 CCR sections 20240(d) and 27150 regarding foundations for engineered structures and geology and seismicity standards applicable to waste disposal units. Having reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Impact 5-6 Settlement of the landfill under new refuse and cover fill loads could impact lateral containment structures. Mitigation: a) If new fill is placed for construction of the proposed WRC, additional studies would be performed to evaluate settlement, slope stability, and potential impacts on the integrity of the soil- attapulgite slurry wall with recommendations included in construction plans and specifications. b) Periodic monitoring would be consistent with the recommendations of Mitigation Measure -5,6(a) to evaluate the condition of the soil-attapulgite slurry wall and appropriate repairs made as necessary. The following discussion of Impact and Mitigation Measure 5-6 pertains, in part, to the proposed WRC site at the former Soil Remediation Building on the WCCSL landfill. The applicant has elected to implement the PEA and build the WRC outside of the landfill in Area A. Supporting_Explanation: Static stability is a measure of the ability of a natural or made slope and its foundation to withstand movements due to imposed loads. Stability is expressed in terms of a "factor-of safety" (F.S.). An F.S. is the ratio of strength of the resisting material divided by the imposed loads due to gravity and any external forces, if present. An F.S. of less than one represents a condition where the imposed loads are greater than the resisting forces, which will result in deformation, while an F.S. greater than one indicates that the resisting forces are larger than the imposed loads. Typically, a factor-of-safety of 1.5 or greater is considered to provide adequate margin of safety against a slope failure in a static condition. Dynamic stability is the ability of slopes to withstand the loads imposed during an earthquake event. There are two primary impacts that could affect the foundation or cover of the Class II landfill during a seismic loading condition: (1) deformation of the foundation soils due to liquefaction, and (2) deformation of the foundation materials due to shear failure. Liquefaction was discussed in Section D2 of this chapter and is not a likely mechanism for causing significant deformation over the majority of the site during earthquake loading. Dynamic slope Page 10 WCCSL.bulk Materials Processing Center and Related Actions Contra Costa County deformation due to shear failure has been evaluated by EMCON/OWT. Typically,the result of such an analysis is an estimate of the amount of deformation a particular slope will undergo as a result of an earthquake shaking. The level of acceptable deformation is generally considered to be the amount of deformation that can occur without affecting the cover and other environmental control systems. The proposed WRC site is within about 8 to 10 feet of the soil-attapulgite slurry wall separating the Class I and Class II landfills. An additional barrier wall (Bay Mud and soil- cement-bentonite) oil- cement bentonite) surrounds the entire WCCSL. Large settlements could cause ground deformations,which may impact the integrity of the hydraulic barrier properties of these walls. However, the magnitudes of the expected settlements are not likely to be large enough to breach the walls. Laving reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Impact 5-8 The combination of new fill placement and seismic shaking could cause slope deformations, which could damage the landfill cap and environmental control systems. Mitigation: a) A plan for inspection and as-needed repair of the GCL following an earthquake would be added to the Post-Closure Plan. The following; discussion of Impact and Mitigation Measure 5-8 pertains, in part, to the proposed WRC site at the former Soil Remediation .Building on the WCCSL landfill. The applicant has elected to implement the PEA and build the WRC outside of the landfill in Area A. S=orting Ex The Applicant's control measures incorporated into the Project include the following. a) Following an earthquake, an inspection program would be implemented to evaluate the extent of cracking of the cover materials, damage to LFG collection system, damage to leachate collection and pumping systems, global landfill sliding, and cracking of the barrier wall. Appropriate repairs would be pursuant to RWQCB Order No. R2-2002-0066. b) Linder the seismic scenarios where the barrier wall is breached, an inward hydraulic gradient would be maintained prior to and throughout the repair (see Control Measure 5-1(c). G) A slope remediation study would be performed, or a long-term slope maintenance program would be developed to address the consequence and possible repairs resulting from large seismically-induced permanent slope displacements. Page 11 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County} d) As recommended by EMCONIOWT, Inc. slope stability report, a probabilistic analysis of the permanent displacements would be performed to be used in developing a detailed earthquake response plan. The response plan would provide details on procedures to be followed for inspection of the site following major earthquakes, and on the slope maintenance requirement that may be triggered by significant displacements. The Draft EIR concluded the probability of an NICE event occurring on the Hayward Fault or San Andreas Fault is low, which is in general agreement with the 30-year probabilities presented in the USGS Group (1999) discussed earlier. The analyses performed indicate lateral slope displacements on the landfill cover could be on the order of 12 inches, while displacements of the landfill sideslopes could be as much as 25 feet. This landfill slope deformation would likely result in damage to the landfill cap and GCL, irregular surface and related drainage issues, and potential distress to the containment structures (Figure 5-4 of the Draft EIR). As discussed under Impact 5-1, a post-earthquake maintenance and repair plan would be implemented by the Applicant. If the barrier wall is breached under seismic conditions, an inward hydraulic gradient would be maintained to control off-site migration of leachate or waste prior to and throughout the repair. Due to the relatively low permeability of the subsurface materials, it is unlikely large-scale, off-site migration of leachate or waste would occur. Having reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Impact 5-9 Slope deformations or slope failure at the proposed WRC site could impact the soil-attapulgite slurry wall. Mitigation: If new fill will be placed for construction of the proposed WRC, additional studies would be performed to evaluate potential settlement, slope stability, and movement of the soil-attapulgite slurry wall and recommendations would be incorporated into construction plans and specifications. The following discussion of Impact and Mitigation Measure 5-9 pertains to the proposed WRC site at the former Soil Remediation Building on the WCCSL landfill. The applicant has elected to implement the PEA and build the WRC outside of the landfill in Area A. SupportingExplanation: The Applicant's Project includes the following specific control measures: a) The inspection, monitoring and repair plans outlined in the Post-Closure Maintenance Plan would be followed. b) Following a significant earthquake (magnitude 6.5 or greater), the site would be inspected to evaluate the performance of the environmental control systems related to the Class I landfill. Slurry wall deformations in excess of 1 foot would Page 12 WCCS'L Bulk Materials Processing Center and Related Actions Contra Costa County require a notification to DTSC and RWQCB within 14 days and repairs made pursuant to their recommendations. The stability of the fill pad at the former Soil Remediation Building and related effects on the soil-attapulgite slurry wall separating the Class I and Class 11 Landfills were evaluated by Woodward-Clyde Consultants in 1995. The building design uses geogrid reinforcement within the fill pad and a downslope berm. The expected lateral deformation of the pad during a seismic event would be limited to 3 to 4 inches. This level of displacement is not likely to significantly impact the 5-foot-wide slurry wall. However, localized repair of the soil- attapulgite slurry wall (and the cover system)may be required. Having reviewed and considered the information contained in the FBIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Impact 5-10 Ground shaking during an earthquake could affect building structures and associated improvements. Mitigation: To ensure proper structural design, a geotechnical report would be prepared for all new buildings with recommendations incorporated into construction plans and specifications {see Mitigation Measure 5-5{a}. The geotechnical report would discuss the potential for differential ground surface settlement and the need for flexible utility connections {see Mitigation Measure 5.5(b). S importing Explanation An earthquake on a nearby fault would cause ground shaking at the landfill site. If new structures are not designed to resist earthquake ground motions,damage could be sustained. Ground shaking with respect to liquefaction and slope stability were discussed in previous sections. The Applicant's Project includes the following: new buildings would be designed to meet the 1997 UBC Seismic Zone Factor 4 standards, and constructed in accordance with all applicable building codes and regulations. The application of prescriptive and performance standards for earthquake resistant construction would mitigate this potential impact to less than significant. Having reviewed and considered the information contained in the FBIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Water Resources Impact 6-4 The proposed Project could produce increased runoff that could result in substantial erosion or siltation on or off site, or otherwise degrade surface water quality. Page 13 WCCK Bulk Materials Processing Center and Related Actions Contra Costa Count Mitigation: Upon completion of the additional biosolids spreading trials per Control Measure 6.4(d), the Applicant would prepare a Progress Report for RWQCB review and approval. The Progress Report would include, at a minimum, the following: • Purpose of Biosolids Spreading ■ Approach and Methodology M Results ■ Environmental Controls M Conclusions and Recommendations ■ Other Components Deemed Necessary by the RWQCB The Progress Report should demonstrate the maximum acceptable Biosolids-loading rate, given available site area and physical constraints and the need to maximize drying and to control runoff. upportinEx�lanation: The Applicant's control measures include the following: (a) A Notice of Intent and revised SWPPP related to proposed operations would be submitted for approval by the Executive Officer of the RWQCB, Best Management Practices would be implemented for control of storm water. (b) The existing Drainage, Erasion, and Sediment Control Plan would be modified pursuant to County LUP No. 2054-92, as amended by LUP No. 2043-94, and City CUP No. 92-53, The FDIP would then be finalized and if amended use permits are obtained, the Applicant would comply with permit conditions. (c) Modified or new Solid Waste Facility Permits would be obtained from the LEA and. CIWMB for the landfill, Composting Facility, and WRC and permit conditions would be followed. (d) Further testing of Biosolids spreading would be conducted prior to full-scale implementation to refine the rates and methods of application, under the review and oversight of the RWQCB. Revised permits would be obtained as necessary and the Applicant would abide by permit conditions. (e) BMPs at the Composting Facility would be employed that would optimize applied water to the windrows while minimizing the generation of leachate. The proposed Project involves several new activities, but generally comprises an expansion of existing operations in the context of increased materials receiving and extended hours of operation. The WCCSL is regulated under NPDES Permit No. 2075005532 and the Applicant has implemented a Storm Nater Pollution Prevention Plan (SWPPP) for the site. The Applicant has also certified that all non-storm water discharges to storm water conveyance systems have been eliminated. The application of the standards prescribed by the RWQCB and Page 14 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County the CIWMB State Minimum Standards, together with the inclusion of the Applicant's control measures would mitigate this impact to a level of non-significance. Expanded operations would expose more materials to rainfall and thus potentially degrade the quality of the storm water runoff. Water that comes into contact with these materials could be affected by such constituents as nitrates from organic material; sulfate and sulfur from construction debris and organic material; residual pesticides remaining on organic material; metals from organic material and construction debris; increased total dissolve solids levels from organic and construction debris; and petroleum hydrocarbons associated with cleaning of equipment and inks and glues contained within paper products. Composting/Wood Recovery. The drainage plan for the Composting/Wood Waste Processing Area includes berms, down drain systems, storm drain systems, the location and direction of flow in perimeter drainage channels, and the discharge points for runoff water. Facility design includes a minimum grade of 5 percent in the windrow areas and a minimum of I percent grade in the facility's perimeter drainage channel. The maximum size of the Composting Facility would be 40 acres. For purposes of annual runoff calculations, the Applicant calculated that 29 acres of the total 40 acres would generate 5 million gallons of runoff, which includes 335,000 gallons per year of compost leachate. Normally, compost leachate would be collected and re-used to add moisture in the composting process. Alternatively, compost leachate collected into the Area A basin can be discharged to the WCWD treatment plant and eventually the City of Richmond plant with the Class 11 landfill leachate. The drainage runoff from major storms would flow to the Area A retention basin. The diluted overflow runoff from the Area A basin would be directed to the 68-acre diked Area B pond. The remaining 11 acres of the Compost Facility that does not drain eastward would either not be used during wet weather, and hence there would be no runoff, or the materials placed in that area would include the finished compost or woad chips where the runoff would have low pollutant potential. This drainage would sheet-flow off the area, pass through the gravel filter (the same material used for siltation control for the concrete rubble processing runoff around the southern, western and northern perimeter of the facility), and then runoff would sheet-flow down the grassy landfill slope. Concrete/Asphalt Processing. Figure 3C-1 in Appendix 3C of the Draft EIR shows the drainage plan for the concrete/asphalt recycling operation to be located at the western end of the landfill's central plateau. .Facility operations could be a source of sediment and other pollutants. The Applicant proposes to control sediment through the use of defined drainage grading and use of silt barriers (geofabric fences. straw and shredded wood mulch, and hay bales). Vegetative growth on the landfill slopes would serge to filter sediment and silt particles. Waste Recycling Center. The WRC is proposed to be located in Area A Drainage at the front of the building would be diverted to the northern and southern sides. Because rainfall drainage waters from the front apron would be considered to be potentially contaminated from oil dripping off vehicles and when waste unloading overflows into this area, oil/water separators would be provided to receive these drainage waters. The separators would Page 15 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County discharge to the south bench drain that leads eastward to the Area A retention pond. The roof gutter drains for the processing building would be designed to appropriately discharge the water around the building. The wash down wastewater from cleaning the tipping floor would be processed through an oil/water separator. Wet/Dusty Material Blending. The wet/dusty material blending would first occur on the landfill's central plateau at the Waste Shuttle Facility. These materials would be hauled in covered trailers and placed in the building and stockpiled to be protected from the rain and prior to processing. The drainage plan includes berms and channels to divert runoff from the building with most of it diverted to the Area A siltation control pond and some to San Pablo Creek. The drainage from the building and apron area would be directed to oil/water separators located at the end of the facility and then to the Area A basin. At the landfill central plateau, runoff controls would be established to direct runoff to the Area A basin. The Applicant proposes to conduct mixing operations under controlled conditions. During wet weather, mixing would be done either under a roofed area, in a large metal mixing chamber that could be tarped, or the mixing would be temporarily suspended. Soil Reclamation Facility. The Soil Reclamation Facility would involve the reclamation of norrcontaminated soils in an area adjacent to the composting and wood recovery operations. Drainage would be managed as discussed above for that area. Biosolids/Dredged Material Spreading. This proposed activity involves the spreading of wet dredged materials and/or biosolids from the WCWD treatment plant on the southern or eastern slopes of the closed landfill during the dry season, which is about a 6-month period, April through October. These materials may also be used as a soil amendment on the final capped areas of the landfill. Figure 3H-1 of the EIR shows the drainage plan for landfill slope spreading operation. Liquid biosolids application to the southern and eastern landfill sideslope areas would require the application and disposal of large quantities of water. It is proposed that 24 million gallons (mg) of digested sludge (94 to 98 percent moisture) be land applied per year on about 22.5 acres. The Applicant has evaluated two application rates, 1 gallon per 5 square feet (sq. ft.) and 1 gallon per 15 sq. ft. In order to dry 24 million gallons (MG) of liquid biosolids on 22.5 acres, a total depth of 39.2 inches would need to be applied. On an annual basis, there would need to be 122 or 367 applications per year. Over a 6-month drying period, such as is proposed, these applications would be doubled to 244 to 734 (1.4 to 4 applications per day). Either a much larger drying area is needed, or projected quantities of liquid biosolids would need to be reduced, in order to avoid conditions of over saturation,increased runoff, and water quality impacts. Drainage control would be provided to prevent water from entering the processing areas and to allow it to flow around and away from the areas. An existing berm at the base of the slopes would be raised in height to contain runoff and direct the water to sump pumps. Grasses would be planted in the ditches behind the berms to transpire water and for nutrient absorption. During the latter part of the wet weather season, the Applicant may be able to pump the runoff Page 16 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County back to the top of the slopes and reapply it to the areas where it would evaporate. Alternatively, the runoff water would be pumped into the leachate piping system used for the Class I HWMF treated leachate discharge to the WCWD sewer. No Class I leachate would be pumped during this time. Currently, at the WCWD biosolids drying lagoons, plant operators decant rainwater off the lagoons and pump it back to the treatment plant headworks. Having reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Traffic and Circulation Impact 8-3 Projected increases in Project-related traffic could further deteriorate pavement conditions on Parr Boulevard. Mitigation: A pavement monitoring program would be undertaken by Applicant for the Parr Boulevard connection to Richmond Parkway. The program would provide before and after video evidence of pavement conditions, and may require the posting of a pavement repair bond. Applicant would coordinate with the Maintenance Division of the County Public Works Department regarding the details of the monitoring program and any requirements for road repair should they become necessary. SMorting Explanation The need for future pavement improvements will be based on calculations of the Traffic Index(TI). The Ti is a logarithmic scale,which indicates the ability of the pavement structure to support repetitive wheel and axle-loads of large trucks. TI ratings of 7.0 or less are utilized on local streets, which are not expected to carry appreciable amounts of truck traffic. Higher values of up to 9.0 or 9.5 are used on major arterial streets, such as Richmond Parkway with heavy truck traffic. In California, TI values are calculated in accordance with procedures specified by CalTrans. While the number of trucks added by the proposed Project is not significant from a traffic capacity standpoint, the addition of just a few heavy trucks may cause deterioration of some pavement sections. The local public roadways that would be affected by the proposed Project are Parr Boulevard and the Richmond Parkway. The existing pavement conditions on Parr Boulevard appears to be substandard and in need of pavement maintenance. The County Public Works Department reports that Parr Boulevard was repaved with a double-chip seal in 1987. Prior to this action, there were pavement improvements to Parr Boulevard in 1975 and again in 1983. With the exception of some minor patching, there have been no other changes in this section of Parr Boulevard and Garden Tract Road since 1987. The Richmond Parkway, including Castro Street, was constructed with a TI of 10.5 and 11.0. As such, the roadway is designed to handle high volumes of truck traffic, and meets the TI requirements. Due to this high level of design standard,pavement impacts on the Parkway due to the proposed Project would not be significant. Page 17 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County Mitigation Measure 8-3(a) was also included in the EIR for closure of the HWI F (Brown and Caldwell, Draft EIR on the WCCSL Hazardous Waste Management Facility Closure and Postelosure Plans, September 1998). Having reviewed and considered the information contained in the FEIR, the Board finds that the impact would be less than significant. Biological Resources Impact 9-1 The proposed Project could have a substantial adverse effect on habitat for special-status species. This impact is considered potentially significant. Mitigation: (a) The interpretive program proposed by the Applicant would be developed in consultation with the Bay Conservation Development Commission (BCDC) and DFG to educate Trail users of the sensitivity of the marshland and open water habitat to wildlife, the prohibition on take and harassment of special- status species, and the requirement of staying on the Trail to minimize disturbance to sensitive wildlife. (b) Adequate controls would be developed as part of the interpretive program to prevent human access into the San Pablo Creek Marsh habitat along the Phase 3 segment of the Trail north of the WCCSL. This may require use of exclusionary fencing, and shall at minimum include installation of permanent signage at 100-foot intervals which states: No Trail Access Sensitive Wildlife Habitat Visitor Access Prohibited i (c) As currently proposed, dogs would be prohibited from using the Trail. Permanent signage would be installed as part of the interpretive program at the trailhead and as separate permanent signs within 100 yards of the beginning of the northern and southern trail segments explaining the sensitivity of the area and clearly state "No Dogs Allowed." Signage would refer users to other local shoreline parks where dogs are permitted (e.g. Berkeley Shores Park, Point Isabel). Experience gained from operation of the Trail would be used by the appropriate entities to determine whether additional enforcement measures are necessary and possible funding measures. Page 18 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County (d) As directed by appropriate agencies, the Applicant would coordinate efforts on predator control of feral cats, dogs, and red fox. (e) All construction activities on the levees, including installation of any Trail improvements and the barrier landscape plantings; would be prohibited during the nesting season for salt marsh dependent bird species, from February 1 through July 31. (f) Trail improvements would be restricted to uplands, the tops of existing levees, and the existing roadway along the south side of San Pablo Creek to minimize further disturbance in the adjacent marsh and riparian habitats. (g) Due to the possible hazard to trail users, the Bayside Trail (Barrier) Planting Recommendation would be revised to eliminate poison oak from the revegetation planting palette and from any future landscaping plans for the Project. Supporting Explanation: The Applicant's control measures included in the Project include: a) Dogs would not be permitted on the Trail. b) An interpretive program would be implemented explaining the sensitivity of the marshland habitat. C) The Trail (Barrier) Planting Recommendations developed by Environmental Stewardship & Planning would be implemented to control the spread of invasive exotics and to establish a protective buffer of native vegetation between the proposed Trail alignment and adjacent marsh and open water habitats. Proposed BMPC operations are not expected to have any significant adverse impacts on essential habitat for special-status species. No special-status plant species occur on portions of the WCCSL site proposed for improvements, including the levee system where the Phase 1, 2, and 3 segments of the Public Access Trail (Trail) are proposed. The activities associated with the continuation of landfill activities would be contained on previously disturbed upland portions of the WCCSL that do not provide important habitat for special-status species. Raptors and other bird species that may forage on the uplands of the WCCSL are acclimated to human activities associated with the ongoing landfill and BMPC operations. The EIR did not identify significant impacts on these species. Portions of the Trail would be located adjacent to sensitive marshlands and riparian areas known to support special-status species. The improvements associated with Phases 1, 2 and 3 of the Trail would follow the existing maintenance road on the levee along the south and west edge of Area B, the maintenance road along the north side of the Class II landfill, and the south side of San Pablo Creek. No direct impacts on special-status species are anticipated as a result of construction of Trail improvements for Phases 1, 2, and 3. However, the indirect effects of increased human activity, and particularly any access by dogs accompanying Trail users, could Page 19 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County- result in a significant impact to sensitive species that utilize the marshland and open water habitat. Measures are required to control possible disturbance and unauthorized take of a listed species. An existing slough south of, and adjacent to, the Phase 1 alignment serves as a barrier to human access to Wildcat Marsh. The San Pablo Creek channel prevents human access to the sensitive marshlands north of the creek. A segment of the Phase 3 Trail on the north side of the WCCSL site borders sensitive marshlands in the San Pablo Creek. Marsh for a distance of approximately 600 feet. This marsh is known to support salt marsh harvest mouse, salt-marsh wandering shrew, San Pablo vole, California clapper rail, and other sensitive wildlife species. Unless adequate measures are taken to secure the area, informal access may lead to increased disturbance, trampling of marsh vegetation, and possibly loss of listed species. Several control measures have been proposed by the Applicant, as part of the Project to address potential indirect impacts on sensitive habitat and wildlife associated with the Trail. These include a prohibition on any dogs along the trail, an interpretive program explaining the sensitivity of the surrounding marshland habitat, and implementation of Bayside Trail (Barrier) Planting Recommendations intended to control the spread of invasive exotics and establish a protective buffer of native vegetation between the proposed trail and adjacent marsh and open water habitats (Appendix 9•A of the Draft EIR). The barrier plantings would be installed along the upper elevations of the levee along the south side of Areas B and C to discourage any access into the adjacent marsh and mudflats at low tide. Species used in the plantings would include thorny shrubs and vines such as wild rose and blackberry, to discourage human access and also provide protective cover for wildlife. No specific measures have been proposed as part of the Project to prevent access to the San Pablo Creek Marsh area north of the WCCSL along the south side of San Pablo Creek. However, adequate controls are provided to prevent access to the San Pablo Creek Marsh area north of the WCCSL along the south side of San Pablo Creek by Mitigation Measure 9-1 (see above) pertaining to this segment of the Trail system, therefore, no significant adverse impacts on special-status species are anticipated for the Phases 1, 2 and 3 portions of the alignment. The proposed Phase 4 Trail alignment would follow the outer levee around the southwest and north sides of Area C, and would require two new bridge crossings over existing breaches in the levee system:. Modifications to the shoreline to improve the levee and accommodate the new bridge structures would also be required. Human access would be provided to the portion of the levee now separated from the mainland. This levee is used as protected resting,roosting, and nesting habitat by a large number of birds. Human access along this segment of the Trail would have a significant impact on the habitat value of the isolated levee to wildlife, as discussed under Impact 9-4. For this reason,Phase 4 has been eliminated from the Trail plan in the PEA. Having reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Impact 9-3 The proposed Project could adversely affect wetlands. Page 20 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County Mitigation: Any modifications to the shoreline of San Pablo Bay required as part of the construction of the staging area for the interpretive program at the southern end of Area C, would be coordinated with the U.S. Army Corps of Engineers and BCDC and appropriate authorizations to assure compliance with prescriptive and performance regulatory standards are to be obtained prior to any modifications to the shoreline and open water of San Pablo Bay. Supporting Explanation: No jurisdictional wetlands would be affected by the proposed Project. Improvements associated with the BMPC would be restricted to the existing landfill area. Improvements for the Phase 1, 2, and 3 segments of the Trail would be sited along the top of the existing levee system, service road along the north side of the landfill, and existing access road along the south side of San Pablo Creek, avoiding direct disturbance to jurisdictional habitat. Implementation of a required SWPPP for the proposed Project as discussed in Chapter 6, Section A.7 ofthe EIR, would serve to adequately mitigate any potential indirect impacts on wetlands as a result of proposed Project activities. The EIR concluded that implementation of the Phase 4 alignment would have a significant impact on wildlife use of this area, as discussed under Impact 9-4 below, and thus,was eliminated from.the Trail plan. An interpretive program is currently being developed in conjunction with the Trail as part of the Project that would provide access to the shoreline at the southern end of Area C. A staging area is proposed at this location for use by kayakers as part of an educational program for school children administered by the Save the Bay Association. School children would be escorted by guides on kayaks through the surrounding tidal sloughs and open water of the San Pablo Bay. The proposed staging area currently has little or no wetland vegetation and the levee slope is covered with concrete riprap. No dock or pier is currently proposed as part of the staging area. If these types of improvements are proposed in the future they would require modifications to the jurisdictional waters along the shoreline of the San Pablo Bay. Any modifications to the shoreline and open water of San Pablo Bay must be coordinated with the Corps and BCDC. (laving reviewed and considered the information contained in the EEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Impact 9-4 The proposed Project could have significant impacts on wildlife habitat and wildlife movement opportunities. Mitigation: (a) The Phase 4 alignment of the Public Access Trail is eliminated from the proposed Project to avoid the required resulting disturbance to shoreline habitat on this portion. of the site and prevent the potential disruption to wildlife habitat along the existing isolated levee segment. The proposed Phase I Trail improvements from the southern end of the mainland levee along the west side of Area C to the first breach in the outer levee Page 21 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County would also be eliminated from the proposed Project, serving to minimize potential disturbance to approximately half of the open water and mudflat habitat in Area C. Split rail fencing or similar barrier would be installed within 10 yards of the point where the levee narrows north of the proposed kayak staging area. (b) Permanent signage would be installed as part of the required interpretive program at the southern end of the levee along the west side of Area C which deters visitor access to this segment of the levee. The signage would be installed at 20-foot intervals across the width of the levee, within 10 yards of the point where the levee narrows north of the proposed kayak staging area. The signage would state: No Trail Access Sensitive Wildlife Habitat Visitor Access Prohibited (c) Permanent signage would be installed as part of the required interpretive program on both sides of the water access at the proposed kayak staging area to inform kayak users that access into the sloughs of the coastal salt marsh to the southeast is prohibited during the nesting season to prevent possible disturbance to rails and other wildlife. The signage would state: Sensitive Wildlife Habitat No Kayak Access to Marshland and Sloughs During Bird Nesting Season— February 1 through August 31 SupportingEExplanation: Proposed $MPC operations would not have any significant adverse impacts on wildlife use of the WCCSL. Improvements associated with the 13MPC and landfill operations would be restricted to the disturbed uplands on the site. Wildlife associated with this portion of the site are relatively common and are already acclimated to intensive human and vehicle activity in this area, and no significant adverse impacts are anticipated. Most of the proposed Trail improvements would be limited to the existing levees, maintenance roads and access road onto the site. Although some segments of the Trail system would border sensitive marshland habitat, the interpretive program, prohibition on dog use, and barrier plantings described under Impact 9-1 above would serve to minimize any disturbance to special-status animal species and other wildlife associated with the adjacent marshland and the riparian corridor of San Pablo Creek. With appropriate controls that are either proposed as a part of the Project or included as mitigation measures, no long-term significant adverse impacts on wildlife use are anticipated with the Phase 1, 2, and 3 Trail alignments. Page 22 PVCCSL Bulk Materials Processing Center and Related fictions Contra Costa County As discussed under Impacts 9-1 and 9-3 in the Draft EIR, improvements associated with the Phase 4 segment of the Trail would require construction of two new bridges and would create new human access to the currently isolated levee. This isolated levee provides important resting,roosting, and nesting habitat for birds. Human access associated with the Phase 4 Trail improvements would greatly diminish and possibly eliminate use of this levee by many species, which would be a significant adverse impact of the Project (Figure 9-4 of the Draft EIR). This significant adverse impact is the basis for elimination of the Phase 4 trail alignment. The proposed staging area and education program at the southern end of Area C would be supervised by interpretive guides associated with the Save the Bay Association. Kayaking in the sloughs and open water of San Pablo Bay could result in birds flushing and moving to another location further from the disturbance. However, the program would be supervised by interpretive guides explaining the sensitivity of the surrounding marsh and San Pablo Bay ecosystems, would be of short duration and relatively infrequent in occurrence, and is not expected to have a significant impact on wildlife use in the area. Having reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Air{ ualty and Odors Impact 10-1 The construction of various Project elements could result in dust nuisance. Mitigation: (a) All active construction areas would be watered at least twice daily and more often during windy periods (20 mph or higher). (b) All trucks hauling soil, sand, and ether loose materials would be covered or required to maintain at least two feet of freeboard. (c) All unpaved access roads, parking areas and staging areas at construction sites would be paved, watered at least twice daily or more often if windy, or receive applications of non- toxic soil stabilizers. (d) All paved access roads, parking areas and staging areas at construction sites would be swept daily with water sweepers. (e) Inactive construction areas would be hydroseeded or non- toxic soil stabilizers would be applied. Page 23 WCCSL Bulk-Materials Processing Center and Related Actions Contra Costa County ( Exposed stockpiles (dirt, sand, etc.)would either be enclosed, covered, watered twice daily or more often if windy unless a non-erosive soil crust is maintained, or receive application of non-toxic soil stabilizers. (g) Traffic signage would limit traffic speeds on unpaved roads to 15 mph. Supporting Explanation: The proposed Project would result in temporary construction emissions (equipment exhausts and fugitive dust) during closure of the Class 11 landfill and development of improvements and structures required for proposed operations and uses on the Project site. Impacts related to closure of the Class IT landfill were evaluated in an Initial Study/Negative Declaration completed in 1996. Impacts would be localized and variable. Construction impacts might last for a period of weeks or months for any one Project elements The application of the measures described in the mitigations for this impact, which are designed to limit or eliminate the potential for fugitive dist emissions, would mitigate this impact to a level that is less than significant. Having reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Impact 10-2 Emission increases from on-site sources would exceed the BAAQMD significance thresholds for PMG. Mitigation: The Applicant would, at the earliest practical date, prepare applications to the BAAQMD for new sources proposed to be located at the site, obtain required BAAQMD permits, and comply with all permit conditions, including prescriptive and performance standards administered by the BAAQMD to lessen or eliminate PMS()emissions. SupportingExplanation The Applicant's control measures incorporated into the Project include the following: a) The main access road would initially be graveled, treated with non-toxic soil stabilizers and watered at least twice daily. After land settlement, the main access road would be paved. Waste Recycling Center: b) Handling and sorting of mixed waste would occur within an enclosed WRC or partially enclosed structure. c) Roads, unloading areas and the processing area of the WRC mixed waste processing area would be paved, and sweepers or vacuums would be used to keep these surfaces clean. Page 24 WCCSL Bulk Materials processing Center and Related Actions Contra Costa County d) Periodic watering at least twice daily,or more often when windy, would be used on internal roads as needed at the WRC, and wind fences would be strategically located to control wind erosion. e) Waste would be pre-screened to avoid dusty materials. Green Waste/Woodwaste/Composting: fj Green material and wood shredding/screening equipment would be equipped with water sprays. g) Wood waste, and composting materials would be watered as unloaded, the surfaces of the unloading areas would be routinely sprayed with water during the dry season, and materials would be periodically watered during the dry season prior to grinding. h) Green waste, wood waste, and composting materials would be pre-screened to avoid dusty materials. i) Windrows and intervening pathways would be watered prior to turning of windrow. j) Internal roads in the Organic Materials Processing Area would be watered at least twice daily, more often when windy. k) Finished stabilized compost would be screened and loaded during low wind speed conditions (less than 20 mph); handling of compost would be suspended if the wind speed increases(above 20 mph). 1) Berms would be used in the Organic Materials Processing Area to provide an upwind barrier to reduce wind effects. m) Wind fences would be strategically located in the Organic Materials Processing Area to control wind erosion. Wet/Dusty Material Blending: n) A three-sided shelter would be constructed at the West/Dusty Material Blending Facility with fabric roof to contain dusty materials. o) Dusty materials would be blended with high moisture wastes to help control fugitive dust. p) Dusty materials would be stored in plastic bags until needed. Soil Reclamation: q) Water sprays would be used on the conveyor at the Soil Reclamation Facility. r) The apron on two sides of the soil reclamation storage area would be graveled to provide an all-weather surface. s) Periodic watering (at least twice daily, more often when windy) would be conducted at the soil reclamation operation areas for dust control. Concrete/Asphalt Recycling: Page 25 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County t) Water sprays would be used on concrete/asphalt crushers, screens and conveyors. u) Dust suppressants would be used and regular watering (at least twice daily, more often when windy) would be conducted at the Concrete/Asphalt Recycling Facility for general dust control. Emission increases from on-site sources would exceed the BAAQMD significance thresholds for PM10. On-site emissions consist of process emissions (from stationary equipment and facilities),mobile equipment,vehicles operating on and off the site, and fugitive dust generated by the action of vehicles and equipment on unpaved surfaces. The Draft EIR provides a detailed discussion of control measures proposed by the Applicant in addition to Mitigation Measure 10-2 (see page 10-18 through 10-21 of the Draft EIR). A broad range of control measures have been proposed by the Applicant for all aspects of BMPC operations. Control measures and Mitigation Measure 10-2 are designed to control on-site emissions. Despite these measures, this impact cannot be feasibly mitigated to a level that is less than significant. Estimates for existing, 2008, and 2015 emissions of PM,o substantially exceed the BAAQMD's standard threshold of significance of 80 pounds per day. In the Draft EIR, Tables 10-4 through 10-6 showed the estimated existing and future Project- generated emissions for 2008 and 2015 from ort-site and off-site activities. In the Final EIR Responses to Comments document, Tables 10-4, 10-5 and 10-6 were revised to reflect updated emissions estimates. While the numerical value of impact shown in Tables 10-4 through 10-6 has increased slightly, conclusions regarding the significance of impacts are unchanged. Emissions of ozone precursors (ROG and NO,,) would decline from existing levels primarily due to a gradual decline in the LFG generation and current and future State-mandated emissions standards for heavy duty off-site road vehicles and equipment. Existing on-site PM10 emissions were calculated to be about 413 pounds per day. The proposed Project would result in an increase in on-site emissions of PM10, primarily due to the proposed increase in throughput (materials processed) for the asphalt and concrete recycling operations and composting. Calculated PM16 emissions were revised in the Final EIR, and shown to increase from the existing 413 pounds per day to 1,479 pounds per day in 2008. The estimated emission for 2015 remained unchanged at 2,206 pounds per day. The net increase of PM10 for both on and off site of 1,084 pounds per day in 2008 and 1,809 pounds per day in 2015 (see revised Tables 10-5 and 10-6 in Final EIR) would exceed the BAAQMD's threshold of significance of 80 pounds per day. Having reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce the level of PM10 emissions, but that this impact would remain significant. Impact 10-5 The Organic Materials Processing Area and expansion of the Composting Facility could create objectionable odors Mitigation: Page 26 WCCS'L Bulk Materials Processing Center and Related Actions Contra Costa County a) The turning of the windrows would be limited when the wind is blowing inland toward potential receptors. Turning and screening operations would be curtailed when wind speeds exceed 20 miles per hour(mph) toward developed areas. b) An appropriately sited wind monitoring station would be installed with an alarm to indicate the occurrence of winds greater than.20 mph. c) A one-year composting demonstration project would be conducted under the review and oversight of the LEA and the BAAQMD. The demonstration project would focus on all feedstocks with a high nuisance odor potential and would identify composting operations and controls necessary to assure an efficient operation that would control odors under various climatic conditions. Based on the results of the demonstration project, the LEA and the BAAQMD would determine under what conditions these feedstocks could be used at the Composting Facility as part of the Composting Facility permitting process. The demonstration project shall include,but not be limited to. • The scale of the demonstration project would duplicate the pile size and operational factors of the planned facility, so that valid data are collected at full-size operation. • The span of feedstock combinations would encompass the range of expected future options, concentrating on worst-case combinations from processing, operations, and odor standpoints. • Monitoring during the demonstration period would include standard compost processing monitoring parameters as well as odor emission data during different operating and climate/wind conditions. Odor data would include emissions of critical constituents such as reduced sulfur compounds and reduced nitrogen compounds, as well as total odor emission data collected via odor panel with flux chamber protocols. The Applicant shall help design the odor monitoring program with regulatory agency input and oversight. Downwind odor data would be collected concurrent with pile or source emission data to correlate the impacts. • Odor impacts from demonstration scale will be extrapolated for the full-scale system through odor modeling or similar approach that achieves valid predictions of odor from the large proposed system. Wage 27 WCCSL,Bulk Materials Processing Center and Related fictions Contra Costa County Odor data collection would be identified for any compost leachate liquid or storm water runoff liquid coming from the demonstration piles//area. SupportinExnlanation The Applicant's control measures incorporated into the Project include. a) The Applicant would work with the LEA to assure facility compliance with the GIMP. b) Food processing industry materials would be rapidly incorporated (within hours) with other compostible materials, shredded materials, or compost. c) The windrows would be turned on an average of twice per week to maintain aerobic conditions. d) A monitoring program would be implemented to track the composting process and implement operational adjustments as necessary. e) The operations areas would be regraded to promote drainage and prevent ponding of compost leachate. Currently at the WCCSL, the average daily throughput of compostables is about 27 tons per day (355 days per year average or TPD7), or about 10,000 tons of compostables received per year. Under the proposed Project, up to 154,300 tons of compostables could be processed per year, which is equivalent to about 450 TPD7. The physical size of the Composting Facility would be increased from the existing 18 acres up to 40 acres to allow flexibility in the operating boundary with the proposed relocated concrete/asphalt processing area(see Figure 3- 3 in Chapter 3, Project Description of the Draft EIR). Additionally, composting feedstock materials would be expanded to also include food wastes, food processing industry wastes, biosolids (wastewater sludge),mixed waste paper, and agricultural residues (Appendix 313). The increase in types and quantities of feedstock to be processed, as well as the physical expansion of the composting operations, would increase the potential for nuisance odors at the Composting Facility. Of the various composting technologies in use, windrow composting method in place at the WCCSL, has a greater risk of odor production. However, there is long- term experience with full-scale operations throughout the United States. Additionally, the WCCSL is well buffered in this industrial setting, away from sensitive receptors, on the WCCSL landfill facility. Wind conditions are also favorable, and as demonstrated in the section 10 of the EIR, wind at the site is blowing away from developed areas 70 percent of the time. Seasonally, the wind at the WCCSL is predominantly from the south during February through November. During December and January, the winds are predominantly from the north. BAAQMD enforcement records over the last 5 years indicate the WCCSL has not received any violation notices, no confirmed odor complaints, and one unconfirmed odor complaint. Thus, pursuant to the BAAQMD criteria, the WCCSL has not caused a significant odor impact. The composting process is proposed to continue to be conducted year-round. As described in Appendix 313 of the EIR, initial composting operations include the use of shredding, Page 28 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County conveyors, and screening equipment. The shredded materials are then formed into windrows approximately 14 to 18 feet wide at the base and 6 to 8 feet high. An 8- to 12-foot-wide equipment access road separates the windrows. Active composting in the windrows requires 8 to 12 weeks, during which time water is applied, the windrows are turned for aeration, and the necessary operation monitoring (such as checking temperature within the windrows) is conducted. Following the 8- to 12-week period, the composted materials are placed in maturing piles and, when sufficiently matured for its intended end-use purpose, the compost is screened and removed from the site. The main odor sources at the Composting Facility relate to the following: initial receipt, storage, and processing of the feedstock materials; active compost windrows and, to a lesser extent, the compost maturing piles; and ponding of water in the operations area that has infiltrated the storage piles and windrows during the wet season (compost leachate). Odors from composting are principally the result of reduced nitrogen and sulfur compounds caused by partial anaerobic conditions. Storage of runoff water in the Area A retention basin would also be an odor source, but this water is expected to be substantially diluted and has not been and should not be a source of nuisance odors in the future. The Applicant's Draft Report of Composting Site Information (RCSI) addresses several operational and control measures to control odors, including the design, operation, monitoring, and site improvements associated with the proposed Composting Facility. According to the Applicant's RCSI, the Applicant would utilize best management practices, including rapid incorporation of food wastes and food processing industry waste with other compostable materials, and use shredded materials or compost to prevent nuisance odors; frequently turn the windrows to promote aeration; and frequently regrade the operations area to promote drainage and prevent ponding of compost leachate. The Applicant's GIMP is included as Appendix l OC of the EIR. The Applicant is proposing to expand the windrow composting operation from green and wood waste and unprocessed food waste (e.g., uncooked fruits and vegetables) to include feedstocks with a high nuisance odor potential, such as food wastes, biosolids, agricultural residues and waste (including manure and stable waste). Composting of these materials during the rainy season would be of particular concern as rainfall could saturate the windrows and possibly lead to creation of anaerobic conditions. Turning the windrows in the early stages of the composting process has a high odor potential since the internal portion of the pile can turn anaerobic due to lack of oxygen. All necessary operational details have not yet been developed by the Applicant that can assure nuisance conditions related to odor do not occur. Further operational experience is needed with these feedstocks to address the needed mix of these feedstocks with processed green and wood waste to achieve the optimum C/N ratio; the need for processing restrictions; the need for seasonal use restrictions; the need to consider alternative composting technologies; as well as any other needed measures to control odors. The required Mitigation Measure 10-5 would reduce this impact to a level that is less than significant. Laving reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Page 29 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County Impact 1O-7 Application of liquid anaerobically digested sludge to the southern and eastern sideslopes of the closed landfill could create objectionable odors. This impact is considered potentially significant. Mitigation: a) The feasibility of WCWD providing short-term lagoon storage (2 to 3 months) of anaerobically digested sludge (i.e., a slurry in a lagoon) with a liquid aerobic cap would be demonstrated and evaluated. This evaluation shall include, but is not limited to, the following measures: ■ Short-term lagoon storage approach would be demonstrated to reduce odor impacts with spraying of sludge on the landfill sideslopes. • Volatile solids reductions from lagoon feedstock to lagoon withdrawal material would be identified. ■ Odor monitoring at the short-term lagoon storage system would be continued to confirm that this storage system in itself will not cause an odor problem. Operational criteria would be determined for lagoon feed rates and loading, sludge withdrawal, cap water maintenance, maintaining "aerobic' cap conditions, cap water covering all sludge material, lagoon supernatant handling, etc. b) A liquid biosolids spreading demonstration project work plan would be prepared, under the review and oversight of the LEA and BAAQMD and demonstrate whether residual odor would be consistent with impact standards of the BAAQMD and this ETR. The results of Mitigation Measure 10-7(a) would determine whether the sludge, which has received short-term storage, can be integrated into the work:plan. The work plan shall include, but not be limited to, the following items: identify the types of biosolids that will be spread in the demonstration program; i.e., digested sludge direct from digesters, sludge removed from lagoon after "X" months of storage, etc. Identify the analytical work that will be completed on such material to help identify odor impacts of spreading (percent solids, percent volatile solids, pH, ammonia, temperature, total reduced sulfur compounds (TRS), etc. Page 30 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County ■ Identify/define data that will be collected at the spray application site including area loading rates, spray flow rates, and nozzle pressures, spray distances, and data collected during spraying such as odor monitoring in the vicinity and downwind. Spraying would be conducted in different climate/wind conditions to establish potential limitations for full-scale operation. ■ Identify/define data that will be collected on water that runs off the application areas: quantity of water and data on BOD, SS, nutrient content (including ammonia). Fecal coliform density of any runoff solids would be determined. ■ Identify the various conditions under which spraying will be limited such as time of day, wind/atmosphere conditions, precipitation conditions, frequency of application, and other conditions. c) The liquid biosolids spreading demonstration project would be conducted under the review and oversight of the LEA and BAAQMD,and a report of findings prepared. The Applicant would demonstrate that liquid biosolids can be spray-applied as proposed without creating nuisance odor conditions. The LEA and BAAQMD would then determine under what conditions liquid biosolids can be spray-applied to the landfill slopes to provide the required odor control. The work plan shall include, but not be limited to the following items: • Analysis of data would be extrapolated to determine nearby area/downwind odor impacts from biosolids spraying operations. Atmospheric odor modeling would be used as necessary to make these predictions. ■ Identify control measures that will provide acceptable odor, to include: limits on loading rates (liquid and solids loading), limits on type of biosolids applied, climate/wind restrictions, time of day restrictions, frequency of application, and other appropriate limits. ■ Analyze information to identify the fate of biosolids pollutants, such as nutrients (nutrients taken up by site vegetation, or percolate downward into the final landfill cover, or contained in site runoff', transformed in gaseous release to atmosphere, etc.), and similar fate for biosolids metals and also for residual pathogens within biosolids. Sj=rting Explanation: Application of high-moisture-content biosolids obtained from the adjacent gest County Wastewater District (WCWD) Wastewater Treatment Plant to closed Page 31 WCCEL Bulk Materials Processing Center and Related Actions Centra Costa County landfill sideslopes is a proposed activity within the proposed Biosolids/Dredged Material Spreading operation. The biosolids would be anaerobically digested at the WCWD plant with a moisture content typically ranging from 94 to 98 percent (2 to 6 percent solids). It is proposed that 24 million gallons (MG) of these biosolids would be spray-applied during the dry months of the year (April to October) to about 22.5 acres of the southern and eastern sideslopes of the landfill (Figure 3-3 and 311-1 of the Draft EIR). in the past, the Applicant has accepted dried sludge from the WCWD plant's sludge drying lagoons (20 to 60 percent moisture) for use as Alternative Daily Cover and to enhance the landfill's final cover soils without odor impact. It is expected this activity would continue without creation of nuisance odor conditions, since operationally there have not been problems with past practice. The Applicant conducted limited investigations in 2002 that included limited applications of liquid biosolids to landfill sideslope areas and a progress report was prepared. According to the Applicant, w offensive odors were noted in these pilot demonstrations. Prior to full-scale implementation of biosolids spreading, the Applicant proposes to conduct further testing to refine the rates and methods of application. Analyses included in Section D of Chapter 6 in the Draft EIR,however, indicate that the disposal of the large quantity of water included in 24 MG of sludge (about 22.5 to 23.5 MC) may not be feasible as proposed and that either more land area would be required, or the quantities of biosolids would need to be reduced(see Mitigation Measure 6-4, above). The continued acceptance of dried lagoon sludge from the WCWD at the landfill would be operated to prevent nuisance odor conditions because that sludge, which has been anaerobically digested, has been stored in the lagoons for many months. This storage provides a large amount of stabilization of the sludge material where volatile solids and other odor- producing components of the sludge are f wther degraded. As a result, the odor nuisance of the dried product is substantially reduced because the dried sludge is much more stable. BAAQMD enforcement records over the last 5 years indicate the WCWD treatment plant has not received any violation notices, and one confirmed odor complaint. Thus, pursuant to the BAAQMD criteria, the treatment plant has not caused a significant odor impact. Anaerobic digestion is an effective sludge treatment process that serves to destroy typically 40 to 52 percent of the volatile solids, stabilizes remaining sludge, destroys pathogens, and reduces odor and vector attraction potential. However, even with 30 days or more of retention time in the digesters (the amount of time most sludge particles remain in the digesters for treatment) as commonly obtained at the WCWD plant, the spray application of this material at full-scale implementation on about 22.5 acres would have the potential to create nuisance odor conditions that would be experienced by surrounding land uses, including users of the proposed Public Access Trail (Trail). Mitigation Measure 10-7 contains requirements for additional evaluations and refinement of technical parameters, and the water pollution potential. Large-scale operation would be guided by these measures. The requirements of this mitigation measure to provide for additional evaluations and refinement of technical parameters, with the performance standard of no off-site objectionable odors,would mitigate this potential impact to a level of insignificance. Page 32 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County Having reviewed and considered the information contained in the FFIR., the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Health and Safety Impact 11-7 The proposed spraying or spreading of liquid biosolids (greater than 90 percent moisture) to the landfill sideslopes as well as the spreading of drier biosolids (less than 90 percent moisture) could impact WCCSL employees and users of the Trail. Mitigation: (a) WCCSL employees would have the necessary inoculations prior to their participation in the biosolids spreading program. (b) The Applicant would demonstrate to the RWQCB that lagoon storage of biosolids at the WCWD produces Class A biosolids pursuant to 40 CFR. 503 regulations. This demonstration shall include, but is not limited to, the following. x A work plan would be prepared which defines the pathogen and related testing that will be completed on the biosolids. The work plan would be reviewed by the RWQCB and the FPA Region 9 Sludge Coordinator before beginning work. • Upon approval of the work plan, pathogen testing work would be completed on digested sludge and sludge withdrawn from the storage lagoon to determine if Class A pathogen densities have been achieved. ■ Lagoon operational parameters would be defined during this testing work that would then be used in the future to help define the conditions under which Class A material is produced — conditions such as length of time within lagoon storage, feeding limitations,etc. (c) Lacking such a demonstration in Mitigation Measure (b) above, the Applicant would demonstrate to the RWQCB that a combination of Trail closure, rotational dried biosolids spreading, and fencing can be used to provide the necessary site restrictions to conform to 40 CFR 503 regulations and provide the necessary public health protection. The Page 33 WCCEL Bulk Materials Processing Center and.belated Actions Contra Costa Coun,�, demonstration shall include, but is not limited to, the following: Identify set-back distances/restrictions from the Trail and any other public-accessible area/locations. ■ Define fencing, signing, and related features that will be adequate to prevent public access to areas of biosolids application under certain site conditions. Define other restrictions such as area closure during and after spreading/application, closure for certain periods of time or time of day, closure during rain, fog, or other situations. (d) The Applicant would demonstrate to the RVvQCB compliance with the vector attraction reduction requirements of 40 CFR 503 regulations. It is assumed Option 1 (Table 11-4) would be appropriate and involves demonstrating that the mass of volatile solids (VS)in the biosolids is reduced by a minimum of 38 percent during biosolids treatment. the minimum of 38 percent VS reduction in the treatment system can be demonstrated with either of the two following methods: • Direct Calculations. The VS concentration in its influent and effluent biosolids samples will be monitored. Influent samples would be the 24-hour composite sample paced with the influent flow rates. Effluent samples could be daily grab samples. The mass of VS reduction can be calculated directly from the flow and VS concentration data. • Sludge Production. The VS reduction is proportionate to the sludge production. From the biochemical oxygen demand and total suspended solids concentrations and flow rate in the influent and effluent samples, the sludge production rate can be calculated and the reduction of VS mass can be verified. Supporting_Explanation: The Applicant's control measures incorporated into the Project include the following: a) Biosolids would not be placed in any area where the public can have contact with the materials. During biosolids application, sensitive portions of the Trail would be closed Page 34 WCCSL Bulk Materials Processing Center and Related,fictions Contra Costa County for a 4- to 6-week period and areas fenced off to prevent public access until the materials are disked into the soil surface of the landfill cover. b) Signs would be posted at the edge of biosolids application areas indicating boundaries of the area and warning unauthorized persons of the restricted access. c) Spray application of liquid Biosolids of typically 2 to 6 percent solids would be conducted at the southwestern portion of the WCCSL site only under favorable wind conditions (e.g., less than 10 mph), when wind drift of bioaerosols to the Trail is not likely. d) Spray application of Biosolids would be conducted in a downwind direction and applications would be adjusted to account for wind speeds and directions. Spraying would be suspended if necessary (wind speeds in excess of 20 mph or wind blowing toward the Trail). e) Employees would be required to use protective clothing and instructed in proper Biosolids handling procedures. fj Regular follow-up observations of working practices would be conducted by the Applicant and quarterly employee retraining would be required to assure public health safeguards are met. g) An annual report would be prepared,under the review and oversight of the LEA, which summanzes the health protection procedures that were followed, any problems, and corrective measures that were or need to be taken. Application of high-moisture-content Biosolids obtained from the adjacent West County Wastewater District (WCWD) Wastewater Treatment Plant to closed landfill sideslopes is a proposed activity within the proposed Biosolids/Dredged Material Spreading operation. This is also discussed extensively under Impact 11-1, above. The discussion is incorporated by reference herein. The Applicant's proposed Biosolids/dredged material spreading includes spraying or spreading of high moisture content Biosolids (greater than 90 percent moisture) obtained from the WCWD to the southern and eastern sideslopes of the Class II landfill. The Biosolids are anaerobically digested wastewater (sewage) sludge. Drier Biosolids (less than 90 percent moisture) from the WCWD lagoons could also be applied to all of the landfill final slope areas. The Biosolids are considered to be Class B under 40 CFR 503 regulations, which is not pathogen free. However, Class B Biosolids do have adequate pathogen reduction requirements which, along with use of site restrictions to prevent human contact, would enable it to be used at certain saes. The spray application of Biosolids would produce bioaerosols. Potential receptors of the bioaerosols include WCCSL employees and customers, and users of the Trail. As can be seen from. Figure 3-7 in the EIR, the alignment of portions of the Phase 1 and 2 Trail is near(about 500 feet) the proposed Biosolids spray application area, near the southwestern corner of the Class 11 landfill. Additionally, the Phase 2 and 3 Trail segments would proceed through the western and northern landfill sideslope areas that will receive annual applications of Biosolids, Page 35 WCC'SL Bulk Materials Processing Center and Related actions Contra Costa County which is a continuation of an existing authorized practice to improve soil tilth and provide nutrients for plant growth. While some of the technical details of the proposed biosolids spreading program still need to be evaluated further by the Applicant, the Applicant has acknowledged that public health protection is a prerequisite for this activity to be permitted and implemented. The application of the Applicant's control measures, Mitigation Measure 11-7, and the requirement to meet prescriptive and performance standards for management and handling of the biosolids materials as directed by appropriate regulatory agencies, would mitigate this impact to a level of insignificance. The detailed discussion in the mitigation measure itself explains the technical requirements and basis for determining the impact would be mitigated. Having reviewed and considered the information contained in the FEIR, the Hoard finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. Impact 11-11 Green wastes can contain the plant pathogen Phytophthora ramorum, the causative agent of Sudden Oak Death. The Composting Facility and Wood Waste Recovery Facility could facilitate the spread of this pathogen. Mitigation. The Applicant shall comply with new revised Federal rule and revised California rule regarding composting and control of Phytophthora ramorum, expected some time in 2043. If finished compost or .mulch is transported out of the quarantined area, a Compliance Agreement would be executed with the County Agricultural Commissioner at the required time. SgRRorting_Explanation Sudden Oak Death is an oak-killing disease first discovered in California in 1995. In California, Sudden Oak Death has been reported from Sonoma Valley in the north to Big Sur in the south, a 190-mile range, as well as east to the Napa County border, about 25 miles inland. In October 2001, Alameda County became the tenth California county to be infested with the pathogen. Contra Costa County is one of 12 counties in the State that were quarantined by the Federal goverment on February 14, 2002, thus regulating the interstate movement of regulated or restricted articles. Quarantined counties include the following. Humboldt Solano Mendocino Alameda Sonoma Santa Clara Napa San Mateo Marin Santa Cruz Contra Costa Monterey Research on Sudden Oak Death and the regulatory framework for composting facilities is ongoing. The CIWMB is helping to sponsor a research project at the University of California Page 36 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County at Berkeley to verify that composting is effective at destroying this pathogen. A new revised Federal interim rule and revised California rule will address composting and accepting potentially contaminated wood waste. Under the anticipated regulatory environment, requirements will differ for existing permit holders, such as the Applicant, depending on whether or not finished products are transported out of the quarantined area, as follows: 1. If materials such as compost or mulch stay within the quarantined area, no restrictions would apply. 2. If materials are transported out of the quarantined area, then the following would apply: • Finished compost could be beneficially used, but the Applicant would need to execute a Compliance Agreement with the respective County Agricultural Commissioner, as the agent of the California Department of Food and Agriculture,which would contain certain specified conditions. • Wood waste such as mulch which has not undergone the composting process could only go to a specific permitted facility. The Applicant, as well as the transporter, would be required to execute compliance agreements with the respective Agricultural Commissioner. Implementation of the above requirements in Mitigation Measure 11-11 would reduce this impact to a level that is less than significant. Having reviewed and considered the information contained in the FEIR, the Board finds that the Mitigation Measures described would reduce this potentially significant impact to a level of insignificance. V11. Findings on Related Actions The project evaluated in the WCCSL Bulk Materials Processing Center and Related Actions EIR included two "Related Actions": (1) a Class II Landfill Height Increase, and (2) a Public Access Trail. A height increase in the Class II area of the landfill is proposed to correct for differential settlement and provide adequate drainage at the top of the landfill, as well as provide additional capacity. Evaluation of the height increase in the EIR is required before a Solid Waste Facilities Permit revision can be issued by the Local Enforcement Agency, but this height increase is not subject to the jurisdiction of Contra Costa County. A Public Access Trail (Trail) surrounding the WCCSL has been envisioned for many years. While segments of the Trail have been considered in previous CEQA documents, most of the currently proposed Phase 1 alignment has not, and none of the total alignment has been addressed in the context of other proposed Project components. The Trail would be subject to the Control Measures and Mitigation Measures identified in the WCCSL Bulk Materials Processing Center and Related Actions EIR to address potential environmental impacts Page 37 WCCSL Bulk Materials Processing Center and Related.Actions Contra Costa County associated with the Trail, which include Mitigation Measure 9-4, which eliminates a proposed Phase 4 of the trail in order to eliminate or avoid potentially significant impacts to wildlife and its habitat. VIIL Findings Regarding Proiect Alternatives The EIR describes potential alternatives rejected during the scoping process. In response to comments on the Draft EIR and on the RTC, the EIR also describes why some alternatives suggested by commenters should not be evaluated further. The Board adopts and ratifies the EIR's conclusions on these potential alternatives, for the reasons stated in the EIR. The EIR evaluated a reasonable range of alternatives to the original project that was described in the Draft EIR. These alternatives include the No Project Alternative, the Alternative WRC Location on the WCCSL Site Alternative, and the Alternative Composting Process Alternative. A Preferred Environmental Alternative was also identified. The analysis examined the feasibility of each alternative, the environmental impacts of each alternative, and the ability of each alternative to meet the Applicant's project objectives. The EIR also adequately discussed modifications and refinements of these alternatives. The Board certifies that it has independently reviewed and considered the information on alternatives provided in the EIR and the record. The EIR reflects the Board's and the County's independent judgment as to alternatives. The Board finds that the Preferred Environmental Alternative (PEA), as discussed in Chapter 13 of the EIR, and which includes the Project proposed by the Applicant, the mitigation measures discussed in Chapters 4 through 12 and summarized in Table 2-1 of the Draft EIR, elimination of Phase 4 of the Trail, the Area A location and associated development plan for the proposed WRC, and the use of aerated static pile as the primary composting process provides the best balance between satisfaction of the Applicant's project objectives and mitigation of potential significant impacts to the extent feasible. Significant impacts associated with the proposed Project would be reduced to less- than-significant levels with the PEA, with the exception of PMI O emissions. Although the PEA would have lower PMIO emissions than the proposed Project (because of the reliance on the aerated static pile composting process in lieu of windrow composting), a significant unavoidable PMIo impact would remain. The No Project Alternative as proposed in the Draft EIR is rejected as infeasible. The no- Project alternative would not meet the Applicant's Project objectives that relate to restoring areas of the landfill central plateau, expanding recycling operations while further reducing reliance on landfill disposal, establishing a facility for self-haul and new business, and facilitating improved alignment of the Trail. In view of the substantial settlement that has occurred on the landfill plateau, limiting the Class II landfill to a maximum fill height of 130 feet msl would not provide a needed "buffer" to maintain acceptable slopes after anticipated future settlement. More effective drainage management would not be provided. Under the No Project alternative, the significant unavoidable adverse impact associated with particulate matter less than 10 microns in diameter (PMIo) emissions discussed in Chapter 10 would not occur. Emission levels associated with existing permitted WCCSL and BMPC operations would continue. Page 38 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County With the No Project alternative, a large increase in resource recovery processing capacity would not occur (also considered "unrealized") at the WCCSL. Table 13-1 of the Draft EIR summarizes the unrealized resource recovery processing capacity under the No Project alternative. The table shows the proposed increase in permit limits for the BMPC, their corresponding estimated diversion efficiencies, and the unrealized resource recovery processing capacity in tons per year. Approximately 957,150 tons per year of waste materials are proposed to be processed through the Project. This material would have to be processed at other existing or proposed facilities. A portion of the materials would have to be processed at the Central IRRF, which is permitted for 438,000 tons per year (TPY) (1,200 TPD) and currently receives about 55,000 TPY. The municipal solid waste proposed for the WRC (365,000 TPY) would be handled at the Central IRRF within this permitted capacity under the No Project alternative. Currently, the Authority's Self-Haul Agreement with Richmond Sanitary Services prohibits acceptance of self-haul waste at the Central IRRF. The remaining waste material of about 519,150 TPY would need to be processed/disposed of at other facilities,resulting in a possible loss of new diversion for some jurisdictions. IX Finftgs Regarding Growth Inducement The Board finds that the Project would have no growth-inducing impacts because, as explained in the EIR on pages 14-3 and 14-4,The proposed Project is mostly activity related and does not involve construction of major new facilities that would stimulate the Bay Area's economy. The proposed Waste Recycling Center (WRC) and relocated equipment maintenance building would be the main new facilities. Construction of these facilities would occur over a relatively short period of approximately 18 months. The number of new construction jobs would be negligible compared to the City's and County's total employment. The demand for skilled labor would likely be met from the existing labor pool. Expanded resource recovery and recycling operations would be expected to create new jobs. In addition, adding recyelables to various markets (instead of disposal in landfills) would have a positive, but unquantifiable economic impact. The BMPC changes provide for substantially increased resource recovery operations at the West Contra Costa. Sanitary Landfill. The related actions include a vertical height increase at the Class II landfill for improved drainage management, and the Trail. The landfill height increase from 130 feet above mean sea level (msl) to 160 feet msl, assuming the WRC is constructed at the former Soil Remediation Building location, would also provide approximately 17 months of additional disposal capacity with landfill closure in about April 2005. Provisions of additional resource recovery and disposal capacity could be viewed as growth inducing, since a possible constraint for future growth would be removed for a limited duration. However, such activities are not now a constraint to growth, nor are they expected to become so in the future. In the General Plan Growth Management Elements of both the City of Richmond and County of Contra Costa, the following public services are identified as controlling factors for growth for which performance standards have been established: traffic Page 39 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County circulation, water, sanitary sewer, fire protection, public protection, parks and recreation, and flood control and drainage. Other public services, such as related to solid waste, are addressed by General Pian policies rather than performance standards. The proposed Project, as detailed in the EIR, is consistent with both the City and County General Plans. Increased resource recovery, recycling, and provision of a local facility for the public to drop off waste is encouraged in the General Plans and required by the California Integrated Waste Management Act(also known as AB 939). X. Statement of Overriding Considerations As noted in Impact 10-2, emission increases from on-site sources would exceed the BAAQMD significance thresholds for PMIG. On-site emissions consist of process emissions (from stationary equipment and facilities), mobile equipment, vehicles operating on and off the site, and fugitive dust generated by the action of vehicles and equipment on unpaved surfaces. The Draft EIR provides a detailed discussion of control measures proposed by the Applicant in addition to Mitigation Measure 10-2 (see page 10-18 through 10-21 of the Draft EIR). A wide range of control measures have been proposed by the Applicant for all aspects of BMPC operations. Control measures and Mitigation Measure 10-2 are designed to control on-site emissions. Despite these measures, this impact cannot be feasibly mitigated to a level that is less than significant. Estimates for existing, 2008, and 2015 emissions of PM10 substantially exceed the BAAQMD's standard threshold of significance of 80 pounds per day. In the Draft EIR, Tables 10-4 through 10-6 showed the estimated existing and future Project- generated emissions for 2008 and 2015 from on-site and off-site activities. In the Final EIR Responses to Comments document, Tables 10-4, 10-5 and 10-6 were revised to reflect updated emissions estimates. While the numerical value of impact shown in Tables 10-4 through 10-6 has increased slightly, conclusions regarding the significance of impacts are unchanged. Emissions of ozone precursors (ROG and NOx) would decline from existing levels primarily due to a gradual decline in the LFG generation and current and future State-mandated emissions standards for heavy duty off-site road vehicles and equipment. Existing on-site PM10 emissions were calculated to be about 413 pounds per day. The proposed Project would result in an increase in on-site emissions of PM10, primarily due to the proposed increase in throughput (materials processed) for the asphalt and concrete recycling operations and composting. Calculated PM10 emissions in the Final EIR are shown to increase from the existing 413 pounds per day to 1,479 pounds per day in 2008. The estimated emission. for 2015 remained unchanged at 2,206 pounds per day. The net increase of PM10 for both on and off site of 1,084 pounds per day in 2008 and 1,809 pounds per day in 2015 (see revised Tables 10- 5 and 10-6 in Final EIR)would exceed the BAAQMD's threshold of significance of 80 pounds per day. Despite the Applicant's control measures and the imposition of all available mitigation measures, at the time of these Findings, no feasible mitigation measure exists to fully mitigate Page 40 WCCSL Bulk Materials Processing Center and Related Actions Contra Costa County this impact to a less than significant level. In light of the overriding considerations set forth below, the Board finds and determines that each of the following benefits of the Project outweighs the remaining significant, adverse impact of the Project. These considerations warrant the approval of the Project and each of its component parts, notwithstanding the remaining significant impact. Each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the Project outweigh the significant, adverse environmental impacts and is an overriding consideration warranting approval. • The Project provides infrastructure to reduce the amount of solid waste being disposed of in our landfills. The Project, which involves substantial waste diversion (resource recovery), serves to implement solid waste management polices and goals, required for meeting or exceeding the State mandate that local governments divert 50% of solid waste from disposal in landfills pursuant to the Integrated Waste Management Act of 1989, as amended. • The Project would permanently preserve the vast majority of the Project site as open space that might otherwise be designated primarily for industrial or commercial use, thereby preserving the natural beauty of the open space as well as its habitat value for plants and wildlife. • The Project, through payment of a Mitigation Fee, would help implement provisions designed to minimize illegal dumping and improve the livability and quality of life in the North Richmond community. • The Project would remedy existing deficiencies related to public access to the San Pablo Bay shoreline. It enhances a network of regional trails in the area. It protects the biological and aesthetic resources of Wildcat and San Pablo Creeks,portions of the bay shoreline, and tidal flats located in Area C by precluding interference from solid waste and recreation uses and by establishing exclusionary buffer zones. Page 41 EXHIBIT E MITIGATION MONITORING PROGRAM WCCSL BULK MATERIALS PROCESSING CENTER AND RELATED ACTIONS In accordance with the California Environmental Quality Act (CEQA), the Contra Costa County Community Development Department(CDD), serving as Lead Agency,prepared an Environmental Impact Report (EIR) for the West Contra Costa Sanitary Landfill (WCCSL) Bulk Materials Processing Center and Related Actions (Project). The EIR identifies the significant adverse impacts of the proposed Project activities. The Final EIR also identifies mitigation measures which, when incorporated,would reduce or eliminate these impacts with one exception. Emission increases from on-site sources would exceed the Bay Area Air Quality Management District (BAAQMD) significance thresholds for particulate matter (PM10). This impact cannot be mitigated to a less-then-significant-level and is a significant unavoidable impact of the proposed Project. Overview Assembly Bill(AB)3180 became law in California on January 1, 1989,and the requirements have been incorporated into Section 15097 of the CEGA Guidelines. Section 15097 requires all public agencies to adopt monitoring and reporting programs when they approve projects with EIRs or Negative Declarations that identify significant environmental impacts. The monitoring and reporting program must be adopted when a public agency makes its findings under CEQA when the project is approved. The program must be designed to ensure project compliance with mitigation measures during project implementation. If certain project impacts extend beyond the project implementation phase, long-term mitigation monitoring should be provided in the monitoring program. Purpose The Mitigation Monitoring Program has been prepared to ensure that all required mitigation measures are implemented and completed in a timely manner as part of Project construction and operation and maintained in a satisfactory manner during Project implementation. The program may be modified by the CDD during Project construction and operation as necessary in response to changing conditions or other refinements. This program is designed in a checklist format for ease of use by the responsible parties. The checklist identifies the individual mitigation measures and the time fxame for implementation, and assigns a"party responsible to implement, monitor, and confirm the implementation of the mitigation measure. A description of the elements of the mitigation monitoring program is provided below. WCCSL BMPC Mitigation Monitoring PrograttJCDD BM'PC and Related A CtionS Contra Costa County MITIGATION MONITORING PROGRAM Management Unless otherwise specified herein, the WCCSL (Applicant) has the responsibility for taking all action necessary to implement the mitigation measure according to the specifications provided for each measure and to demonstrate to CDD that the action required by the mitigation measure has been successfully completed. CDD will be responsible for overall administration of the Mitigation Monitoring Program and for verification. The CDD Director will designate a project manager to oversee the Mitigation Monitoring Program. Duties of the project manager include the following: • Conduct routine inspections,plan checking,and reporting activities. Serve as a liaison between CDD and the Applicant regarding mitigation monitoring issues. Coordinate with agencies having mitigation monitoring responsibilities. Complete forms and checklists and maintain reports and other records and documents generated by the monitoring program.. w Coordinate and assure corrective actions or enforcement measures are taken, if necessary. The Applicant will identify appropriate staff who will be responsible for coordination with CDD on the Mitigation Monitoring Program. Reporting and Evaluation Schedule The Applicant will be submitting to inspections by CDD and other responsible agencies to determine if the Project is in compliance with state and federal regulations. As part of this Mitigation Monitoring Program, the Applicant shall prepare an annual monitoring report on the compliance of the Project with the required mitigation measures. lnfor ation from the CDD regarding the inspections shall be compiled and explained in the annual report, as well as supplementary information on each of the long-term environmental mitigation monitoring items. The narrative report will also include supporting statistical information, where necessary. The report shall be designed to simply and clearly identify whether required mitigation measures are being, or have been, adequately implemented. At a minimum., each report shall identify the mitigation measure or measures to be monitored for implementation, whether compliance with the mitigation measure or measures has occurred, the procedures and standards used in assessment of WCCSL BMPC Mitigation Monitoring Progna n/CDD Page 2 B11 PC and Related Actions Contra Costa County compliance, times and dates of monitoring, name(s) of monitor(s), and whether further action is required. The reports shall be submitted to CDD for review and approval. In addition to specific reporting requirements for monitoring of individual mitigation measures,the overall progress, completion, or violation of the Mitigation Monitoring Program shall be reported annually by the Applicant to CDD. Reports that identify successful progress on implementation of the Mitigation Monitoring Program or successful completion of the Mitigation Monitoring Program shall be reviewed and filed by CDD. 'These reports shall be available for public inspection. If a report identifies one or more violations of the Mitigation Monitoring Program, CDD will take one of the following actions within. 10 working days of the receipt of such report: 1. Directly notify the Applicant by telephone of the violation and attempt to obtain voluntary compliance. 2. Notify the Applicant of the violation in writing and request voluntary compliance. 3. Conduct a field inspection. 4. Initiate enforcement action. CDD must review the annual report and provide a written response to the Applicant indicating whether the report is complete and satisfactory. If the report is found to be incomplete, the Applicant will submit the requested additional information within.30 days of notification by CDD. If the report's conclusions or data are found to be unsatisfactory, CDD will inform the Applicant whether or not technical peer review will be necessary. CDD will specify the type of additional work to be done and whether this can be accomplished by the Applicant or will require outside consultants. Evaluation Checklist The annual monitoring report submitted by the Applicant will be evaluated by CDD to verify the success of mitigation measure implementation. Table 1, the Mitigation Monitoring Checklist that is included at the end of this document, should guide CDD in its evaluation and should be the basis for the reporting effort conducted by the Applicant. The evaluation checklist is designed with the following categories: Condition#* Refers to the condition of approval number given by CDD to each of the required mitigation measures. WCCSL BMPC Mitigation Monitoring Program/CDD Page 3 BMPC and Related Actions Contra Costa County Mitiga'Ztion Measure: Contains the text of mitigation measures applicable to the Mitigation Monitoring Program. Mitigation measures have been cross-referenced where applicable and represent the full text of the measures as stated in Chapter 1 of the Responses to Comments Document. Pam Resyunsihle fnr I=1em=tatiara° Identifies the party or parties responsible for complying with all the requirements of the mitigation measure. In most cases, the Applicant will be responsible for conforming to the mitigation measure. Monitariug Triggers/ Eresluency: Monitoring triggers are the time frame that monitoring is triggered and should occur. The trigger for starting the monitoring and the frequency of mitigation monitoring are identified in the table and abbreviated as follows: A Annual AS As Needed C Continuous DO During Operation DPC During Project Construction FEIRC .Following Environmental Impact Report Certification FCBST Following Completion of Biosolids Spreading Trials FLCL Following Final Closure ODO Ongoing During Operation ODPC Ongoing During Post Closure PC Prior to Construction. PD Project Design PTBST Prior to Biosolids Spreading Trials PTFSI Prior to Full-Scale Implementation PTO Prior to Operation W Weekly Mil gtune cheslult: The reporting milestone or schedule for reporting monitoring is noted in column 5 of the Mitigation Monitoring Checklist, The reporting schedule is the frequency or approximate time frame in which the mitigation monitoring reporting will take place. This is the time or frequency that the receiving and approving parties will receive documentation on monitoring compliance. These milestones or time frames may also correspond to the time frames and abbreviations noted in the Monitoring Triggers and WCCSL BMPC Mitigation Monitoring Program/CDD Page 4 BMPC and Related fictions Contra Costa County Frequency. The types of :milestones typically reported in the .matrix are during Project design, Project construction, ongoing during operation and during other time frames as noted. Compliance: Compliance details: (1) the procedures and standards for monitoring implementation of mitigation measures and for assessing adequate implementation of or compliance with mitigation measures, (2) type of compliance action that is necessary to ensure that the mitigation measure is adequately performed and documented, and(3)the dates of site inspections. The compliance action is the action for which the responsible party is accountable. Typically, the Applicant will prepare documentation to be submitted to CDD and, in some cases, to a Responsible Agency where noted. The typical types of compliance actions noted include written reports and documentation(such as logs)and periodic site inspections. This program recommends that a monthly construction report (MCR) be prepared by the Applicant to demonstrate construction mitigation compliance. During construction, CDD will be masking facility visits to review construction practices. In addition, the Applicant's site monitor shall keep a daily construction log that verifies implementation of construction measures. The Applicant will meet with the construction contractor to brief him/her on construction requirements prior to starting Project construction. All recommended applicable construction mitigation measures shall be included in the project drawings or plans and specifications (contract drawings). The abbreviations are used as follows: AR Annual Report- CA eportCA Compliance Agreement IP Interpretive Program MCR Monthly Construction Report PCP Post Closure Plan PI Periodic Inspection PR Progress Report QR Quarterly Report PS Signage Plan SPECS To be included in Project Drawings&Specifications(Contract Documents) TR Technical Report WD Written Documentation WR Written Report WCC5L BMPC Mitigation Monitoring Program/CDD Page 5 BMPC and Related Actions Contra Costa County R Monitoring Jo: CDD is responsible for ensuring monitoring program compliance. The compliance action, supporting documentation, and monitoring reports should dtimrately be filed in the Mitigation Monitoring file for the Project, kept at CDD; however, occasionally, the monitoring would be required for special. agencies, such as the BAAQMD. In these instances, CDD will request that the responsible party submit a duplicate copy to the appropriate Responsible Agency where the Mitigation Monitoring file is kept. The status column is for verification of compliance. The status column is to be initialed by CDD based upon the documentation provided by the Applicant, their agents (qualified individuals), responsible agencies, or through personal verification by CDD. Funding AB 3180 does not provide a specific funding mechanism for implementation of mitigation monitoring and reporting programs. However, public agencies have the authority to levy charges, fees, or assessments to pay for the program,just as they currently do for the preparation of EIRs. For the implementation of the Project, the Applicant will be responsible for the costs of mitigation monitoring. The conditions of approval require that the Applicant be financially responsible for implementation of mitigation monitoring. WCCSL BMPC Mitigation Monitoring Prograsn/CDD Page 6 W W f � 0 rsn o � � w "•� 5 u baja o ¢ 3 m v C ro y eC wtd v v o rsa cr-d.n•E w •`� �. 3lr��,`'. TJ i`.ia '.�' G CS :W+I.+- LL U. �'i "� Lk ..•'C1''fir" g G•� tC � v J Ca v ams v u„ ea ' v � 4, v c • o a � nieon 21. moo a �° � s45 a _ oao � caEj � t% �•y„ �r, � � i.,, � .� w W oo� �, � � o C � x � u .-. � t� �a �;.�U w :o �. w � � � �r3 a0u � �r c i U U ar C2 cd GC � o � U O � c rn a v y [ dLnU � •o y -cs p a, d ... to c� cn c o tip G z w O Q O cs 72 c a8. •0. y �° a < d E oz :y '_ �' N.•.' A C w 'C ..�^.. 4u O I€ u O :: sa m � te!w � R c5 � V O � Q� p w b �� w O O.'Q; ^5 r0. 23 L•-+ in � D4,GY a�0+ C C N O vi' b y +�•, �n w @, y a` O c •J y E.• ,+, O 7✓ .-. t� >,.� '.µ o cn m'm C A.2 �N O m v p u. N O at .O tG,1^ ✓...'O W .zy O O 4-r 6 o LU �.' O O W O £l, 67 Q�t p i" .b u6J O CO i 17 ttl C fC a. V � � M� iilE a as v r� U 3 o � ❑ U 3 w �c ua a c G� .o a 0 a U rte. G� 67 o � � o 65 n fx n 0 � n i w o a.' ca � p � ami U U N c di c C � U a u o tJ c �s a Ri o c .5 0 ° a c ani v ato o ° E R CL" o p. ra c% m c e oe � ME o o GG o E �, rs b o 'U a� as ar c is eo= x oc o 'c o ° a i w G p' °°C4 e3 > -c N .� '�.o U °' ' �' a> ai c ca G � v � o � y ❑ y 1� ... C 'G y � cd v ca p cz' 4 � o ... [x, s. � -owe .c .ca a m v .� .c = v 3 > co.n c eG �• �a m . m @ U t- .d m � J J � Q U � u-} w 1 � a� •- w Ca a- 4 a tt a� Y� U � 'a air d �G+ G O• 15 t 4 o� Y a n All, tn "� s' �° ��' .� � a � �' Win°.. "" `� �.,� �: � � � cs � � �° � � •� ... Y. d µf cn c> 3 aA o 3 G O S a a • v> A O N U J 'G .fir' ooh i y w'1 R L'. m va w a' - -v cea ��o r v4 �i oO a o " c tn � w M i � U E j Ln i d a co va a U � L a � tr i FA C su �`�", CA d Ile r+ b w° n «.7 .n � o'c •g �� •b ,,,� 6 � .n �� � uo � ..e, ,Ls 4 "C1 � o:"O c�,t � y U, Q. �. C) >v S:, 'C LGL G �., � 6 ❑ II.U U ,� tr � C Gk t 63 y} s.. � � y:, =; �•� .s � ani � � n°.cs —�,,,� � � c a°> az`3 fi•c � '��' ;� � � o:a� 3 �� `�° Rr 8 � rJ"ya 4" 4wJ � p iC at 63 �C � {-" � � � •� •�.Sw rr � 6 � ,✓ aS .'� � tl b 95 a~ 6 CS p 'bG ewa 4Ui as El, O r�r�, 4a? O N i fl c CJ. G7 L oa. .. cs oo a,�r �C ca u.'"� a, '[ J CL � U CIO Y 9z r1 � rte` 8 uy�j U � O y u a� U •`� p -� U U C � CSS bA ?' 92 day �4p �.r N CSS �f - p p 03 y ^ (J .9 y '� .4 Q1 Y J4 Lii U p � J p p �' � aroro > aipo r. esca _ a o cr 0 Ey .s5 c o a%) a v 0 ro m _ U � Oz � . o 'R Kj m o o ° 7'2 �c q a w � . o e a r • • r +• C'� p p ea � w p U o � C ;�• to o6 ��+ 1 ,"� U f^ c�tl O G.'�"� r per, t ro J �` yfy VJ Y c C C C O U 'b � U � o E � yy oc 18 V ..7 Q R U x U w al 4.4 4.0 n � ¢ I o A U ; a O tir 0 e Lr G H ° E o _ b . d1-0 HE LyC L .n 'in - � ��.' C coe �"aoi� � a n,w ani 'm' d ° � � � v {"c., � .c � � � ° o O ro.� •ct � 0 1; .' ' 13o o E o b y a cone ar ayCy ti� q c� ni U faw�i � r U Z y t3 u y w o ?3 ar o •° y = a ec U y aKi n o > s Y3 i °n o a � � o � c� coo ; Z:. o UQo � � chi.2 �° ��^ z o b b o coe c .5 •2 d v ar ra R ao .� � � r000ny daEcL ` om �ab cnrti i ora vb ° a L) O a pct c� Ei� •b .V•. Yy O .p r.., t�'a R.. •_ '.. y b O o y7' C O p� .may [.. ..�,. CL ryi, ?+ O 0.•F3 '.L1 C..i y ^J .� y .n 3 O1 'Cf i2..r of C �. ai U � 3 ON is 04, Plel- v � � v a 7 U p U 8—K A r. a �n -q C w � � � a c ^o °wv mitis a �e .y ° .r, t „ a �J Q. ya"'i i s Y r a A ^sum , . as n o x o CIK w ro C Nw Gw4 `� •� '�� �, �' � ry�"j� � 7^" ami � °� � U � °." c o� ^ o � ei p' L7 t � b1J i -4 U i Y q t U U r, I U u a� I � I t 0 ° E O ` a� � t 1 vw E a IS .Q tai ° °- o o °�' .E o ° w y c c L b °� to CI- ar ami" �y v y 0 Ln ? ° C. C w-_ � n ° fro6p � Ucod ' jy sn �' as � $ ca C ❑ O as� m .c v y '�7 ' �., � C �, c� •o � � „`� � � � � d � � c.c .� by y� � v ie � � � •y � � � � ..a� L as .[ > a m n n o c o p er a Y �' •� ° o v �s et c m n o y m u c $ m a E ° o .� ro G 9=.w 3 c a c 3 c � 3 � t c N s �s �n `U two a cn U v Ca ' x a 2 a. J 0 � U Or 101, v as y .« as w � � 'm � ,,�, � id t° •� .° � G, � �„� � f� �. S � vTsw. � � � � as m� � � � •� �' ��„ � a v °' �� 3 d r I i 3 � i bA y' 2" i s :3 s o � � � v � ¢ ,. U -ti wU wv sU cnU wc� w � o El U � i 'o uo E I C O :r 0 ri c t: o t � x a ro ro c °' c ro ar o v a 1as ar s as y 'G a ^� •W 'w •nfy aci ro e`i v m droa ' mm o � °v o ,.a � ® ro � o ca'r c� rr � � a ar o,.�•ts n � • ar ro❑❑ ro " ani 'E m79 .°� o.o y�yy .yy o 9 a a �E Kt ta .� *,; %�s � � °' � � � •= . � .'. CY a ar sa y W v' > ro c � _ ai o u i o r. o v a, h CN i n rq s r c a c� p � .✓ n. � O u c�• 9-1 "'� Gw O U G� rC3 N '� bU w`� � '$'y D'�� t�3 �D„ y�'�'✓ ""' v � ve ea L8 r^ ..+ ,��,,, r ,`�., Hca O ' ✓y,+a C7 ,�,..+»+ 6 G 1 �"' �' " � G����ry�c �� $•��+ �' '� �'���, >`'fin,.���` .�s ca:a � ar � u� ,d, �� � ¢.wdr^ �y�,�"�w`✓.,,, 6 N� i�S u�s'n4� � p �y �V p �' ��t3 C a���'3 �, � K� Cd .'"'" 'n��N rad � 67 +✓ �+ ,�' �A CA^' N fit',,,•.,. y,. `.:fid,ty ,,. .0 `S .� O '.,i� yam,,, ""d � �n °� � N > na v fiCs a e5 a ea G �sv e� c rs v ...� r r,� •eC v'�. rsop c 'cam � � �•°' ��� a �� n.'�� > p � � � � u A y $ M 1-0 L •, y� M I VJ bA O L7 � �O t4 t U p _ G . _ dl G � LA L b O 3 c.. � � oA 4.o v 'a. © � � u w o � � .� 'ro � c � tin � •.�� � � � ° 33}E, ` w G G.' .�., fU �y y _G"° M•�.. O O G" p •C .�. !". G '03 o b .td o a3a orCaa � � o �•° •� ar o,� w „`�, ,� � � ° G � � y � �'¢2s . °J•� 5 ��°,r � � c 3 .a '�, R. C ca '°" G cC , " •M .,a c U rn 'G G V O. wj G y!as w .� • a ' i p o o ` ma s c ora _ to o ` CL cy c Y ie o c o o © ani cc •a' o ar cl 0- az L'7 «u �. v o a a G � U b y, ❑ ate+ C G � a r t'. m v '= 63 O ��. IS U U _ 4 Od N ✓ �' a w •,�G+ Y �g' ~a •� mfr.� N „� U ^L3 �'tl �yU„ �; 6 ."�,,� U �p p(7 �L' ✓ tau o` v �s �' o sa Cr N � '.p � "r � 'fr'` •�' O ifl �� �, rQ fd � U �.'" FS B op rs CC66 O Y U r& M O+ LJ { � & e | � � Q � < J \ � » $ � Q ; e § 3 � ) \ t _ w k }$ ) # {77 a # ƒ ¥ . « } � ± 22\ t ) 7 § � $ k {k ) k ( $ ƒƒ / % # § Cd \ M. � k\ } \ \ //k � ±\/ \ 27 Cd \ $ Ja77Ea - § # 7 \ Q § E27 2 \ \— b6ao _ , 7 . § � ,> same = om ° = & = » , , , E \ + a = oez ® t � ® - \ # oet2 & § oma = ¥ E � o _ <« �±_ � � � - - • . ƒ : � # Jm — \ r�- a c� �a v� c c � � m C I o t V � as p 'd 'y ca.'�• uen« cry �' v m az r � 3 14 ' .gym 8 _0© c �! s i w p u � a O � U 'x+ a T..f rw .� o pCJd o U Cm m C� 3 d :. V t) M CJ N7 w v, r � V S.e i b2A ° c �+t w G y cw a }� GNU Gi SY. Vi `...Z � F—Q � n •off • ovi >r � � .� �" � � ci5,-�' c. a 3 � � a 3 W e aa � j A °sw 0" C..' G7 r O C O � u p � c � '�' �'.� � � rs.- �� �• cvk, y .cam M " a � a � oa � c � � � o .�.' ° '�� •*~ ;� 'y, q•�'' Q. c _. � ro c� � � .� � Crl as � .y N ,� � -- tz �d ------------ � v c � CN � cn AW C o � fl � C p, U a �s a: ea e� .. 9z to ., .amu 'd 'e ea c �r 4i o•.w d N '`° r t0 ro OR •�"�5, " o c , a o °gid aa. a� c '� acx Z u � o ?n` 40, fu 0 ° O ' a v o c six u o c v` L) 0 0 ~ 3 =� c96s o o ar �` r m t) U jz U u i r� �a I � t C U � z L C � I v CL w se v ao fc arto ^� It60C m v�;� •y „ ae it OR ❑° NG: ° 1,5 � ` 0cS o% � o •� e o r a � a �ow o �, aY cs aai v v o c c a o o •� � � � � a � �, •y: d a� �' v F-• �, m rn s � a � c3 3 tL S W as l u w U i i cv x a� u c �' ^""` 'C3 w � ✓ri rr', ca(... i C C O 42 .2 -0 w ys tC .-. CJ � eM C•= �' ro ._ �. �at� c ,��, � +n � � ar � c.> acs r� a�' G Z � c� .�" � •� � m � �� � �+ rn � C3 'LS '.� • • n � m 4F � e u �n t q C U � o � o w an O ..r 4a moo ? c •o G tea:5�^c� � s� o ' 'ca tt��1 „�,� +� O�" 6 6) �. ry' 3 ca. a ai Q ° 3 6 a 9=0 MT 9� w ami •R',� a� .� � � � .°u � � � =n,.� rs.� � � �� � �, - � � cs � c � It o a a ❑ p 0 0 a E i o cu o oo '^ � •Ew r r a ro 8 i cd cd Cs� AS �n 41 1.11 tet. Y 400W oz o 4 t 41 v C a? r v 0 , « � t' � �'�`•` .� m ti o y cs w p xv r tJ ? t U ad ri 0 c»» d UO ccnn ✓ _ `hCL va dui CA. d � U C 43 fir" Ute. O V F7. y `J4 bR �' 78 d L3 n v C7 E r ' O ai C i 'i„ o O zi j op rug to V 8 C 04 C tJ 0 in u°. 04 U. ;n w C7 C a w ci a a ctw d tn .. V w w w a Q c� cfl Cl. cl o 0 o V a cn ro .� U a ai �c o o ami c°> a s bb o✓ cY� G� CA C.7 V V a C� V V m U •� Cn C U U 4 CC! Cp V V V a [ 1 tx v EXHIBIT F RESOLUTION NO. 31-2004 RESOLUTION OF THE CONTRA COSTA COUNTY PLANNING COMMISSION, AFFIRMING THAT THE COMMISSION HAS REVIEWED THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WEST CONTRA COSTA SANITARY LANDFILL BULK MATERIALS PROCESSING CENTER AND RECOMMENDING APPROVAL OF LAND USE PERMIT 022026 (AMENDING LUP 2054-92). WHEREAS, an application by West Contra Costa Sanitary Landfill, Inc. (Applicant) and West County Landfill, Inc. (Owner) to amend existing Land Use Permit (LUP) # 2054.92 (as amended by LUP 2043-94) was received by the Community Development Department on March 13, 2002 to allow expansion of existing resource recovery operations at the existing landfill site; and WHEREAS, a Notice of Preparation of an Environmental Impact Report (EIR) was distributed on October 10, 2002 by the Community Development Department; and WHEREAS, on November 1, 2002 the County held a scoping session on the project in North Richmond; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, a Draft EIR was prepared and circulated for review and comments between November 6, 2003 and December 22, 2003 and the Zoning Administrator held a public hearing in North Richmond on November 25, 2003 to provide further opportunity for public comments on the Draft EIR; and WHEREAS, following the close of the comment period on the Draft EIR, the County prepared written responses to the comments received; and WHEREAS, the County published the Response to Comments Document, on June 25, 2004, which provides a reasoned response to all comments received during the comment period that raised significant environmental issues; and WHEREAS, the Response to Comments Document was distributed as required by the California Environmental Quality Act and the State and County CEQA Guidelines; and WHEREAS, on Tuesday, July 6, 2004, the County Zoning Administrator, at a closed public hearing, considered the Final EIR, and recommended to the County Board of Supervisors that the Final EIR was prepared, processed and completed in accordance with CEQA and is adequate for certification; and WHEREAS, on July 13, 2004, the County Board of Supervisors, at a public meeting, considered and certified the Final EIR; and NOW, THEREFORE, BE IT RESOLVED, that the County Planning Commission declares that the Commission reviewed and considered the Final EIR for the proposed LUP Conditions of Approval before acting on this item; and BE IT FURTHER RESOLVED, that the County Planning Commission on the basis of the record hereby takes the following action: 1. Recommends to the County Board of Supervisors that the Board approve LUP 022026 (amending LUP 2054-92), as recommended by staff. BE IT FURTHER RESOLVED, that the County Planning Commission makes the following findings: 1. Land Use Permit Findings: A. The proposed project, as conditioned, will not be detrimental to the health, safety and general welfare of the county. The project incorporates many design features and control measures that will serve to protect the health and safety of workers and the public. The findings of the WCCSL Bulk Materials Processing Center and Related Actions Environmental Impact Report (EIR) prepared under the guidelines of the California Environmental Quality Act (CEQA) demonstrated that with the exception of air quality(PM90 emissions, all other potentially significant impacts identified in the EIR would be mitigated to a level of insignificance. A Statement of Overriding Considerations pertaining to PM90 emissions is to be adopted as part of the CEQA Findings (see Exhibit D). B. The proposed project, as conditioned, will not adversely affect the orderly development within the County or the Community. The site is currently being used as a bulk materials processing center and Class Il sanitary landfill. The Class 1i sanitary landfill is scheduled to stop accepting waste for disposal in January 2006. The proposed use is compatible with existing operations as it will expand the recovery and beneficial reuse of bulk materials. C. The proposed project, as conditioned, will not adversely affect the preservation of property values and the protection of the tax base within the county. The project is designed within the existing footprint of the WCCSL project site. The project will add to the tax base of the County. D. The proposed project is consistent with the policies and goals as set by the general plan. The project is located in an area designated as Open Space (OS) and Class I Waste Disposal in the County General Plan; the proposed project is directly related to bulk materials processing. The Phase 3 alignment of the Public Access Trail in the unincorporated area is consistent with the North Richmond Shoreline Specific Plan. RESOLUTION NO. 31-2004 Page 2 of 5 .................................................................................................. ............................................................................................................................................................................................................................................................................................................................ ............................................................................................................................................................................................................................................................................................................................ E. The proposed project, as conditioned, will not create a nuisance and/or enforcement problem within the neighborhood or community as the use is consistent with the general plan for the area. The project will be located on the central portion of the WCCSL property. It will not negatively impact any existing residential or commercial uses. The EIR identified no significant impacts to noise, traffic, odors, or land use compatibility. F. The proposed project will not encourage marginal development in the neighborhood. The project is separated tom the neighborhood by the outer portions of the WCCSL site, topography, and existing light industrial uses. G. Unique characteristics of the subject property and its location or surroundings are established. The site while adjacent to light industrial uses, is adequately separated from the surrounding neighborhood. The site is ideal for the proposed project as it will be a continuation of bulk materials processing operations at the project site. II. Growth Management Element Performance Standards Findings A. Trak: The project will generate an estimated increase of 60 vehicles per hour by 2003 and 100 vehicles per hour by 2015 during the WCCSL peak hour (10:00 — 77:00 a.m). The 700-vehicle per-hour increase during the WCCSL peak hour does not trigger the CC TA requirements for a traffic report pursuant to Measure C requirements administered by the Contra Costa Transportation Authority. B. Water The final landfill grading plan contained in the WCCSL Bulk Materials Processing Center and /;elated Actions Project FIR, shows the main drainage facilities. More detailed drawings for each of the BMPC Project components with drainage patterns and control features are included as Chapter 3 appendices (Figures 3B-7, 3C-1, 3D-7, 3F-1, and 3H-1) of the Project FIR. The Project does not propose development of new paved surfaces that would increase storm water runoff volumes. Several new buildings are proposed (Figure 3-4), but these are limited in size. Increased storm water flows resulting from construction of additional impervious areas would be conveyed away from the site by appropriately sized down-gradient channels with respect to pavement, drainage control, and availability of utilities. C. Sanitary Sewer The project lies within both the City of Richmond and he unincorporated area of Contra Costa County, and within the Fast Bay Municipal Utility District (FBMUD) and West County Wastewater District. The Applicant is required to comply with the requirements of these service districts. The Initial Study conducted by the County for the project in 2002 identified no significant impacts to the sanitary sewer system. D. Fire Protection: The project lies within both the City of Richmond and the unincorporated area of Contra Costa County, and within the West County Fire RESOLUTION NO. 31-2004 Page 3 of 5 Protection District and City of Richmond Fire Department (RFD). The Applicant is required to comp with the requirements of these service districts. Station 62, located at 1065 Street, North Richmond, is the closest fire station to the WCCSL. The RFD estimates a 4-minute response time to an emergency at the WCCSL. The second closest fire station is Station 70, located at 13928 San Pablo Avenue, San Pablo, and would respond within 5 minutes of an emergency at the WCCSL. An EBMUD water system hydrant is located one block off site near the intersection of Parr Boulevard and Garden Tract Road. American Medical Response is the emergency ambulance service dispatched through RFD. The RFD has a hazardous materials team at Station 64, located at 4801 Bayview Avenue, Richmond. The RFD's estimated response time to a hazardous materials emergency at the WCCSL would be within 6 minutes. The WCCSL Emergency Response and Evaluation Plan is included in Appendix K of the Report of Disposal Site Information (RDSI). Emergency fare control procedures are also included in the composting and wood waste recycling operations plans. Pursuant to Title 27 of the California Code of Regulations (27 CCR) §20780, the Applicant is prepared to take the necessary measures for prompt fire control as required by local fire authorities. E. Public Protection: The Growth Management Element Standard is 155 square feet of Sheriff facility station per 1,000 population. The Initial Study conducted by the County for the project in 2002 identified no significant impacts to police protection services. No new residences are proposed by the project. F. Parks and Recreation: The Initial Study conducted by the County for the project in 2002 identified no significant impacts to parks and recreation services. No new residences are proposed the project would create expanded recreational opportunities with implementation of the Phase 3 alignment of the Public Access Trail along the northern Bay shoreline of the WCCSL site. This potential impact is considered beneficial. G. Flood Control and Drainage: The required closure standard for the WCCSL Class Il facility is based on the maximum probable 100 year, 24-hour precipitation. Therefore, any drainage controls, such as down drains, bench drains, channels, and culverts must be designed to accommodate a 100 year, 24-hour storm event. Additionally, under Regional Water Quality Control Board, San Francisco Region, composting facility policy, all areas used must be protected from inundation by surface flows associated with the 24-hour, 25-year storm event. The Applicant's design basis for drainage controls is included in Section 11I.B.6.b of the RDSI and in Appendix H of the Final Development and Improvements Plan. BE IT FURTHER RESOLVE© that the Secretary of this Planning Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the Government Code of the State of California. RESOLUTION NO. 31-2004 rage 4 of 5 - _............................................................................................................................................................................................ The instructions by the Punning Commission to prepare this resolution were given by motion of the Planning Commission on Tuesday, November 30, 2004, by the following vote: AYES: Commissioners: Battaglia, Wong, Mehlman, Snyder, Caddis, Terrell, Clark NOES: Commissioners: bone ABSENT: Commissioners: None ABSTAIN: Commissioners: bone ATTEST: Bennis M. Barry, Director Community Development Department County of Contra Costa State of California RESOLUTION N©. 31-2004 Wage 5 of 5 EXHIBIT G Agenda Item#7 Community Development Contra Costa County COUNTY PLANNING COMMISSION TUESDAY, NOVEMBER 30,2004 AT 7:00 P.M. 1. INTRODUCTION The West Contra Costa Sanitary Landfill (WCCSL) Bulk Materials Processing Center (BMPC)Project(Project)consists of a Land Use Permit#LP 022026,which would amend the existing Land Use Permit(LUP) 2054-92 for the WCCSL Bulk Materials Processing Center. The Project applicant is West Contra Costa County Sanitary Landfill, Inc.(Applicant)and the property owner is West County Landfill, Inc. (Owner). II. RECOMMENDATION Staff recommends that the County Planning Commission make a recommendation to the County Board of Supervisors to approve LP 022026(amending LUP 2054-92),subject to the Conditions of Approval that are attached as Exhibit A. III. GENERAL INFORMATION A. General Pian:The County General Plan designation for the subject property is Open Space (OS) and Class I Waste Disposal. The WCCSL site is within the North Richmond Shoreline Specific Plan Planning Area(designated to be used as Parks and Open Space following the cessation of existing recycling activities which will continue for an undetermined period that may be 30 years or more). B. Zoning: The subject property is in the North Richmond P-1 zoning district. C. CEQA Status:On November 6,2003,a Draft EIR was circulated for review, beginning the 45-day public comment period;the Zoning Administrator held a public hearing in North Richmond on November 25, 2003 to provide further opportunity for public comments on the Draft EIR;on June 25,2004 the Final EIR/Response to Comments document was distributed as required by the California Environmental Quality Act (CEQA);on July 6,2004,the County Zoning Administrator conducted a closed public hearing regarding the adequacy of the Final EIR,and recommended to the Board that the EIR be certified as being in compliance with CEQA; on July 13,2004,the County Board of Supervisors certified the EIR as being in compliance with CEQA. A copy of the approved Board Order is attached as Exhibit B. No action was taken on adoption of findings or approval of land use permit conditions. D. Previous Applications: LUP 2054-92: This permit allowed the construction and operation of the BMPC consisting primarily of asphalt/concrete recycling operation and a wood recovery operation at the unincorporated portion of the landfill site. The County Board of Supervisors approved LUP 205492 in July 1993. This Project(LP 022026)is being processed as an amendment to LUP 205492. LUP 2043-94:This permit amended LUP 2054-92 to allow the development of a Soil Remediation Facility onsite to treat soils contaminated with hydrocarbons. This County Planning Commission: 11/30/2004 Staff Report:LP 022026 Page 1 operation began in 1996 and has since been terminated by the applicant; the Soil Remediation Facility building was demolished in 2004. The County Board of Supervisors approved LUP 2043-94 in May 1995. All conditions related to this Soil Remediation Facility have been removed in the proposed amended Conditions of Approval attached as Exhibit A. E. Reaulato!y Programs: 1. Active Fault Zone: The subject site is not located within the A€quilt-Priolo fault zone area. 2. Flood Hazard Area:Undeveloped portions of the WCCSL site are located within the 100-year flood plain. 3. Redevelopment Area: A portion of the WCCSL site is located within the North Richmond Redevelopment Area; the remainder of the site is located within the City of Richmond. 4. Hazardous Waste:The site is within 2,000 feet of a known hazardous waste site, the inactive (closed) Class 1 waste disposal area which is referred to as the WCCSL Hazardous Waste Management Facility (HWMF). 5. 60 dBA Noise Contour: The site is not within a 60 dBA noise contour. (source: County General Plan Noise Element) F. Other Regulatory Approvals/Entitlements Required: Numerous permits regulate activities at the WCCSL. The following list shows which existing permits will be affected by LP 022026, specifically for those activities proposed to occur within the unincorporated portion of the WCCSL site: Permit title and number Issuing agency Land Use Permit, 1993 No.2054-92,1995 No.2043-94 Contra Costa County Solid Waste Facility Permit,Landfill, 1998 No.07-AA-001 LEA{CIWMB Composting Facility Permit,1996 No.07-AA-0044 LEA/CIWMB Waste Discharge Requirements,2002 Order No.R2-2002-0066 RWQCB NPDES Permit No.2 076005532 RWQCB Authority to Construct/Operate(annual)Plant No. 1840 BAAQMD SWFP No.07-AA-001 will be revised to include the landfill modifications as well as all other BMPC additions and changes,exclusive of the Composting Facility.New permits will also be required from the Bay Area Air Quality Management District(BAAQMD),as of November 1, 2004 no application for this Project had yet been filed with the BAAQMD. In addition, a permit would be required from the Bay Conservation and Development Commission for development of the Trail. IV. SITE DESCRIPTION The figure attached as Exhibit C shows existing land use near the WCCSL. The northern portion of the WCCSL is within the unincorporated Contra Costa County area, while the remainder of the site is within Richmond's city limits. The WCCSL contains two waste management units—an inactive Class I waste disposal area(HWMF) that has been closed County Planning Commission: 11130/2004 Staff Report:LP 0122026 Page 2 pursuant to Federal and State regulations,and the active Class Il municipal solid waste landfill that is expected to close in January 2006. Existing BMPC recycling activities include a green waste/wood waste processing area,a composting area,and a concrete/asphalt processing area. Area A of the WCCSL contains the Class If landfill gas(LFG)power plant,a plant for treatment of leachate(water/liquids that has come in contact with waste within the landfill itself)from the HWMF, and an area formerly used for stockpiling clay soils. Area B is an enclosed runoff control pond located directly south of the Class 11 landfill that receives surface drainage from the WCCSL. Area C, west of the landfill, is a lagoon open to San Pablo Bay. Area C was originally intended to be used for expansion of the Class 11 landfill, but such plans were subsequently abandoned by WCCSL. V. AREA DESCRIPTION A variety of commercial and industrial land uses exist near the WCCSL. The WCWD Wastewater Treatment Plant occupies the greatest land area. Treated leachate from the HWMF and untreated leachate from the Class 11 landfill are piped to the WCWD facility for treatment and/or disposal. The WCWD facility would also be the source of biosolids for the Applicant's proposed Soil Reclamation and Biosolids/Dredged Material Spreading activities. The Richmond Sanitary Service Corporation Yard is to the east,and San Pablo Creek comes within 30 feet of the WCCSL to the east and southeast. The major industries in the area include horticultural growers (Color Spot), a material recycling plant(Central IRRF), and the Chevron Refinery. The Richmond Parkway is a major roadway in the area that extends from Interstate 680 near the east approach to the Richmond-San Rafael Bridge northeasterly to Interstate 80 near Hilltop Drive. The Richmond Parkway is the major approach roadway to the WCCSL. Portions of the Parkway have adjoining residential land uses. Appropriate sections of the EIR considered these residential land uses relative to compatibility with proposed Project operations and/or projected increases in Project-related traffic. To the south of Pan-Boulevard,several areas of older residential uses exist with the closest to the WCCSL(about 1 mile away) being a two- story apartment building on the north side of the Gertrude Avenue/Richmond Parkway intersection. Approximately 7-to 8-foot-high sound walls were installed in these areas when the Barkway was constructed to lower noise levels. To the north of Parr Boulevard, newer residential uses exist with the closest being about 1.7 miles from the WCCSL. With the exception ofthe residential use along the north side of the Hilltop Drive/Richmond Parkway extension, these residential uses are either set back from the Parkway about 100 feet with sound walls, or below grade. These features help to reduce exposure to traffic-generated noise from the Barkway, The residential land use at the Hilltop Drive/Richmond Parkway extension is not significantly set back nor is there a sound wall. VI. PROPOSED PROJECT The Project consists of a Land Use Permit # LP 022026, which would amend the existing Land Use Permit(LUP)2064-92 for the WCCSL BMPC. The aspects for the project proposed to occur within the unincorporated portion of the WCCSL site is summarized as follows: County Planning Commission: 11/3012004 Staff Report:LP 022026 Page 3 ■ increase the amount and types of compostables and wood waste processed. • Increase the amount of asphalt and concrete waste processed. • Construction of a Public Access Trail along the northern shoreline portion of the WCCSL site and the eastern border alone San Pablo Creek(remainder of proposed Public Access Trail around the site will be within the City of Richmond) The Applicant has also applied for and received a conditional use permit from the City of Richmond for other aspects of the proposed BMPC,which will occur wholly within the City of Richmond;those aspects approved by the city are summarized below. • Establish a new spreading/drying operation for wastewater sludge and dredged materials. • Establish a new soil reclamation/processing operation to reclaim non-contaminated soils, and to combine high moisture content mud and sludges and with powdery materials to create a product suitable for Alternative Daily Cover(ADC),final cover, final cap, or off- site use. • Establish a new solid waste transfer station(referred to in the EIR as the Waste Recycling Center or WRC)at the WCCSL to recycle,sort,and transfer for disposal waste from self- haulers, industrial debris boxes, the west Contra Costa communities and commercial customers that would not be processed at the existing transfer station,the West County Integrated Resource Recovery Facility/Central Processing Facility("IRRF")operated by West County Resource Recovery, Inc.at 101 Pittsburg Avenue in North Richmond,under an agreement with the West Contra Costa Integrated Waste Management Authority("the Authority'), The Preferred Environmental Alternative(PEA)identified in the EIR and described in Chapter 13, was found to be the best alternative to meet the Project's objectives and goals, while protecting the environment. The components of the PEA are described in Section E. Preferred Environmental Alternative, pages 13-34 through 13-47. The PEA identified that Area A in the City of Richmond is the preferred location for the WRC transfer station. The PEA,which includes the Project proposed by the Applicant,elimination of Phase 4 of the Trail along the outer levee east of Area C, the selection of Area A for the proposed WRC transfer station, and the use of aerated static pile as the primary composting process, provides the best balance between satisfaction of the project objectives and mitigation of potential significant impacts to the extent feasible. Significant impacts associated with the proposed Project would be reduced to less-than-significant levels with the PEA, with the exception of PM,o emissions. Although the PEA would have lower PM,o emissions than the proposed Project (because of the reliance on the aerated static pile composting process in lieu of windrow composting), a significant unavoidable PM,o impact would remain. All other potentially significant impacts identified in the Draft EIR would be mitigated to a level of insignificance. VII. AGENCY& PUBLIC COMMENTS: Contra Costa County served as the Lead Agency for preparation of the EIR for this Project, pursuant to CEQA. The EIR was filed with the State Clearinghouse and has been identified as SCH # 2002102057. The County prepared the EIR in accordance with CEQA (Public Resources Code§ 21000 et seq.),the State CEQA Guidelines (14 Cal. Code Regs.§ 15000 et seq.)and the County's CEQA guidelines. The Final EIR consists of the Draft EIR published County Planning Commission: 11/3012004 Staff Report:LP 022026 Page 4 on November 5,2003("Draft EIR")and the Responses to Comments published on June 25, 2004 ("RTC"). The Final EIR is comprised of the Draft EIR and Responses to Comments. Copies of this Project's Draft EIR were transmitted to the members of the CPC on November 6,2003 and the copies of the RTC were transmitted to the members of the CPC on June 25, 2004. Bath documents are also available online at http://www.c=ecycle,orgleir/. Below is an overview of the significant milestones of the CEQA process that have been completed related to this Project: ■ October 10, 2002: Environmental Impact Report(EIR) Notice of Preparation issued; • November 1, 2002: CEQA Scoping Session held in North Richmond; • November 6,2003: Draft EIR circulated for review,beginning the 45-day public comment period; ■ November 25, 2003: Zoning Administrator held a public hearing in North Richmond to provide further opportunity for the public to comment on the Draft EIR; ■ December 22, 2003: End of 45-day public comment period on the Draft EIR; ■ June 25,2004: Final EIR/Response to Comments document was distributed as required by CEQA; ■ July 6, 2004: County Zoning Administrator conducted a closed public hearing regarding the adequacy of the Final EIR,and recommended to the Board that the EIR be certified as being in compliance with CEQA; ■ July 13,2004:County Board of Supervisors certified the EIR as being in compliance with CEQA. No action was taken on adoption of findings or approval of land use permit conditions. Vill. STAFF ANAILYSISIDISCUSSION A, Appropriateness of Use: No change to the existing overall use of the landfill, as a waste management and resource recovery site,is proposed.This project involves the expansion of bulk materials processing operations within the footprint of the project site. The proposed use is appropriate for the area because it is compatible with surrounding landfill uses. The nearest residence is approximately 1 mile southeast of the site. B. Site Plan Analysis: The project includes expansion of existing bulk materials processing of concrete/asphalt, wood waste, and composting. The project also authorizes the creation of a pubic access trail along the northern shoreline and the eastern border along San Pablo Creek. Existing roads and parking areas will be used during construction and operation of the facility. C. General Plan/Zoning Compliance: The proposed project is consistent with the Open Space (CSS) and Class I Waste Disposal General Plan designations and the North Richmond P-1 zoning district. The North Richmond Shoreline Specific Plan allows for ongoing resource recovery activities at the WCCSL site for at least a 30-year postclosure period. D. Recommended Conditions of Approval: Amended LUP Conditions of Approval is attached to this Staff Report as Exhibit A. County Planning Commission: 11/3012004 Staff Report:LP 022026 Page 5 E. Deleted. Revised, or New Conditions of Approval in LUP 2054-92: Approval of LP 022026 (amending 2054-92) includes major revisions to the following conditions of approval: • CONDITION 1.2 Soil Remediation Facility - DELETED to reflect termination of facility operations and demolishment of the building. ■ SECTION 9. Service Area - DELETED to allow importation of waste not originating in Contra Costa County as required by U.S. Supreme Court cases; ■ SECTION 22. Seismic Stability (NEW) - ADDED per the requirements of the WCCSL Sulk Materials Processing Center and Related Actions EIR; • SECTION 25.Control of Litter and Illegal Dumping(EXPANDED)-to incorporate Mitigation Measure 4-5 of the WCCSL Bulk Materials Processing Center and Related Actions EIR; and to reflect the Memorandum of Understanding between the City of Richmond and the County of Contra Costa regarding Host Community Mitigation Fees. F. Central IRRF LUP 2053-92: Approval of LP 022026 contains no actions pertaining directly to the West County IRRF/CPF. The Applicant and Authority are still in negotiations regarding the use of the West County IRRF/CPF.The Applicant is aware of the fact that if the WRC is permitted at the WCCSL site(in the City of Richmond), both the IRRF and the WRC would have the capacity and permits authorizing the transfer of solid waste for disposal. If the WRC is built and the Authority decided to direct the waste they control to the WRC,there would not be a need to have two fully permitted solid waste transfer facilities in West County. The Applicant has agreed to the following supplemental provision: "The Applicant agrees that in the event the WRC is permitted and built to provide transfer capacity of at least 1,000 tons per day, the Applicant will agree to amend its permits to relinquish the authority provided by the County Land Use Permit(LUP) No. 2053-92 for the IRRF and the IRRF Solid Waste Facilities Permit to transfer solid waste disposal at the IRRF,unless the West Contra Costa Integrated Waste Management Authority directs the Applicant to transfer JPA solid waste for disposal utilizing the IRRF facility. Nothing herein shall preclude nor be construed to preclude or otherwise limit the continued use of the IRRF as a recycling center for the management, handling and transfer of recyclable materials." Upon conclusion of the negotiations between the Applicant and Authority and final permitting of the WRC by all regulatory agencies, staff will schedule hearings to amend the West County IRRF/CPF LUP 2053-92 accordingly. G. Soil Remediation Facility(LUP 2043-94):As noted above,the Applicant selected the Preferred Environmental Alternative(PEA)(as described in Chapter 13"Alternatives' of the WCCSL Bulk Materials Processing Center and Related Actions Project EIR). The County Board of Supervisors approved LUP 2043-94 in May 1995. Operations began in 1996 and were terminated by the Applicant in 2003; the Soil Remediation Facility building was demolished in 2004. All conditions related to this Soil Remediation Facility have been removed in the proposed amended Conditions of County Planning Commission: 11/30/2004 Staff Report:LP 022026 Page 6 ............................................................................................................................................................................................................................................................................................................................ Approval attached as Exhibit A. iX. FINDINGS Findings required pursuant to Section 26-2.2008 of the County Code: A. The proposed project, as conditioned,will not be detrimental to the health,safety and general welfare of the county. The project incorporates many design features and control measures that will serve to protect the health and safety of workers and the public. The findings of the WCCSL Bulk Materials Processing Center and Related Actions Environmental Impact Report (EIR) prepared under the guidelines of the California Environmental Quality Act (CEQA) demonstrated that with the exception of air quality (PM10 emissions, all other potentially significant impacts identified in the EIR would be mitigated to a level of insignificance.A Statement of Overriding Considerations pertaining to PM 10 emissions is to be adopted as part of the CEQA Findings(see Exhibit D). B. The proposed project, as conditioned, will not adversely affect the orderly development within the County or the Community. The site is currently being used as a bulk materials processing center and Class fl sanitary landfill. The Glass 11 sanitary landfill is scheduled to stop accepting waste for disposal in January 2006. The proposed use is compatible with existing operations as it will expand the recovery and beneficial reuse of bulk materials. C. The proposed project, as conditioned, will not adversely affect the preservation of property values and the protection of the tax base within the county. The project is designed within the existing footprint of the WCCSL project site. The project will add to the tax base of the County. D. The proposed project is consistent with the policies and goals as set by the general plan. The project is located in an area designated as Open Space(OS)and Class I Waste Disposal in the County General Plan,the proposed project is directly related to bulk materials processing. The Phase 3 alignment of the Public Access Trail in the unincorporated area is consistent with the North Richmond Shoreline Specific Plan. E. The proposed project,as conditioned,will not create a nuisance and/or enforcement problem within the neighborhood or community as the use is consistent with the general plan for the area. The project will be located on the central portion of the WCCSL property. It will not negatively impact any existing residential or commercial uses. The EIR identified no significant impacts to noise, traffic, odors, or land use compatibility. F. The proposed project will not encourage marginal development in the neighborhood. The project is separated from the neighborhood by the outer portions of the WCCSL site, topography, and existing light industrial uses. G. Unique characteristics of the subject property and its location or surroundings are County Planning commission: 11/30/2004 Staff Report:LP 022026 Page 7 established, The site while adjacent to light industrial uses, is adequately separated from the surrounding neighborhood. The site is ideal for the proposed project as it will be a continuation of bulk materials processing operations at the project site. Findings required pursuant to the performance standards identified in the Growth Management Element of the County General Plan: A. Traffic: The project will generate an estimated increase of 60 vehicles per hour by 2008 and 900 vehicles per hour by 2015 during the WCCSL peak hour(10:00—11.00 a.m). The 900-vehicle-per-hour increase during the WCCSL peak hour does not trigger the CCTA requirements for a traffic report pursuant to Measure C requirements administered by the Contra Costa Transportation Authority. B. Water: The final landfill grading plan contained in the WCCSL Bulk Materials Processing Center and Related Actions Project EIR, shows the main drainage facilities. More detailed drawings for each of the BMPC Project components with drainage patterns and control features are included as Chapter 3 appendices (Figures 3B-1, 3C-1, 3D-1, 3F-1,and 3H-1)of the Project EIR. The Project does not propose development of new paved surfaces that would increase storm water runoff volumes. Several new buildings are proposed(Figure 3-4),but these are limited in size.Increased storm water flows resulting from construction of additional impervious areas would be conveyed away from the site by appropriately sized down-gradient channels with respect to pavement, drainage control, and availability of utilities. C. Sanitary Sewer: The project lies within both the City of Richmond and the unincorporated area of Contra Costa County, and within the East Bay Municipal Utility District (EBMUD) and West County Wastewater District. The Applicant is required to comply with the requirements of these service districts. The Initial Study conducted by the County for the project in 2002 identified no significant impacts to the sanitary sewer system. D. Fire Protection: The project lies within both the City of Richmond and the unincorporated area of Contra Costa County, and within the West County Fire Protection District and City of Richmond Fire Department (RFD), The Applicant is required to comply with the requirements of these service districts. Station 62, located at 1065 7th Street, North Richmond,is the closest fire station to the WCCSL. The RFD estimates a 4-minute response time to an emergency at the WCCSL. The second closest fire station is Station 70, located at 13928 San Pablo Avenue, San Pablo, and would respond within 5 minutes of an emergency at the WCCSL. An EBMUD water system hydrant is located one block off site near the intersection of Parr Boulevard and Garden Tract Road. American Medical Response is the emergency ambulance service dispatched through RFD. The RFD has a hazardous materials team at Station 64, located at 4809 Bayview Avenue, Richmond. The RFD's estimated response time to a hazardous materials emergency at the WCCSL would be within 6 minutes. The WCCSL Emergency Response and Evaluation Plan is included in Appendix K of the Report of Disposal Site Information (RDSI). Emergency fire control procedures are also included in the composting and wood County Planning Commission: 11/30/2004 Staff Report:LP 022026 Page 8 waste recycling operations plans. Pursuant to Title 27 of the California Code of Regulations (27 CCR) §20780, the Applicant is prepared to take the necessary measures for prompt fire control as required by local fire authorities. E. Public Protection: The Growth Management Element Standard is 955 square feet of Sheriff facility station per 1,000 population. The Initial Study conducted by the County for the project in 20012 identified no significant impacts to police protection services. No new residences are proposed by the project. F. Parks and Recreation: The Initial Study conducted by the County for the project in 2002 identified no significant impacts to parks and recreation services. No new residences are proposed the project would create expanded recreational opportunities with implementation of the Phase 3 alignment of the Public Access Trail along the northern Bay shoreline of the WCCSL site. This potential impact is considered beneficial. G. Flood Control and ArainM: The required closure standard for the WCCSL Class 11 facility is based on the maximum probable 900-year, 24-hour precipitation. Therefore,any drainage controls,such as down drains, bench drains,channels,and culverts must be designed to accommodate a 900-year, 24-hour storm event. Additionally, under Regional Water Quality Control Board, San Francisco Region, composting facility policy, all areas used must be protected from inundation by surface flows associated with the 24-hour, 25-year storm event. The Applicant's design basis for drainage controls is included in Section III.B.6.b of the RDS1 and in Appendix H of the Final Development and Improvements Plan. X. CONCLUSION Staff recommends that the County Planning Commission make a recommendation to the County Board of Supervisors to approve LP 022026, amending LUP 2054-92,subject to the attached Conditions of Approval (Exhibit A). LIST OF EXHIBITS EXHIBIT A:RECOMMENDED CONDITIONS OF APPROVAL--LP 022026 EXHIBIT B: BOARD ORDER—EIR CERTIFICATION EXHIBIT C:MAP OF EXISTING LAND USES IN VICINITY EXHIBIT 0:CEQA FINDINGS 8 STATEMENT OF OVERRIDING CONSIDERATIONS EXHIBIT E:MITIGATION MONITORING PROGRAM EXHIBIT F:RESOLUTION 31-2004 G:(CONSERVATION\BRYMWCCSL-BMPOCPCSTAFF REPORT_11-30-04.DOC County Planning Commission: 11/3012004 Staff Report:LP 022026 Fuge 9