HomeMy WebLinkAboutMINUTES - 10162007 - D.1 Contra
TO: BOARD OF SUPERVISORS
-� Costa
FROM: Dennis M. Barry, AICP County
DATE:
Community Development Director
S'A couN`
DATE: October 16, 2007
SUBJECT: REVOCATION OF INACTIVE LAND USE PERMIT 2117-87
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. OPEN public hearing to consider revocation of Land Use Permit (LUP) 2117-87.
2. CLOSE public hearing.
3. REVOKE LUP 2117-87 due to non-compliance with the required conditions of
approval.
FISCAL IMPACT
No impact to County General Fund. Staff costs associated with this revocation are non-
recoverable and therefore will be absorbed by the Community Development
Department.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Contra Costa County granted LUP 2117-87 (Exhibit A) on October 30, 1990, allowing
Erickson, Inc. to construct and operate a hazardous waste treatment and transfer station
on a portion of the parcel (APN 408-090-028) located at 255 Parr Boulevard in
unincorporated North Richmond area. Erickson sold this parcel and on-site trucking
business to Ecology Control Industries (ECI) in 1998. The hazardous waste treatment and
transfer station allowed under this LUP was never constructed by Erickson or ECI.
CONTINUED ON ATTACHMENT: 0 YES SIGNATURE
__jt�� COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E
PPROVE OTHER
SIGNATURE (S):
ACTION OF BO ON APPROVED AS RECOMMENDED O R
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
ZCUNANIMOUS (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 (925/335-1224) ATTESTEDo�);7
cc: Ron Flury, Ecology Control Industries JOHN CULLEN, CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
BY - ;DEPUTY
G:\Conservation\Bryn\Transfer Stations\Erikson\BO_Edkson Revocation_10-16-2007—DD.doc
-0,/
REVOCATION OF INACTIVE LAND USE PERMIT(LUP)2117-87
October 16, 2007
Page 2 of 2
Condition 4.1 of LUP 2117-87 mandates that the applicant/operator open the transfer
station within three years of approval of all of the project's permits (Validity Period),
otherwise the land use permit becomes void. In August 1998, the Community
Development Department (CDD) granted ECI's request for a one-year extension which
extended the Validity Period through July 31, 1999 (Exhibit B). In January 1999, ECI
notified the County that the company had conducted an evaluation of LUP 2117-87 and
concluded that this project would not be developed (Exhibit C).
Condition 10.8 of LUP 2117-87 requires the owner to fund monitoring of compliance with
the mitigation monitoring program which is developed and implemented by Contra Costa
County. CDD sent a letter to ECI in August 1998 requesting payment of $16,284.19 for
outstanding staff costs associated with compliance and mitigation monitoring for this
project. In February 1999, CDD sent ECI another letter to indicate that our Department
had not received payment and provide ECI with official notice that this constituted a
violation of Condition 10.8 which is sufficient cause for revocation of LUP 2117-87
(Exhibit D). To date, CDD has not received payment for any portion of these outstanding
compliance and mitigation monitoring staff costs.
Condition 3.4 of LUP 2117-87 specifies that a violation of any of the permit conditions is cause
for revocation of the land use permit. Section 26.2.2022 of the County Code identifies the
causes for revocation of conditional use permits, which include continued violation of the
terms, limitations or conditions of the permit after notice of violation. A notification letter was
sent to ECI on August 27, 2007 indicating that the land use permit revocation process would
commence due to violation of Conditions 4.1 and 10.8 of LUP 2117-87 (Exhibit E). ECI has
been informed that revocation of the land use permit does not excuse them from their
obligation to pay the monies owed for above-described outstanding staff costs.
Due to the above-described violations, a hearing was scheduled and noticed to consider
recommended revocation as provided under Sections 26-02.2024 — 26.02.2026 of the
County Code.
ATTACHMENTS
Exhibit A—LUP 2117-87 Conditions of Approval
Exhibit B—Letter from CDD to ECI,August 1998
Exhibit C—Letter from ECI to CDD, January 1999
Exhibit D—Letter from CDD to ECI, February 1999
Exhibit E—Letter from CDD to ECI, August 2007
G:\Conservation\Bryn\Transfer Stations\Erikson\BO_Erikson Revocation_10-16-2007_DD.doc
LAND USE PERMIT
( CONDITIONS OF APPROVAL
ERICKSON HAZARDOUS WASTE TREATMENT/TRANSFER STATION
TABLE OF CONTENTS
SECTIONS PAGE
1. SHORT TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3. COMPLIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4. VALIDITY PERIOD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
S. RECORDS AND RECORD AVAILABILITY . . . . . . . . . . . . . . . . . . . 3
6. ELIGIBLE AND INELIGIBLE WASTE . . . . . . . . . . . . . . . . . . . . . . 3
7. LOAD INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8. ON-SITE STORAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9. OPERATING PARAMETERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10. ADMINISTRATION . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . 7
11. EMERGENCY PROCEDURES 10
12. DEVELOPMENT AND B1 PROVEMENTS PLAN . . . . . . . . . . . . . . . . 12 .
13. SEISNIIC STABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14. SURFACE WATER AND GROUNDWATER PROTECTION . . . . . . . . 14
15. AIR QUALITY PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
16. NOISE CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17. VISUAL QUALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
18. BIOTIC RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19. PUBLIC HEALTH AND SAFETY . . . . . . . . . . . : . . . . . . . . . . . . . . 21
1 i
SECTIONS PAGE
20. SITE SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21. CULTURAL RESOURCES PROTECTION . . . . . . . . . . . . . . . . . . . . 24
22. TRANSPORTATION AND CIRCULATION . . . . . . . . . . . . . . . . . . . . 25
23. SITE SERVICES AND UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . 26
24. CONSTRUCTION ACTIVITIES AND CONDITIONS . . . . . . . . . . . . . 28
25. CLOSURE AND POSTCLOSURE CONDITIONS . . . . . . . . . . . . . . . . 28
26. SPECIAL CONDITIONS OF APPROVAL . . . . . . . . . . . . . . . . . . . . . 29
ti
1. SHORT TITLE
.1 Short Title. The Erickson Hazardous Waste Transfer/Treatment Station project
is henceforth referred to in this document as the Transfer/Treatment Station.
2. RESPONSIBILITY
.1 Ultimate Responsibility. The conditions of approval identify the
Transfer/Treatment Station developer and operator as the parties responsible for
implementing conditions involving construction and improvements, and the
Transfer/Treatment Station operator for implementing conditions involving
maintenance and management. Regardless of these identifications, the
Transfer/Treatment Station owner shall be responsible for complying with all
conditions.
.2 Transfer of Ownership. The Land Use Permit for the Transfer/Treatment Station
shall run with the land; however,.a new owner shall be responsible for notifying
the County Community Development Department (CCDD) of any change in
ownership of the property or facility and of the name of the lessee of any portion
of the facility or parcel. (It is noted that other permits may not necessarily run
with the land.)
3. COMPLIANCE
.1 Compliance Objective. The Transfer/Treatment Station developer and operator
shall at all times comply with the requirements of laws and permits applicable to
the facility.
.2 Design Standard. The Transfer/Treatment Station developer shall design the
Transfer/Treatment Station facility to meet the requirements of the State
Department of Health Services (SDHS) for a Hazardous Waste Facility Permit.
.3 Operation and Maintenance Standards. The operation and maintenance of this
facility shall at all times comply with all applicable local,.state and federal laws
and regulations.
.4 Land Use Permit Conditions of Approval. The Transfer/Treatment Station
developer and operator shall at all times comply with the provisions and
requirements of this Land Use Permit. A violation of any of these conditions is
cause for revocation of the Land Use Permit.
.5 Hazardous Waste Facilities Permit. The Transfer/Treatment Station operator
shall conform with all provisions and requirements of the Transfer/Treatment
Station's Hazardous Waste Facilities Permit, issued by the SDHS.
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.6 Subchapter 15. The Transfer/Treatment Station operator shall at all times comply
with the provisions and requirements of the Authority-to-Construct and Permit-to
Operate issued by the Bay Area Air Quality Management District (BAAQMD).
.7 Other Regulatory Agency Requirements. The Transfer/Treatment Station
operator shall at all times comply with the provisions and requirements of other
regulatory agencies having jurisdiction over the facility.
.8 Other Regulatory Approvals. Subsequent to the approval of this Land Use
Permit, the Transfer/Treatment Station developer 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 Transfer/Treatment Station
developer shall notify the CCDD if proposed or adopted conditions or
requirements do not appear to be consistent with this Land Use Permit or the
Transfer/Treatment Station's Environmental Impact Report (EIR).
.9 Utilities, Service Districts, and Government Agencies' Requirements... The
Transfer/Treatment Station developer or operator shall at all times comply with
the regulations and requirements of utilities, districts, or agencies which have
jurisdiction over the installation of improvements or provide services to the
Transfer/Treatment Station. The agencies shall include the West County Fire
District and the West Contra Costa Sanitary District (WCCSD).
.10 Notice Coordination. The operator shall transmit to the Community Development
Department, 651 Pine Street, 4th Floor North Wing, Martinez, CA 94553-0.095:
(1) copies of all monthly, quarterly, and annual reports to other agencies
concerning the design, operation, and maintenance of the Transfer/Treatment
Station facility; (2)all reports concerning any emergency incidents associated with
facility or waste hauler operation; and (3) any other reports or documents
requested by the CCDD. Such materials shall be sent by regular mail or hand-
delivered.
4. VALIDITY PERIOD
.1 Validity. Period. The Transfer/Treatment Station developer shall install pre-
requisite improvements and open the Transfer/Treatment Station for receiving
hazardous waste within three years of the approval of all of the project's permits,
including the Land;Use Permit and permits issued by.the BAAQMD, WCCSD,
and SDHS. This validity period shall not include the time period during which
an appeal filed by parties other than the Transfer/Treatment Station developer is
pending. The Transfer/Treatment Station developer 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
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time, it shall become null and void. The Director of Community Development
may allow each one-year extension if the Director finds that there are changed
circumstances which warrant the consideration of changes to the Conditions of
Approval.
.2 Operative Date. This Land Use Permit is valid upon approval by the Board of
Supervisors.
5. RECORDS AND RECORD AVAILABILITY
.1 Availability of Records. The Transfer/Treatment Station operator shall make
copies of all reports which must be submitted to regulatory agencies available to
the public at their facility. The Transfer/Treatment Station operator shall provide
to the public summaries of inspections and monitoring which are in a form that
is understandable to the "lay public." Records which are required by regulatory
agencies to be kept will be made available, as requested by the Communication
and Information (C&I) Panel members or Panel staff. The Transfer/Treatment
Station operator will make the Contingency Plan available to the surrounding
residents if requested.
.2 Record Access. The Transfer/Treatment Station operator shall allow access to
the facility and all operation records for the County Health Services Department
(CHSD), CCDD, and any persons or departments responsible for monitoring the
facility or its operation. This access shall not require prior notification.
.3 Incoming Waste Manifest Reports. The Transfer/Treatment Station operator shall
submit quarterly reports to the CHSD on the amount of incoming waste by
California Waste Category.
.4 Manifest Record Availability. The Transfer/Treatment Station operator shall
allow the CHSD to access waste manifest records without prior notification.
.5 Monitoring and Inspection. All monitoring reports and results of regulatory
facility inspections and a summary of daily inspection reports shall .be made
available to the CHSD, CCDD, and any other regulatory agencies 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.
6. ELIGIBLE AND INELIGIBLE WASTES
.1 Eligible and Ineligible Wastes. The wastes admitted to the Transfer/Treatment
Station shall be consistent with the Hazardous Waste Facilities Permit, issued by
the . SDHS, and the Permit-to-Operate issued by the BAAQMD. The
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Transfer/Treatment Station operator shall not allow the following wastes to be
admitted to the Transfer/Treatment Station:
a.. Wastes contaminated with PCBs at concentrations greater than 5 ppm
(mg/1)
b. Wastes potentially containing dioxins
C. Radioactive wastes
d. Infectious wastes
e. Explosives
f. Pressurized cylinders
g. Other ineligible wastes specified in the Hazardous Waste Facilities Permit
issued by the SDHS.
.2 Waste Acceptance Procedure. The Transfer/Treatment Station operator shall at
all times comply with the waste acceptance procedure approved by the SDHS and
CHSD.
.3- Manifest Discrepancies. Any unresolved, significant discrepancies between the
incoming waste load and its manifest shall be forwarded to the appropriate public
agencies within fifteen days in accordance with state laws. (CFR Ch. 1 §264.72,.
Ca. Code of Regulations Title 22 §67162)
.4.' Waste Characterization. Prior to receiving waste, the Transfer/Treatment Station
operator shall prepare and implement a program to characterize incoming waste
by type and amount, by performing detailed load inspections according to a
program approved by the CCDD and CHSD. Reports shall be submitted to the
County on a quarterly basis.
.5 Insured Waste Haulers. The Transfer/Treatment Station operator shall notify all
waste haulers that utilize the facility of the requirement to carry insurance
coverage. The Transfer/Treatment Station operator shall require waste haulers
to provide the operator with proof of insurance and shall immediately notify the
CHSD if waste is received from a hauler without proof of insurance. The
Transfer/Treatment Station operator shall ensure that such an uninsured hauler
does not have access to the facility until proof of insurance coverage is provided.
7. . LOAD INSPECTION
.1 Eligible Vehicles and Loads. The Transfer/Treatment Station operator shall
inspect all loads to prohibit the intake of ineligible wastes. Upon receiving waste,
the Transfer/Treatment Station operator shall comply with all waste acceptance
procedures in the Waste Analysis Plan approved by the SDHS and the CHSD.
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.2 Load Condition. The Transfer/Treatment Station operator shall inspect all
incoming loads and vehicles for proper covering or containerization. If the load
is unacceptable and presents a public health risk, the operator shall hold the load
and vehicle and immediately notify the CHSD and all other applicable emergency
response and regulatory agencies.
8. ON-SITE STORAGE
.1 The Transfer/Treatment Station. operator's procedures for on-site storage shall
include the following measures:
a. Wastes shall be kept in containers compatible with the waste as required
by SDHS and Environmental Protection Agency (EPA) regulations.
b. Leaking or damaged containers shall have their contents transferred to
clean, compatible, undamaged containers. Any leaked. wastes shall be
collected and stored with compatible wastes prior to treatment.
C. All containers, equipment, and storage areas shall be inspected regularly,
at least every week.
f d. Incompatible wastes shall be kept in separate storage areas with separate
spill containment systems.
f e.. All hazardous wastes and materials shall be stored at least 50 feet from the
boundary of the Transfer/Treatment Station facility with the exception of
-the west boundary where all hazardous wastes and materials shall be
stored at least 50 feet from the adjacent Erickson office building located
at 255 Parr Boulevard.
.2 " The Transfer/Treatment Station operator's operation procedures for tanks shall
include the following:
a. No wastes shall be added to tanks until adequately tested for compatibility.
b. No waste or chemical additive shall be added to a tank that could result
in tank failure.
C. Tanks shall be protected from over-filling by .a variety of methods
including: an automatic cut-off for levels 12 inches below overflow, no
open-top tanks shall be used, continuous feed pumps shall not be used.
d. With the exception of treatment purposes, incompatible wastes shall not
be placed or stored in the same tank.
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e. Wastes shall be analyzed whenever a treatment process is to be used.
f. Daily inspections of equipment shall be made to maintain safety.
g. Ignitable or reactive wastes shall not be put into a tank unless.the waste
is rendered unreactive first, or the waste protected from sources of
reaction or ignition.
.3 Hazardous Waste Disposal. The Transfer/Treatment Station Operator shall
appropriately manage and remove residual hazardous waste to an approved
hazardous waste disposal facility within one year of accepting the waste, in
accordance with federal and California regulatory requirements.
-'.4 Equipment and Container Open Storage Area. The Equipment and Container
Open Storage Area shall be paved. Clean equipment and empty containers may
be stored in the equipment and container open storage area. Containers
containing hazardous materials or hazardous waste, or equipment and containers
with hazardous materials residuals or hazardous waste residuals shall not be
stored in the equipment and container open storage area.
..5 Potentially Contaminated Equipment. The Transfer/Treatment Station operator
shall not allow potentially contaminated containers and equipment to be stored in
areas that are unpaved and do not have a containment system. �-
.6 Stacking of Containers. Containers containing hazardous waste or material shall
not be stacked.
.7 Protective Barriers. Protective walls, dikes, or berms shall be included in the
facility layout for incompatible wastes, reactive wastes, and ignitable wastes, as
prescribed by the SDHS and federal regulations 40 CFR 264.177(c).
9. OPERATING PARAMETERS
.1 Hours of Operation. The Transfer/Treatment Station operator shall not open the
Transfer/Treatment Station to receive waste loads before or after normal working
hours (expected to be from 8 a.m. to 6 p.m.) except:
a. To receive occasional loads from spill cleanups and emergency response
related activities.as needed, 24 hours a day;
b. To conduct household hazardous waste collection days on occasional
Sundays, but not to exceed six Sundays per year;
I
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C. To operate at night and/or on Sundays, if necessary, to properly manage
�. waste on site, but not to receive waste.
The Director of Community Development may administratively shorten or extend
the hours of operations prescribed above after consultation with the
Transfer/Treatment Station operator, the CHSD, and the C&I Panel after holding
a public hearing to obtain the comments of other interested parties. To shorten
the hours of operation, the Director of Community Development shall find that
the changes are needed to mitigate substantial noise, traffic, or similar impacts
arising from the operation of the Transfer/Treatment Station which were not
known when this Land Use Permit was adopted. To extend the hours of
operation, the Director of Community Development shall find that longer hours
will not cause traffic, noise, glare, or similar impacts of Transfer/Treatment
Station operations to substantially increase in the vicinity of the
Transfer/Treatment Station.
.2 Operating Days. The Transfer/Treatment Station may remain open for operation
Monday through Saturday.
.3 Maximum Annual Tonnage. The Transfer/Treatment Station may admit a
maximum of 30,000 tons of hazardous waste per year. This total annual tonnage
shall account for all throughput and shall include: 1) household hazardous waste,
and 2) all.wastes managed by Transportable Treatment Units (TTU's).
10. ADMINISTRATION
.1 Relationship of These Conditions to Other Regulations. Several of these
Conditions of Approval relate, paraphrase or summarize laws and regulations
which are imposed and enforced by other governmental agencies which have
jurisdiction over particular aspects of this project. It is the Board of Supervisors'
intent in adopting these Conditions of Approval to provide the applicant and the
public with an overview of the scope of regulation applicable to this project and
to provide this County with enforcement power if such laws and regulations
enforced by other agencies are violated. Unless specifically stated in the Condi-
tions 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 that
any action or inaction is in compliance. with, or violates, any such law or
regulation, that finding shall be conclusive. If these Conditions of Approval
require some approval by any other agency and that agency declines to approve
or disapprove the subject matter, such approval shall be deemed to have been
given for purposes of these Conditions of Approval.
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.2 Delegation of Authority. In any instance where a Condition of Approval provides
that the Board of Supervisors' will decide or act upon a certain matter, the Board rj
may delegate the initial decision making or action with respect to that matter to
the Director of Health Services, the Director of Community Development or such
other designee as the Board determines to be appropriate, provided that there
shall be a right of appeal to the Board from any decision of the designee.
.3 Permit Review. The Board of Supervisors will hold annual public hearings to
review the Conditions of Approval for this Land Use Permit for three years
beginning one year after the commencement of operations of the
Transfer/Treatment Station. The Board may refer proposed changes to the Land
Use Permit to the County Planning Commission for processing. Thereafter, the
County Planning Commission shall hold public hearings on the Land Use Permit
at three-year intervals. As a result of a review and public hearing, the County
Planning Commission may recommend to the Board of Supervisors new or
modified conditions to improve the public health and safety. Nothing in this
condition shall preclude the Transfer/Treatment Station owner from applying for
amendments to the Land Use Permit at any time or preclude the County from
addressing emergency situations or new requirements imposed by State legislation
or the courts.
.4 Interpretation of Conditions. The Director of the Community Development
Department is authorized to interpret these conditions in the event that any
clarification is needed.
.5 C&I Panel. When organized by the CHSD, the Transfer/Treatment Station
operator shall participate in a C&I Panel appointed by the County Board of
Supervisors. The Transfer/Treatment Station operator shall make all efforts to
provide the information, which concerns the facility, requested by the Panel. The
Transfer/Treatment Station operator shall also allow the Panel to have reasonable
access to the facility.
.6� Notification Program. The Transfer/Treatment Station operator shall prepare and
implement a program to notify potential users of the Transfer/Treatment Station
of its opening and closing times, the conditions of its use, site access regulations,
hauler insurance requirements, and a detailed list of hazardous wastes
management options for wastes which will not be accepted by the facility. This
program shall be submitted to and approved by the CCDD prior to commencing
operations of the facility.
.7 Information Provision. The Transfer/Treatment Station developer and operator
shall provide such information as the County may require to review plans and
installations under the purview of the County, except that any requirements for
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additional studies shall be subject to the approval of the County's Director of
Community Development.
.8 Compliance and Mitigation Monitoring Program. The Transfer/Treatment Station
operator shall pay a fee to fund monitoring of compliance with the Mitigation
Monitoring Program which is developed and implemented by Contra Costa
County.
.9 Pre-Annexation Notification. If the Transfer/Treatment Station owner decides to.
request annexation of the Transfer/Treatment Station.to a city, the owner shall
notify the Board of Supervisors at least 180 days in advance of filing any
application for such annexation.
.10 School Development Fee. The Transfer/Treatment Station operator shall be
subject to the applicable school development fee, as outlined in Government Code
Section 53080 et seq. for all buildings constructed for the project.
>A l Technical Assistance. Upon the request of Contra Costa County, the
Transfer/Treatment Station operator shall provide technical assistance for
emergency services planning in the West County area. The Transfer/Treatment
Station operator shall also provide technical advice and/or assistance, if required,
to public agencies within Contra Costa County with waste minimization programs
and other hazardous materials/waste planning.
4612 Public Education. The Transfer/Treatment Station operator shall provide
assistance to public agencies upon request,. for public education efforts in
community notification/evacuation and emergency response.
.13 Comprehensive Project Description Compliance. The Transfer/Treatment Station
operator shall ensure the project is established and operated in a manner
consistent with the Comprehensive Project Description for Hazardous Waste
Transfer/Treatment Facility. If there are any inconsistencies between these
conditions and the Comprehensive Project Description, these Conditions of
Approval shall prevail.
.14 Comprehensive Project Description. If any condition of this Land Use Permit is
more restrictive than conditions stated in the Comprehensive Project Description,
the Conditions of Approval for the Land Use Permit shall govern. The
Comprehensive Project Description refers to "Project Description For Hazardous
Waste Transfer/Treatment Facility, Transfer Station Inc., March 25, 1988" and
its amendments as stated in letters correspondence, from the Transfer/Treatment
Station operator to the CCDD, of the following dates: 1) October 31, 1988, 2)
November 14, 1988, 3) November 29, 1988, 4) December 22, 1988, 5)
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December 30, 1988, 6) January 12, 1989, 7) February 2, 1989, 8).February 8, -
1989, and 9) September 11, 1989. !�
11. EMERGENCY PROCEDURES
.1 Emergency Response Procedure. The Transfer/Treatment Station operator shall
implement on-site and off-site emergency response procedures, as outlined in the
Emergency Plan, immediately upon a spill, release, explosion, or fire event.
.2 Emergency/Contingency Plan Purpose. The Transfer/Treatment Station operator
shall prepare a Emergency/Contingency Plan that shall include the following
functions:
(a) protect the facility and its employees from harm;
(b) control unintended releases of hazardous materials;
(c) protect human health off-site in the event of an emergency;
(d) set out roles of on-site personnel and off-site emergency response
agencies and establish modes of coordination between them; and
(e) establish a means to review and improve emergency response on
a regular basis; and, should an emergency occur, review facility
procedures that may have contributed to or caused the incident.
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.3 ! Emergency/Contingency Plan Components. Prior to operation, the
Transfer/Treatment Station operator shall prepare an emergency plan specified by �.
the Hazardous Waste Facilities Permit and obtain approval from the CHSD. The
Emergency Plan shall include the following:
(a) A fire and explosion component.
(b) A seismic component.
(c) A hazardous waste spills and contamination containment
component.
(d) An evacuation component.
(e) On-site emergency response procedures.
(f) Off-site emergency response procedures.
(g) A public notification component.
04 '
Emergency/Contingency Plan Review. After an emergency, the
Transfer/Treatment Station operator shall review, evaluate and update the
Emergency/Contingency Plan to incorporate any additional measures. The
operator shall conduct the review process with the C&I Panel, and shall submit
the updated Plan to the SDHS and the CCDD for review and approval.
.5 Emergency/Contingency Plan Distribution. The Transfer/Treatment Station
operator shall deposit copies of the Contingency Plans in the North Richmond
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:( Neighborhood.House, the City of Richmond Main Library, the San Pablo and
Pleasant Hill Branches of the Contra Costa County Library, the CHSD, and the
CCDD.
.6 Evacuation Procedure Notification. The Transfer/Treatment Station operator shall
advise employees and nearby residents of emergency evacuation procedures. If
requested, the applicant shallcooperate with the County in formulating an
appropriate education program (See Section 26.3).
Emergency Notification List - Local Residents. The Transfer/Treatment Station
operator shall identify and list residents within a half-mile of the
Transfer/Treatment Station, and distribute and update the list to the Sheriff's
Department at least every six months. The list shall include the telephone number
of the residences and shall identify disabled and elderly.residents who may need
special assistance in case of evacuation.
.8 Emergency Notification List - Local Employment Centers. The
Transfer/Treatment Station operator shall identify and list businesses within a
half-mile of the Transfer/Treatment Station, and distribute and update the list to
the Sheriffs Department at least every six months. The list shall include the
telephone number of the business and the number of on-site employees.
.9 Notification Assistance. In addition to notifying the County Sheriff Department,
�. the CHSD, and other public protection agencies of an emergency event, the
Transfer/Treatment Station operator.shall assist in community notification by:
a. Designating, in cooperation with the C&I Panel, community
representatives for emergency notification. For the purposes of this
condition, "designated community representatives" means the Chair of the
C&I Panel, a resident of the North Richmond neighborhood, a resident of
the Parchester Village neighborhood, and the office of the City Manager
and the Chief of Police of the City of San Pablo. If the Chair is a
resident in one of the two neighborhoods above, additional representation
from the neighborhood is not required.
b. Notifying designated community representatives of any on-site incident as
soon as is practical. An alternate shall be notified if the operator is unable
to reach the designated representative. All incidents that can be seen,
smelled, heard, or felt shall be subject to the early notification procedure
regardless of whether there is a public health impact.
C. Adding the names and telephone numbers of the representatives and their
alternates to the Transfer/Treatment Station's notification list as defined
in the Facility Operational Plan.
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d. The Transfer/Treatment Station operator shall work with CHSD and the
County Office of Emergency Services to implement and early notification
procedure.
.10 Plan Review by Emergency Response Agency. The Transfer/Treatment Station
developer shall submit to emergency response agencies Transfer/Treatment
Station. designs and Contingency Plans prior to construction, to allow
improvements to be suggested and incorporated.
.11 Emergency Communications. The Transfer/Treatment Station operator shall
---- provide radio phones or telephones for employee use to call for medical and other
emergency assistance. Phone numbers to use for outside emergency assistance
shall be clearly posted on the Transfer/Treatment Station and in other work areas.
The communications system shall be subject to the approval of the CHSD.
.12 Emergency Response Services Funding. If requested, the Transfer/Treatment
Station operator shall fund, on an equitable basis, County Environmental Health
Division personnel, training, and equipment necessary to assure adequate level
of emergency response services. If emergency response responsibilities are
transferred to another agency, the Director of Community Development may
require the funding to be directed to the appropriate agency.
.13 Transportation Emergency Response Procedure. The Transfer/Treatment Station
operator shall develop off-site emergency response procedures, to be implemented �.
immediately after a transport-related accident.
.14 Emergency Road. The Transfer/Treatment Station operator may submit to the
CCDD other options for improving emergency access. The Director of
Community Development may allow other proposed measures in place of
establishing an emergency road if the selected measures achieve an equivalent
improvement in emergency access.
.15 Hauler Emergency Communication. The Transfer/Treatment `Station operator
shall require all regular commercial hazardous waste haulers to and from the
facility to have 2-way communication equipment installed, to facilitate
communication in the event of an accident or spill.
12. DEVELOPMENT AND IMPROVEMENTS PLAN
}. .1 Final Development and Improvements Plan Requirement. Subsequent to the
i..
approval of the Land Use Permit but prior to the commencement of any construc-
tion, the Transfer/Treatment Station developer shall submit a Development and
Improvements Plan to the CCDD and obtain the approval of the Director. of
Community Development. The Development and Improvements Plan shall be
12
consistent with the project approved by the Land Use Permit, and prepared to a
level of detail appropriate for the review of the engineering and construction of
the project's on-site and off-site improvements. It shall be internally consistent
with the project's Environmental Impact Report findings, these Conditions of
Approval, regulatory agencies and others having discretionary approvals over the
project, and the Hazardous Waste Facilities Permit issued by the SDHS. The
CCDD will coordinate the review of the plan with the CHSD, the County Public
Works Department, the BAAQMD, the SDHS and the WCCSD. The Transfer/
Treatment Station developer shall comply with all provisions of the Final
Development and Improvements Plan.
1' ,, Final Development and Improvements Plan Components. The Final Development
and Improvements Plan shall include:
a) A Site Design Plan.
b) A Landscaping Plan (Section 17).
C) A Transportation and Circulation Plan (Section 22).
d) A Site Services and Utilities Plan (Section 23).
e) A Suiface Water Management Plan (Section 14).
f) A Drainage Plan (Section 14).
13. SEISMIC STABILITY
i
0"1 Transfer/Treatment Station Seismic Stability Objective. Transfer/Treatment
Station facility shall be engineered to provide static and dynamic (seismic)
stability to ensure that the facility will withstand seismic events and that the
public health and safety and the environment are protected.
2 Seismic Design. The Transfer/Treatment Station, its structures, drainage
features operating equipment, and all other facility components (e.g•, tank,
storage units, berms, and laboratory) shall be designed to withstand a Maximum
Credible Earthquake (MCE) for the site. The Transfer/Treatment Station
developer shall provide substantiation in the Final Development and
Improvements Plan that the Transfer/Treatment Station design will withstand the
MCE. .
The Transfer/Treatment Station developer and operator shall submit to the CCDD
for their review and approval facility designs, which shall be preparedby an
independent registered geotechnical engineering firm, that will demonstrate that
the facility (eg. all structures, berms, equipment, and hazardous materials/waste
storage) will withstand the MCE including the potential loss of foundation support
resulting from liquefaction of subsurface material during a MCE and the potential
impact from soil settlement.
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._3 Transfer/Treatment Station Design Stability. The Transfer/Treatment Station
developer shall provide a static and dynamic stability analysis of the final
engineering design of the Transfer/Treatment Station and its appurtenant
improvements. The stability analysis method and the resulting analysis shall be
approved by the CCDD, and included in the Final Development and
Improvements Plan.
.4 Post-Earthquake Inspection. The Transfer/Treatment Station operator shall
inspect the Transfer/Treatment Station facility following an earthquake. The
post-earthquake inspection report shall be submitted for review and approval.to
the CCDD and other appropriate agencies. The Transfer/Treatment Station shall
make all necessary repairs prior to recommencing operation of the facility.
.5 Inspection Report. Prior to the issuance of a building permit, the
Transfer/Treatment Station developer and operator shall submit to the CCDD for
their review and approval facility and site design plans. The design plans shall
be reviewed by an independent qualified engineering firm to ensure that the
facility can withstand a MCE.
.6 Sea Level Rise. The periodic review of the land use permit shall address the
latest scientific findings with respect to sea level rise, and the Transfer/Treatment
Station operator shall incorporate safety measures as the County or a regulatory
agency may require.
14. SURFACE WATER AND GROUNDWATER PROTECTION
' 1 Surface Water and Groundwater Protection Objective. The Transfer/Treatment
Station shall not impair the beneficial uses of water bodies in the vicinity of the
Transfer/Treatment Station site. The Transfer/Treatment Station shall be
designed and operated in a manner that groundwater contamination will be
prevented.
' 2_. Surface Drainage System. The Transfer/Treatment Station developer shall
prepare a surface drainage plan as part of the Development and Improvements
Plan. See Condition 12.2. The surface drainage plan shall be reviewed and
approved by the Contra Costa County Flood Control District, Contra Costa Public
Works Department, and the CCDD.
.3.,' Surface Drainage System Requirements. Unless exceptions are specifically '
4 granted, the Transfer/Treatment Station developer shall construct the facility
surface drainage system to conform to the requirements of Division 914
(Drainage) of the Subdivision Ordinance. Conformance with Division 914
includes the following requirements:
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a. Conveying all storm water entering or originating within the subject
property, without diversion and within an adequate storm drainage facility,
to a natural watercourse having definable bed and banks or to an existing
adequate storm drainage facility which conveys the storm waters to a
natural watercourse; and
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 Public Works Department.
,.4 .j Final Containment Plans. The final containment plans shall be inspected by a
y.... qualified engineer, to review compliance with regulatory requirements. The
Transfer./Treatment Station operator shall submit the inspection report to the
CCDD for approval prior to issuance of a building permit.
.5 Independent Groundwater Analysis. All groundwater analyses shall be performed
by an independent, SDHS certified laboratory.
.6 Wastewater Discharge. The Transfer/Treatment Station shall discharge treated
- waste water in accordance with permits issued by the WCCSD requirements or
the California Regional Water Quality Control Board. Wastewater that cannot be
discharged shall be managed as a hazardous waste.
.7 Storage Wastewater. The Transfer/Treatment Station operator shall cover storage
wastewater in a manner such that it is not accessible to wildlife.
.8 Spill Prevention. To prevent soil contamination from hazardous waste spills, the
Transfer/Treatment Station operator shall:
Install automatic cutoff devices on all tanks;
°b.. Avoid the use of open tanks and continuous feed pumps:
Design pipes carrying hazardous materials to minimize potential for
breakage.
Install automatic shutoff controls on pipes that carry hazardous materials
and waste.
e. . Have and use equipment to contain any spillage that may occur during
loading and unloading.
J. Install spill containment systems for all locations of the facility where
hazardous waste and materials will be handled, managed, or stored. This
information shall be included in the Development and Improvements Plan
(Section 12).
Construct the spill containment areas to have a volumetric capacity
` sufficient to contain precipitation from a 24-hour, 25-year storm plus the
volume of the largest container (tank) or 10 percent of aggregate volume
15
of all containers (tanks) within the containment area, whichever is greater, .,""
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plus an additional 25 percent safety factor. This information shall be
included in the Site Design Plan.
.9 Accidental Discharge. To prevent and contain accidental spillage, the
Transfer/Treatment Station operator shall:
a. Design and operate spill containment and cleanup measures (see Slope and
Seismic Stability section);
d Inspect pipelines, tanks, and drum storage area on a daily basis for spills;
z, Repair pipelines, tanks, and drum storage areas immediately when
necessary;
Cover all drums during storage;
re. Design the facility to prevent precipitation run-onW
f. Channel storm runoff for discharge to sewer'
g. Collect and treat trucks and drum wash water;
h. Monitor three on-site groundwater quality wells every 6 months and
submit to the CHSD a report detailing the findings within six weeks of
testing.
.i Undertake immediate cleanup measures after a spill to protect surface and
groundwater, shall collect and treat any contaminated water, and shall
immediately notify the CHSD.
.10 Emergency Response Agency. See Condition 11.10. "
.11 Equipment Repair and Monitoring. The Transfer/Treatment Station operator shall
inspect the Transfer/Treatment Station equipment daily to prevent spills, air
emissions, or leaks. The Transfer/Treatment Station operator shall immediately
repair any damaged equipment. This activity shall be included in the employee
training program. The CHSD shall be notified of all actual spills, emissions, or
leaks.
:12 Equipment Activity and Maintenance. The Transfer/Treatment Station operator
shall maintain Transfer/Treatment Station equipment in optimum working order.
Equipment shall be shut off when not in use. Maintenance records shall be kept
on all pieces of Transfer/Treatment Station equipment. The records are subject
to review by the CHSD. Equipment shall be stored, serviced, and repaired in a
maintenance area designated in the Development and Improvements Plan and
approved by the CCDD.
.13 Equipment Clean up. The Transfer/Treatment Station operator shall keep all
equipment and vehicles clean and wash away hazardous waste residue into the
appropriate collection area or container for proper management.
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.14 Potentially Contaminated Equipment. See Condition 8.5.
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15. AIR QUALITY PROTECTION
1 k Prevention of Air Quality Deterioration. The Transfer/Treatment Station operator
shall comply with the terms of the Authority to Construct/Permit to Operate
entitlements issued by the BAAQMD.
.2 BAAQMD Regulations. To the extent that any air quality regulation contained
in these conditions of approval conflicts with the regulations of the BAAQMD,
the regulations of the BAAQMD shall govern.
3 Emission Control Methods. The Transfer/Treatment Station operator shall
control emissions with the following methods:
a. Equip solvent and gasoline/water storage tanks (sources 1, 2) with vapor
return lines;
b. Equip solvent, gasoline/water, and organic/oily storage tanks(sources 1-6)
with vacuum/pressure relief valves;
C. Vent solvent, gasoline/water, and organic/oily storage tanks (sources 1-6)
emissions through carbon absorption units;
d. Enclose and vent (to carbon absorption units) oil/water separator (source
9), sludge dewatering unit (source 10) and central pumphouse.
e. Inspect and monitor for leaks on a daily schedule; and
f. Conduct immediate repairs on leaks. If immediate repair is not possible,
and the operator wishes to continue operations, the operator must notify
and obtain approval from the CHSD and the BAAQMD.
.4r-4 Best Available Control Technology. Every five years, the Transfer/Treatment
Station operator shall evaluate the Best Available Control Technology (BACT) in
terms of its ability to reduce air emissions and reduce the cancer and other health
risks associated with the Transfer/Treatment Station facility operation. The
Treatment/Transfer Station operator shall submit a detailed report of the analysis
of BACT to the CCDD. If required by CCDD, the operator shall apply the
BACT.
Odor Containment. The Transfer/Treatment Station operator shall operate the
Transfer/Treatment Station in a manner that prevents odors from being detected
off-site. If odors are reported to the CHSD, or reports are relayed from the
BAAQMD, and the source of the odor is confirmed to be the Transfer/Treatment
Station,the CCDD may require additional physical improvements or management
practices, as necessary, to alleviate the problem. If odors are detected in
surrounding areas, complaints shall be logged by a Transfer/Treatment Station
operator. The source of the odor shall be identified and corrected. A response
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to the person lodging the complaint shall be made within 48 hours, detailing the
problem and remedial action taken. The CHSD shall have the authority to cease
operations of all or part of the facility to control odors.
.6 Equipment Repair and Monitoring. See Condition 14.11.
.7 Equipment Maintenance and Fuel Efficiency. The Transfer/Treatment Station
operator shall maintain and operate motorized Transfer Station equipment to
assure maximum fuel efficiency and maintain all other Transfer/Treatment Station
equipment in optimum working order. Equipment shall be shut off when not in
use. Maintenance records shall be kept on all pieces of Transfer/Treatment
Station equipment. The records.are subject to review by the CHSD. Equipment
shall be stored, serviced, and repaired in a maintenance area designated in the
Development and Improvements Plan and approved by the CCDD.
.8 Cleanup. The Transfer/Treatment Station operator shall undertake immediate
cleanup of on-site accidental spills or transfer-related spills.
.9 Transportable Treatment Units (TTU) Permits. The Transfer/Treatment Station
operator shall obtain the applicable permits from the BAAQMD and the SDHS
to operate a TTU. The Transfer/Treatment Station operator shall not
simultaneously operate a TTU and its corresponding stationary unit. In addition,
the Transfer/Treatment Station operator shall obtain an individual BAAQMD
permit for each TTU.
.10 TTU Operation. The Transfer/Treatment'Station operator shall operate a TTU
only under the following circumstances:
a. To maintain treatment capacity during periods when installed equipment
is inoperable due to repair or scheduled maintenance;
b. To provide additional treatment capacity during short-term periods when
equipment installed on-site cannot meet peak treatment demand - such as
in an emergency situation where a significant volume of hazardous waste
resulted from a major accident at a large operation situated within the
County.
.11 BAAQMD Notification. The Transfer/Treatment Station operator shall
immediately notify the BAAQMD's Enforcement Division in the event of an
accidental release of hazardous materials in excess of the.reportable quantity.
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16. NOISE CONTROL
.1 Noise Control Objective. The Transfer/Treatment Station operator shall manage
the facility in a manner that minimizes noise impacts to area residents.
.2 Operation Noise. The Transfer/Treatment Station shall install noise muffling
equipment and housing on drum crushing equipment, on-site trucks, pumps and
fans as necessary to prevent noise impacts on adjacent and nearby residents,
especially during occasional night-time operations.
.3 Construction and Operation Hours. See Conditions 24.1 and 9.1.
.4 Truck Noise Suppression. The Transfer/Treatment Station operator shall require
waste hauling vehicles using the facility to be equipped with factory-approved
noise suppression equipment, including engine compartment insulation. The
Transfer/Treatment Station operator shall request that the California Highway
Patrol actively enforce muffler and vehicle noise standards as required in the .
California Vehicle Code if, for any reason, noise from heavy trucks becomes a
source of complaints in the project area.
.5 Transfer/Treatment Station Vehicles and Equipment. The Transfer/Treatment
Station operator shall provide Transfer/Treatment Station vehicles and equipment,
during construction and operation, with the best available noise suppressing
�.. equipment to minimize sound generation.
.6 Residential Protection. The Transfer/Treatment Station developer shall construct
an acoustical screen (fence) along the property boundary adjacent to the residence
at 2551 Goodrick Avenue.
.7 Soundwalls. If determined to be necessary and practicable to eliminate noise
impacts, the Transfer/Treatment Station operator shall, when requested,
participate in the future funding of sound walls at appropriate locations along the
haul route. The amount of funding shall be set according to the degree or
percentage of noise generated by traffic to and from the facility.
17. VISUAL QUALITY
1 Landscaping Plan. The Transfer/Treatment Station developer shall prepare and
implement a Site Landscaping Plan. The developer shall submit the Plan to the
CCDD for review and approval as part of the Development and Improvements
Plan. The Plan shall minimize the visual impacts of the Transfer/Treatment
Station operations and appurtenant facilities through vegetation and.landscape
screening. The Plan shall show the plant species, size, and locations; native and
drought-tolerant species shall be used in accordance with County policy on Water
1. .. 19
Conservation Landscaping. A landscape maintenance program will be part of the (--
plan. The Plan shall include at least the following:
a. Landscaping along the perimeter of the property with .fast-growing
shrub/trees, to form a visual screen to viewers along roads.
b. The installation of redwood slats in the chain link fence along roads, to
block view until vegetation screen is established.
C. Landscaping behind the lab and office to soften the hard edge appearance
viewed from 2551 Goodrick Avenue.
d. A landscaping maintenance program
' 2 Lighting. The Transfer/Treatment Station developer shall design and locate the
lighting system to reduce glare and to not substantially impact area residents.
The developer shall install directional shading on all outdoor lamps for night
operation. In addition, focused security lamps with directional shading shall be
installed. Security and entrance lighting shall be dimmed at 8:30 p.m. If the
operating hours of the Transfer/Treatment Station are changed,pursuant to the
provisions of Condition 9.1, the Director of Community Development may
specify new lighting time restrictions.
18. BIOTIC RESOURCES
.1 Biotic Resources Protection Objective. The Transfer/Treatment Station developer
shall construct and operate the facility in such a manner that ensures, through
protection and enhancement measures, that there is no net loss of significant
habitat, wetland or woodland.
.2 Habitat Contamination. To prevent habitat contamination from on-site storm
runoff or accidental spills, the Transfer/Treatment Station operator shall comply
with the spill containment measures listed in the Seismic Stability and Surface
.Water Protection sections (Sections 13 and 14 above).
.3 Emission Effects. To prevent possible effects on nearby plant nursery operations
due to organic emissions, the Transfer/Treatment Station operator shall comply
with the emission control measures outlined in the Air Quality Section (Section
15 above).
.4 Off-Site Habitat Contamination. The Transfer/Treatment Station operator shall
provide for the immediate cleanup of spilled material, according to the Seismic
Stability and Surface Water Protection sections (Sections 13 and 14 above).
20 -
j' 19. PUBLIC HEALTH AND SAFETY
.1 Public Health and Safety Objective. The Transfer/Treatment Station operator
shall manage the facility in a manner which does not impair the public health and
safety of persons living in its vicinity, Transfer/Treatment Station users, or
Transfer/Treatment Station employees.
.2. Regulation Compliance. The Transfer/Treatment Station developer and operator
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; the Comprehensive Project Description, and these
Conditions of Approval.
.3 Employee Safety Equipment. The Transfer/Treatment Station operator shall
ensure that employees are equipped with safety equipment, such as safety glasses,
hard hats, safety shoes, gloves,.coveralls, and noise reducers throughout the
facility as required by state and federal safety agencies and the CHSD.
' 4 Employee Training. The Transfer/Treatment Station operator shall develop and
implement training and subsequent refresher training programs covering accident
prevention, safety, emergencies and contingencies, damaged or faulty equipment
detection, spill or leak detection, identification of hazardous materials and ground
fissures, first aid, and instruction in the use of equipment. The Employee
Training programs shall obtain the approval of the CHSD and meet all
requirements of federal O.S.H.A.'s 29 CFR 1910.120, prior to commencing
operation.
.5 � First Aid Equipment. The Transfer/Treatment Station operator shall provide and
maintain first aid supplies located in easily accessible areas. The supplies shall
be consistent with the Occupational Safety and Health Administration
requirements and subject to the approval of the CHSD.
6 Emergency Eye Baths and Showers. The Transfer/Treatment Station operator
shall provide facilities for emergency eye baths and emergency showers. The
facilities shall be located according to state and federal O.S.H.A. requirements
subject to the approval of the CHSD.
'.7 Equipment Maintenance. The Transfer/Treatment Station operator shall prepare
and implement an equipment maintenance program which shall be approved by
the CHSD prior to the commencement of operations. The program shall address
vehicles and treatment equipment stored on the site. See Condition 14.12.
.8 Inspection Program. Prior to the Transfer/Treatment Station operation, the
Transfer/Treatment Station operator shall prepare and implement a Vehicle and
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Equipment Inspection Program which shall be submitted to and approved by the
CCDD. Vehicles and equipment shall be regularly inspected and cleaned to
reduce the risk of fires, spills, and leaks.
.9 Load Inspection. See Load Inspection section (Section 7).
I ..10 Design Review. Emergency response agencies shall review Transfer/Treatment
Station designs and Contingency Plans prior to construction, to allow improve-
ments to be incorporated.
.11 24-Hour Watch. The Transfer/Treatment Station operator shall staff the facility,
with personnel trained in emergency procedures, 24-hours a day to allow early
detection of emergencies during non-operating hours.
.12 Emergency Clothing. The Transfer/Treatment Station operator shall provide
appropriate emergency clothing available throughout the facility.
.13 Medical Care. The Transfer/Treatment Station operator shall pay the legitimate
medical cost for residents or workers of the area to receive medical care for
impacts which could have been caused by an emergency event at the facility. The
CHSD shall determine when such an emergency event that could require medical
care has occurred.
.14 Transportation. The Transfer/Treatment Station operator shall provide
transportation or reimbursement for transportation costs, upon request, for
workers/residents of the surrounding area to Brookside Hospital, to any county
medical facility or to their physician within the Bay Area for an initial medical
visit and any required follow-ups related to an emergency at the facility.
a. Property Purchase. The Transfer/Treatment Station operator shall make
every effort to purchase the property located at 2551 Goodrick Avenue,
at fair market value when the property comes on the market. After
_ purchasing the property, the Transfer/Treatment Station operator shall
transfer the property to non-residential use; uses allowed on the property
must be of a lower exposure limit than the current residential use and shall
not include uses such as a day care center, a rest home, or other uses that
may result in a higher exposure risk.
.15 Adjacent Residential Property Purchase. The Transfer/Treatment Station operator
shall make every effort to purchase the property located at 2551 Goodrick Avenue
at fair market value when the property comes on the market. After purchasing
the property, the Transfer/Treatment Station operator shall transfer the property
to non-residential use; uses allowed on the property must be of a lower exposure
22 ..
limit than the current residential use and shall not include uses such as a day care
center, a rest home, or other uses that may result in a higher exposure risk.
.16 Surrounding Land Use Changes. The Transfer/Treatment Station operator shall
make a good faith effort to immediately notify the CHSD, BAAQMD, and the
CCDD of any changes or proposed changes, which the operator becomes aware
of, in land use within the surrounding area that may affect the validity of the
Health Risk Assessment. If any regulatory agencies find or require that additional
studies or measures are needed to ensure the public health, safety, and welfare,
and to maintain appropriate environmental protection, such studies and measures
shall be funded by the operator to incorporate new requirements in project
operation and description.
Hazardous Waste Strike Force. The Transfer/Treatment Station operator shall
work with the County Hazardous Waste Strike Force at no charge to the limit of
analyzing two samples per month (hazardous waste determination).
20. SITE SECURITY
.l Security Objective. The Transfer/Treatment Station operator shall manage the
facility in a manner that prevents unauthorized persons from having access to the
working areas of the Transfer/Treatment Station both during and after operating
hours.
-PIP) Security Fencing. The Transfer/Treatment Station developer shall install a securi-
b .'.
ty fence with three rows of barbed wire, around the perimeter of the project site
with lockable gated entrances and exits. The fence shall maintained in good
repair and be located to minimize its visual impacts.
.3 Security Staffing. The Transfer/Treatment Station operator shall staff the
Transfer/Treatment Station 24 hours per day. Private security services may be
retained when the site is not open.
f'.4 _ Security Lighting. The Transfer/Treatment Station developer shall install and
operate adequate lights at the entrance area to the Transfer/Treatment Station.
The lighting shall be provided in a manner which minimizes glare to nearby
residents and road users. The security lighting shall be covered in the
Development and Improvements Plan. (See Section 17.2)
V.5 ,. Warning Signs. The Transfer/Treatment Station operator shall post warning signs
stating the following: "Caution - Hazardous Waste Area, Unauthorized Person
Keep Out". The signs shall be legible from 25 feet and stated in both english and
spanish. The operator may be required by the CCDD to post the signs in
additional languages if needed. The signs shall be posted on all accessible sides
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of the site including the hazardous waste loading, unloading, storage areas, and
each entrance to the active portion of the facility.
21. CULTURAL RESOURCES
.1 Pre-Construction Exploration. The Transfer/Treatment Station developer shall
conduct exploratory trenching under the direction of a qualified archeologist prior
to construction; or
Concurrent Exploration. The Transfer/Treatment Station developer shall have a
qualified archeologist on-site during project earthworks and installation of
subsurface features.
.2 Archaeology. The Transfer/Treatment Station operator shall cease work in the
immediate area if buried human remains or archaeological features (e.g.,
petroglyphs) are uncovered during construction or operation. Work in the
immediate area shall cease until a qualified archaeologist is consulted and
approves resumption of work. Should human remains which may be of Native
American origin be encountered during the project, the County Coroner's Office
shall be contracted pursuant to the procedures set forth in the Health and Safety
Code. The CCDD shall also be notified.
.3 Cultural Resource Preservation Objective. The Transfer/Treatment Station
developer shall construct the facility in such a manner that preserves or
documents important archaeological or historic sites if found during the
construction process.
.4 Culturally Significant Sites. The Transfer/Treatment Station developer shall
subject any culturally significant sites to detailed significance evaluations. These
investigations shall be conducted by qualified-professionals in East Bay prehistoric'
studies. If any site is found to be significant, the Transfer/Treatment Station
developer shall implement the following mitigation measures.
a) Avoidance of the site through modification of the Transfer/Treatment
Station footprint or related facilities that would allow for the preservation
of the resource in its present location.
b) If the site cannot be preserved through avoidance, data recovery through
excavation shall take.place. The excavation shall be accomplished by a
qualified professional.
If subsurface testing reveals no associated cultural deposits and the sites are
determined to be isolated bedrock milling sites, then mitigation can be limited to
the photographing and drawing of the features prior to their destruction.
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D,
22. TRANSPORTATION AND CIRCULATION
1
.1 Traffic Objective. The Transfer/Treatment Station operator shall manage the
facility in such a manner that provides safe, efficient transport of hazardous waste
on appropriate roads.
.2 Improvements Responsibility. All improvements deemed necessary as described
in these Conditions of Approval shall be constructed and/or paid for totally at the
expense of the Transfer/Treatment Station developer and operator unless other
arrangements are specified.
.3 .. Transportation Plan Submittals to Public Works Department. The
Transfer/Treatment Station developer shall submit improvement plans and cost
estimates, if requested, to the Public Works Department, Engineering Services
Division, for all on-site and off-site road improvements, which are to be prepared
by a registered civil engineer, and shall pay plan review and construction
inspection fees and post security for all improvements required by the Contra
Costa County Ordinance Code or the Conditions of Approval of this development.
The Transfer/Treatment Station developer shall deposit a cash deposit with Contra
Costa County, the amount to be determined, which represents the estimated cost
of qualified construction inspection for the work. Upon the final acceptance of
all the work, the amount still owing the County will be billed to applicant for
payment within 60 days, or the amount of deposit in excess of expenditures will
be refunded to the applicant.
.4 Roadway Clearances. Horizontal and vertical clearances from the roadway to
obstructions shall be obtained from the Caltrans Highway Design Manual. The
Caltrans Highway Design Manual, Bridge Design Manual, and Traffic Manuals
shall become the standards applicable to all on-site and off-site work. Standards
not covered in the Caltrans manuals shall be resolved by referring to the 1984
edition of the AASHTO Policy on Geometric Design of Streets and Highways,
or by the application of standard practices as determined by the County.
5�` Site Entrance. Prior to operation, the Transfer/Treatment Station operator shall
provide the proper site distance and intersection design at the Goodrick Avenue
intersection entrance. Improvements shall include a. stopping sight distance of
430 feet for cars travelling from the north on Goodrick Avenue, and a left turn
lane, on Parr Boulevard at Goodrick Avenue, of 100 feet in length. The entrance
design shall be sufficient to handle two trucks at a time. Standards of design, and
lengths an widths of the various elements of the intersection shall be subject to
review and approval of the County Public Works Department and CCDD.
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.6 Access Route. The Transfer/Treatment Station operator shall require all truck
haulers to utilize the Richmond Parkway for travel to and from the
Transfer/Treatment Station. The Transfer/Treatment Station operator shall not
allow truck haulers to access the facility on Third Street from the south or on
Parr Boulevard from the east.
.7Violation of Prescribed Haul Route. Upon a determination by the County that a
user of the Transfer/Treatment Station has violated Condition of Approval 22.6
by using a prohibited access route, and upon a written direction by the County,
the Transfer/Treatment Station operator shall notify the hauler that a repeated
violation will result in removal from the facility's list of approved haulers, or
other sanction directed by the County. A system for reporting alleged violations
and for monitoring enforcement data shall be established by the County and
Transfer/Treatment Station operator.
Parr/Goodrick Intersection Improvement. . To reduce the potential for vehicle
accidents, the Parr/Goodrick intersection shall be improved before
Transfer/Treatment Station operation with a left-turn lane and through-traffic
lanes. Standards of design, and lengths and widths of the various elements of the
intersection shall be subject to review and approval by the County Public Works
Department and CCDD. The Transfer/Treatment Station operator shall contribute
an equitable portion to signalization of the intersection if required.
.9 Emergency Response Funding. See Condition 11.2.
23. SITE SERVICES AND UTILITIES PLAN
.1 Objective. The Transfer/Treatment Station developer shall design, develop and
manage the facility in such a manner that services and utilities adequately meet
the Transfer/Treatment Station's requirements, while ensuring the protection of
site employees, area residents and the surrounding environment.
2 7 Site Services and Utilities Plan. The Transfer/Treatment Station developer shall
prepare and submit a Site Services and Utilities Plan, and obtain the approval of
the CCDD and agencies concerned (East Bay Municipal Utilities District, Pacific
Gas and Electric, WCCSD, West County Fire District and Pacific Bell) prior to
beginning construction. The Site Services and Utilities Plan shall include a fire
protection.component (see Condition 23.4).
.3 Fire District Permits. The applicant shall apply to and obtain from the West
County Fire District for any District permits which may be required to comply
with Fire Code requirements.
t
26 -
.4 Fire Protection Component. The Transfer/Treatment Station operator shall
develop and implement a Fire Protection Component meeting the requirements
of the West County Fire District to contain and extinguish fires originating on the
Transfer/Treatment Station- property. The Fire Protection Component shall
include a training program for all employees. The program shall be subject to
the approval of the CHSD and the West County Fire District.
.5 Assessment Program. The applicant shall participate in the West County Fire
District's benefit assessment program for ongoing operational costs and pay new
development fees for one-time costs for stations and equipment in the same
manner as other new development and commercial operations in the West County
area.
.6 Emergency Equipment Access. The Transfer/Treatment Station operator shall
designate access points and routes for local fire protection agency access to all
parts of the Transfer/Treatment Station. The access points shall be included in
the Development and Improvements Plan and shall be subject to the approval of
the West County Fire District.
.7 Fire Extinguishers. The Transfer/Treatment Station operator shall provide the
Transfer/Treatment Station with fire extinguishers large enough to fight small
fires on the equipment, buildings, or storage, treatment and transfer areas. The .
extinguishers and their distribution shall be subject to the approval of the CHSD
and the West County Fire District.
.8 Smoking Prohibitions. The Transfer/Treatment Station operator shall prohibit
smoking on the Transfer/Treatment Station except in designated areas. In no
event shall smoking be allowed near the storage, treatment or transfer areas of the
Transfer/Treatment Station. Signs shall be clearly posted and enforced.
.9 Equipment and Cleaning. See Equipment Activity and Maintenance (Conditions
14.11 and 14.12).
.10 Emergency Response Procedure. See Emergency Procedures Section (Section
11).
.11 Emergency Response Services Funding. See Emergency Procedures Section
(Condition 11.12).
Wastewater Quality. The Transfer/Treatment Station operator shall ensure
wastewater meets discharge requirements of the WCCSD. See Condition 14.6.
27
Sanitary District Notification. The Transfer/Treatment Station operator shall
notify the WCCSD prior to each discharge, of up to 20,000 gallons at a time, to .
ensure that treatment capacity is.available. See Condition 14.6.
..14 Pipeline Precaution. Prior to construction, the applicant shall contact all entities
operating pipelines on or adjacent to the project site to precisely locate any such
pipelines and associated equipment and to identify appropriate precautionary
measures to be taken during construction and development of the project site.
24. CONSTRUCTION ACTIVITIES AND CONDITIONS
.1 Hours of Construction. The Transfer/Treatment Station developer shall restrict
outdoor construction activities to the period from 7:00 a.m. to 7:00 p.m. Monday
through Friday.
.2 Exemption. The Transfer/Treatment Station developer may request, in writing,
and the Director of Community Development may grant, exemptions to
Condition 24.1 for specific times for cause. An example is the placing of
concrete.
.3 Dust Suppressants. The Transfer/Treatment Station developer shall apply water
or proven environmentally safe dust suppressants at least twice daily during
construction (including earthworks) of the Transfer/Treatment Station.
.4 Construction Equipment Emissions. The construction contractor shall provide
evidence to the Community Development Department that construction equipment
is fitted with legally required emissions control devices.
25. CLOSURE AND POSTCLOSURE MAINTENANCE
.1 Submittal of Plan. The Transfer/Treatment Station operator shall submit, for
review and approval, to the SDHS, BAAQMD, and the CCDD, a plan for the
closure of the Transfer/Treatment Station as required by State law, but no later
than, upon application for a Hazardous Waste Facilities Permit. Copies of the
SDHS and CHSD approved closure plan shall be submitted to the CCDD.
.2 Funding of Closure Plan. The Transfer/Treatment Station operator shall submit,
for review and approval, to the Board of Supervisors, SDHS, and the CCDD
evidence of financial ability to provide for the cost of closure and postclosure
maintenance and monitoring in an amount not less than the estimated cost of
closure, as contained in the submitted closure plan. Evidence of financial ability
shall be in the form of a trust fund approved by the Board of Supervisors and the
SDHS in which funds will be deposited according to a schedule and in amounts
sufficient to meet closure costs within 5 years of operation commencement, or an
28
equivalent financial arrangement acceptable to the Board of Supervisors and the
SDHS.
.3 Revision to Plan and Cost Estimates. Should state law or regulation regarding
closure plan and funding of the plan change at any time, the Transfer/Treatment
Station operator shall submit any required changes to the closure plan and/or
evidence of financial ability to the Board of Supervisors at the same time as
submittal to the applicable state'or regional agency.
.4 Closure of the Transfer/Treatment Station. The Transfer/Treatment Station
operator shall close the Transfer/Treatment Station in accordance with the overall
closure plan.
.5 Consistency with the Land Use Permit Updatings. The Transfer/Treatment
Station operator shall update the Closure Plan and perform required actions in .
accordance with any'amendments brought about during the scheduled reviews of
the Land Use Permit and.these Conditions of Approval.
.6 Agency Notification and Approval. Prior to commencing closure, the
Transfer/Treatment Station operator shall submit, for review and approval, a copy
of the SDHS and CHSD approved closure plan to the following agencies: the
CCDD, County Environmental Health Division, BAAQMD, WCCSD, and any
other applicable regulatory agency.
.7 Facility changes. Whenever changes in facility design or operation occur, the
Transfer/Treatment Station operator shall amend the Closure Plan accordingly and
submit the amended plan to the appropriate agencies, as listed in the Agency
Approval clause of this section, for review and approval.
26. SPECIAL CONDITIONS OF APPROVAL
1 Internship Program. The operator of the facility shall undertake an internship
program which will involve either:
a. Providing internship positions for high school, junior college, or re-entry
students; or
b. Funding an internship program of equal benefit at another business; or
C. Funding an internship program of equal benefit through an agency or
school district.
The internship program shall include:
a. Providing an internship opportunity to at least two students during a
icalendar or a school year;
29
b. Compensating the student for their work at a rate at least equal to the
State minimum wage;
c. Involving students who live in the surrounding community. Preference
should be given to students who live in the neighborhoods surrounding the
facility (e.g., North Richmond, Parchester).
.2 Local First Hire Program. The Transfer/Treatment Station operator shall make
all best efforts to hire residents of the surrounding communities especially North
Richmond and Parchester Village. Actions to fulfill this condition shall include:
a. Advertise and recruit applicants from surrounding neighborhoods;
b. Work with the County, community groups (e.g., Neighborhood House),
and the surrounding cities to obtain referrals; and
C. Utilizing an intern who has successfully worked with the company to fill
a vacant position.
Public Education Program. If required, the Transfer/Treatment Station operator
shall provide funds and manpower for development and implementation of
appropriate public education programs.
.4 Hazardous Waste Facility Tax. The Transfer/Treatment Station operator shall
pay a fee to CHSD equal to 10% of the Station's annual gross receipts for
treatment, storage and disposal of hazardous waste at the station, except for that
portion of receipts that is derived from the recycling of hazardous waste.
Household Hazardous Waste Program.
Purpose. The Transfer/Treatment Station operator shall develop a household
hazardous waste collection and management program which is consistent with the
County Hazardous Waste.Management Plan and with the County Wide Integrated
Solid Waste Management Plan. The program and the rate shall be subject to the
approval of the CHSD and CCDD. The household hazardous waste shall be
managed in accordance with the "Waste Minimization Hierarchy" identified in the
County Hazardous Waste Management Plan.
Coordination with Other Facilities. The operator is encouraged to develop the
program in cooperation with other waste management facilities and collection
services. The Transfer/Treatment Station operator may coordinate the household
hazardous waste program with a solid waste processing and transfer station in
West County should one be established. In coordinating with the solid waste
processing and transfer station, the Transfer/Treatment Station operator shall
ensure that the resulting household hazardous waste program provides the same
level of service that the Transfer/Treatment Station provided when operating
independently.
l
30
Program Approval. The proposed program, along with a schedule of proposed
costs and funding sources, shall be submitted to and approved by the CCDD and
other appropriate County departments no later than 3 months prior to
commencement of facility operation. The Transfer/Treatment Station operator
shall begin the program on the day of commencement of facility operation.
Program Components. The Transfer/Treatment Station household hazardous
waste program shall include a public information and education program approved
by the CHSD and the County Hazardous Materials Commission for notifying
facility users and households of what constitutes hazardous waste and how such
wastes are to be disposed of. The household hazardous waste program may be
amended if required by the County Board of Supervisors in their review of the
Land Use Permit.
ehw:\eric-cpc.coa
i
31
lCP
Co m m u n I ly 0 }ra Dennis M.Barry, pme
`1 Community Development Director
Development Costa
Department County
County Administration Building �E L
651 Pine Street
Fourth Floor, North Wing
Martinez, California 94553-1229
'z
Phone:. (925) 335-1224
' COUN'C
August 27, 2007
Mr. Ron Flury, Owner
Ecology Control Industries
19500 Normandie Avenue
Torrance, CA 90502
SUBJECT: Proceedings for Revocation of Land Use Permit (LUP) 2117-87
Dear Mr. Flury:
Contra Costa County granted LUP 2117-87 on October 30, 1990, allowing
Erickson, Inc. to construct and operate a hazardous waste treatment and transfer
station. Condition 3.4 of LUP 2117-87 specifies that a violation of any of the
permit conditions is cause for revocation of the land use permit. Section
26.02.2022 of the County Code (please refer to copy enclosed) identifies the
causes for revocation of conditional use permits, which include continued
violation of the terms, limitations or conditions of the permit after notice of
violation. This letter shall serve as notification that we are commencing with
land use permit revocation process due to violation of Conditions 4.1 and 10.8 of
LUP 2117-87. -
Condition 4.1 of LUP 2117-87 mandates that the Transfer Station developer
open the transfer station within three years of.approval of all the project's permits
(Validity Period), otherwise the land use permit becomes void. Erickson did not
move forward with this project and later sold the parcel and business operation
located at 255 Parr Boulevard to Ecology Control Industries (ECI). In August
1998, our Department granted ECI's request for a one-year extension which
extended the Validity Period through July 31, 1999. In January 1999, ECI .
notified the County that the company had conducted an evaluation of LUP 2117-
87 and concluded that this project would not be developed.
Condition 10.8 of LUP 2117-87 requires the owner to.fund.monitoring of
compliance with the mitigation monitoring program which is developed and
implemented by Contra Costa County. Our department sent a letter to ECI in
August 1998 requesting payment of $16,284.19 for outstanding staff costs
associated with compliance and mitigation monitoring for this project. In
-.o
February 1999,.our department sent ECI another letter to indicate that we had
not received payment and to provide official notice that this constituted a violation
of Condition 10.8 which is sufficient cause for revocation of LUP 2117-87. Our
department has still not received payment for any portion of the outstanding
compliance and mitigation monitoring staff costs.
Due to the above-described violations, a revocation hearing has been scheduled,
as provided under Sections 26-02.2024 — 26.02.2026 of the County Code (copy
enclosed). The hearing is tentatively scheduled to take place at the October 16,
2007 meeting of the Contra Costa County Board of Supervisors. You will receive
a hearing notice at least 10 days prior to the meeting.
Please be aware. that revocation of the land use permit will not excuse ECI from
paying the monies owed to our department.
If you have any questions regarding this matter please contact me at (925) 335-
1224.
Sincerely,
eidra Dingma
Solid Waste Pr am Manager
cc: Site Manager- Ecology Control Industries, 255 Parr Blvd., Richmond
D'Andre Wells—Contra Costa County Redevelopment Agency
D:\Facilities\Erickson-ECI\Notice of Revocation B-21-2007 FINAL.doc
r Community Contra Dennis Barry,AlCP
Community Development Director
Development Costa
Department County
County Administration Building
651 Pine Street
4th Floor, North Wing ! }.
Martinez,California 94553-0095
Phone: (925) 335-1224 �'"� � "'' February 17, 1999
'9 COUt1�
VIA FAX & US MAIL
(5 10) 23S-3709
Larry Chase
Ecology Control Industries (ECI)
2S5 Parr Boulevard
Richmond, CA 94801
SUBJECT: COMPLIANCE AND MITIGATION MONITORING STAFF COSTS FOR LAND USE
PERMIT 2117-87
Dear Mr. Chase:
As we discussed on the telephone last week, our office has still not received.payment of staff costs
associated with County Land Use Permit (LUP) 2 1 17-87.
ECI was notified of the past due staff costs in our letter dated August 14, 1998. The total amount
outstanding for staff costs is $16,284.19 (which includes costs incurred between April 1996 and dune
1998). This amount is due and payable immediately.
Asyou are aware, Condition 10.8 of LUP 21 17-87 reQuires the owner to fund monitoring of compliance
with the mitigation monitoring program which is developed and implemented by Contra Costa County.
Nonpayment of our staff costs constitutes a violation of this Condition.
Condition 3.4 of LUP 21 17-87 specifies that a violation of any of the permit conditions is cause for
revocation of the land use permit. Section 26-02.2022 of the County Code (copy enclosed) identifies
the causes for revocation of conditional use permits, which include continued violation of the terms,
limitations or conditions of the permit after notice of the violation. This letter shall serve as notification
thatyou are in violation of Condition 10.8 of LUP 21 17-87.
If our office has not received payment of the outstanding staff costs ($16,284. 19) by March 24, 1999
we will schedule a revocation hearing as provided under Sections 26-02.2024 - 26-02.2026 of the
County Code (copy enclosed).
Office Hours Monday - Friday:8:00 a.m.- 5:00 p.m.
Office is closed the 1 st, 3rd & 5th Fridays of each month
PLANNING AGENCY 26-2.2020-26-2.2104
26-2.2020 Variance, conditional use and open and close the hearing. (Ord. 1975: prior
i special permits Revocation generally. code § 2207.30: Ord. 917).
Conditional use, variance and special permits are
subject to revocation in the manner and for 26-2.2028 Variance, conditional use and
causes as provided in Sections 26-2.2022 — special permits — Revocation hearing —
26-2.2030. (Ord. 1975: prior code § 2207: Ord. Decision. The agency hearing the revocation
917). shall make its findings and render its decision in
writing. The decision may order additional
26-2.2022 Variance, conditional use and terms, limitations .or conditions, a specified
special permits — Causes for revocation. A probationary period for correction or
permit may be revoked if the permittee, his . implementation of new requirements, a future
successors or assigns, has committed or allowed review at a time specified, or a combination of
the commission of any of the following acts these,.or revocation. (Prior code § 2207.40).
relating to the premises, or any portion thereof,
covered by the permit: 26-2.2030 Variance, conditional use and
(1) Continued violation of the terms, special permits —Appeal from revocation.If the
limitations or conditions of the permit after permittee is dissatisfied with the decision, he
notice of the violation;. may appeal as provided in Section 26-2.2406.
(2) Violation of requirements of this code The appeal shall be on the record only consisting
relating to the premises or activities authorized; of the application, a transcript of all testimony
(3) Failure to abate a nuisance after notice; and map, plans or other exhibits offered in
(4) Any suspension or revocation of a license evidence. The appellant, in addition to payment
required for the conduct of the business on the of the fee on appeal, shall deposit with the
premises covered by the permit; planning department the estimated cost of
(5) Any act or failure to act resulting in the preparing the record on appeal, any unused
conviction of a permittee, operator, or employee portion of which shall be refunded. The record
of a violation of federal or state law, or county on appeal shall consist of one. original and
ordinance in connection with the operation of sufficient copies to provideone copy for the
the permitted use. (Ord. 1975: prior code § appellant and one copy for each member of the
2207.10: Ord. 917). division hearing the appeal. (Ord. 1975: prior
code § 2207.50: Ord. 917).
26-2.2024 Hearing notice. Unless otherwise
required by this section, hearing on revocation Article 26-2.21
shall be scheduled by the planning department Administrative Decisions
before the division of the planning agency hav-
ing authority to initially grant the type of per- 26-2. 02 Decisions without pu ear-
mit involved. If within the last two years the ing. Unit _ therwise required by th' rcle, the
board of supervisors has made a decision on a zoning a istrator may, w' ut public
permit pursuant to Sections 26-2.2028 and hearing,deci pplications for-
26-2.2030, the hearing on revocation of that .(l) Variance.. rmits pu t to subsection
permit shall be scheduled by the planning de- .(1)of Section 26= 204;
partment before the board. (2) Minor subdr 'on ursuant to subsec-
The department shall give notice of.the hear- tion (3) of Section 2 04 including applica-
ing on revocation in the same manner as on an tions for improveme ceptions. (Ord. 80-87
initial hearing to grant such a permit. (Ords. § 2: See Gov.C. § 6 1).
85-20 § 1, 1975: prior code §2207.30: Ord.
917). 26-2.2104 N ce. Befo the zoning ad-
ministrator de s any applica pursuant to
26-2.2026 Variance, conditional use and this article, planning depart shall mai]
special permits — Revocation hearing — or deliver ice of intent to decide app ca
The hearing shall be conducted tion P ant to Government Code ction
according to any rules of procedure adopted for 6590 d the notice provisions of ion
initial hearing, except that the department shall 26- 04. The notice shall state the last da
have the burden of proving the charges and shall r est a public hearing on the application
/ l (Contra Costa County 10-85)
Larry Chase
ECI
February 17, 1999
Please be aware that revocation of the land use permit will not excuse you from paying the monies owed
our department. Our office will pursue appropriate means to assure collection of these monies.
Ifyou have any Questions regarding this matter please contact me at (925) 335-1224.
Sincerely,
Deidra Dingma
Senior Planner
cc: David Lennon, ECI
David Zarider, ECI
DD 14:ECI-I.UPITRRDQC
ma
ECOLOGY CONTROL INDUSTRIES
A Full Service Environmental Company
9 J'N 25 PIN 5: 56
January 19, 1998
Mr. Dennis Barry
Deputy Director of Community Development
Contra Costa County
651 Pine Street
Second Floor,North Wing
Martinez, California 94553-0095
Subject: Ecology Control Industries Treatment Transfer Station Update
Dear Mr. Barry:
Ecology Control Industries (ECI) has completed a thorough and careful evaluation of the
treatment transfer station permit. The conclusion of the evaluation is that the treatment
transfer station will not be constructed.
The evaluation involved detailed discussions with other regional waste management
organizations and key ECI customers. In addition, the design of the facility and the scope
of the permit were evaluated against the current need for disposal services in the Wester
United States.
ECI is aware that the original concept for the facility included a program for regional
household waste(HHW) collection and recycling. Therefore, ECI would be interested in
discussing the option of creating a HHW only facility at the ECI Richmond yard to
service the community.
Mr. Larry Chase, of ECI, will be contacting your office to discuss the HHW facility. If
you have any questions, please call me at (310) 354-9999, extension 208.
Sincerely,
EcoControl Indus 'es..
David Lennon
Director of Operati ns
cc: Larry Chase, ECI
David Zarider, ECI
19500 Normandie Avenue•Torrance, California 90502-1608 Tel:(310)354-9999•Tel:(800)236-7324•Fax:(310)660-6926
www.ecologycontrol.com
forrfi nunity Contra Dennis M.Berry,ACCP
DevelopmentCommunity Development Director
Department
Costa
De
p County
County Administration Building
651 Pine Street
L-
4th Floor, North Wing
Martinez California 94553-0095
Phone:
(925) 335-1290 °s.;q ``�� August 19, 1998.
David Lennon, Director of Operations
Ecology Control Industries, Inc.
20846.Normandie Ave.
Torrance, CA 90502
SUBJECT: ONE-YEAR EXTENSION OF THE VALIDITY PERIOD FOR THE
ERICKSON HAZARDOUS WASTE TREATMENT/TRANSFER
STATION (LAND USE PERMIT 2117-87)
This letter responds to your letter dated July 20, 1998 which requested a one
year extension of the Validity Period as allowed under Condition 4.1 of Land
Use Permit 2117-87 (LUP 2117-87) for the Erickson Hazardous Waste
Treatment/Transfer Station.
Condition 4.1 of LUP 2117-87 in its entirety reads:
"Validity Period. The Transfer/Treatment Station developer shall
install prerequisite improvements and open the
Transfer/Treatment Station for receiving hazardous waste within
three years of the approval of all of the project's permits, including
the Land Use Permit and permits issued by the BAAQMD, WCCSD,
and SDHS. This validity period shall not include the time period
during which an appeal filed by parties other than the
Transfer/Treatment Station developer is pending. The
Transfer/Treatment Station developer may request from the
Directory 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. The Director of Community Development may allow each
one-year extension if the Director finds that there are changed
circumstances which warrant the consideration of changes to the
Conditions of Approval."
Office Hours Monday- Friday: 8:00 a.m.-5:00 p.m.
Office is closed the 1 st, 3rd& 5th Fridays of each month
David Lennon, Director of Operations
August 19, 1998
Page 2
Your letter states that Ecology Control Industries, Inc. (ECI) purchased
Erickson's assets on January 5, 1998. Your letter also indicated that this
extension is requested to allow ECI time to conduct a several month evaluation
of the facility permit and how best to implement the permit.
Please clarify whether a portion of ECIs evaluation has included or would
include a significant redesign of the facility. Please be advised that significant
redesign of the project may warrant amendment of the land use permit and
subsequent environmental review if required by the California Environmental
Quality Act.
Your request for a one-year extension of the LUP 2117-87 Validity Period is
approved because I find that the change of ownership from Erickson to ECI in
January 1998 is a changed circumstance that precluded you from meeting the
requirement to build and operate the facility by August 1, 1998. This.
extension is effective August 1, 1998 and extends the Validity Period through
July 31, 1999. As required by Condition 4.1 of LUP 2117-87, ECI must
construct and operate this facility prior to the expiration of the Validity Period.
Please be aware of the expiration and extension requirements specified in
Condition 4:1, as no further notification will be sent by this office.
As you are likely aware, a one-year extension of the LUP 2117-87 validity
period was granted to Erickson on August 6, 1997 (effective August 1, 1997).
Since the approval of the one-year extension of the validity period our office
has not received any information or evidence of any efforts by Erickson to
move forward with this project.
Please provide our office with a schedule that specifies the timeframe in which
ECI's evaluation is expected to be completed and when a decision will be made
regarding ECI's intention to build the Transfer/Treatment Station. Please also
identify what actions ECI has taken over the past six months regarding the
Transfer/Treatment Station.
In August 1997, Erickson was notified of the past-due invoices which totaled
$14,143.90 which were due and payable (for staff costs incurred between April
1996 and June 1997). In December 1997, Erickson was sent an invoice for
$1,184.51 for staff costs incurred between July 1997 and September 1997.
To date our office has not received payment for any of these staff costs
incurred and additional staff costs have been incurred since that time. ECI as
David Lennon, Director of Operations
August 19, 1998
Page 3
the permit holder is responsible for paying all staff costs associated with LUP
2117-87. The past-due invoices total $15,328.51. Enclosed is a spreadsheet
.which specifies more recent charges of $955.78 which covers staff costs
incurred between October 1997 and June 1998. Therefore the total amount
outstanding is $16,284.19. Please make your check payable to the
"Contra Costa County Treasurer-Tax Collector." and forward to Deidra
Dingman at the address listed on our letterhead.
Additionally, your notification regarding the transfer of ownership of the
property (as required under Condition 2.2 of LUP 2117-87) to Ecology Control
Industries, Inc. is hereby acknowledged. As specified in Condition 2.2, the
Land Use Permit for the Transfer/Treatment Station shall run with the land.
If you have questions regarding this matter please feel free to contact Deidra
Dingman at (925) 335-1224.
Sincerely,
6Barry,
ennis M. AICP
Community Develop Director
DD14:ECI-EXTN.LTR
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above-entitled matter.
I am the Principal Legal Clerk of the Contra Costa Times, a
newspaper of general circulation, printed and published at
2640 Shadelands Drive in the City of Walnut Creek, County
of Contra Costa,94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of October
22, 1934.Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates,to-wit:
October 6,
all in the year of 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek,California.
On this 9 day of ctober, 2007
.. ........f res
.....................................
Signature
Contra Costa Ti
P O Box 4147
Walnut Creek,CA 94596
(925)935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that published)
NOTICE OF A PUBLIC
HEARING BEFORE THE
CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
ON PLANNING MATTERS
RICHMOND AREA
Notice is hereby given
that on Tuesday, October
16,2007 at 1:00 p.m.in the
County Administration
Building,651 Pine Street,
Room 107(Corner of Pine
and Escobar Streets),
Martinez, California, the
Contra Costa County
Board of Supervisors will
hold a public hearing to
consider the following
planning matter:
Ecology Control Indus-
tries (Current Owner),
County File#LUP 2117-87:
Revocation of Land Use
Permit(LUP) 2117-87 due
to non-compliance with
permit conditions. Ecolo-
gY Control Industries has
elected not to construct
and operate a hazardous
waste transfer station
that was allowed under
this LUP which was grant-
ed to Erickson, Inc. (For-
mer Owner). .
The location of the sub-
ject property is within the
unincorporated territory
of the County of Contra
Costa County, State of
California,generally iden-
tified below(a more pre-
cise description may be
examined in the Office of
the Director of Communi-
ty Development, County
Administration Building,
651 Pine Street,4th Floor-
North Wing, Martinez,
California):
The location of the sub-
ject site is 255 Parr Boule-
vard,Richmond.
If you challenge the proj-
ect in court,you may be
limited to raising only
those issues you or
someone else raised at
the public hearing descri-
bed in this notice,or writ-
ten correspondence de-
livered to the County at,
or prior to, the public
hearing.
Prior to the hearing,Com-
munity Development De-
partment staff can be
available on Tuesday,Oc-
tober 16, 2007, at 12:30
p.m.in Room 105,Admin-
istration Building, 651
Pine Street, Martinez, to
meet with any interested
parties in order to(1)an-
swer questions; (2) re-
view the hearing proce-
dures used by the Board;
(3) clarify the issues be-
ing considered by the
Board:and(4)provide an
opportunity to identify,
resolve, or narrow any
differences. If you wish
to meet with staff prior to
this hearing, please call
Deidra Dingman, Com-
munity Development De-
partment; at (925) 335-
1224 by 8:00 a.m.on Tues-
day, October 16, 2007 to
confirm your participa-
tion.
Date:October 2,2007
John Cullen;Clerk of the
Board of Supervisors and
County Administrator
By Katherine Sinclair,
Deputy Clerk
Legal CCT 2544410
Publish October 6,2007
1-
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above-entitled matter.
I am the Principal Legal Clerk of the West County Times, a
newspaper of general circulation, printed and published at
2640 Shadelands Drive in the City of Walnut Creek, County
of Contra Costa,94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of August
29, 1978. Case Number 188884.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates,to-wit:
October 6,
all in the year of 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek,California.
On this 9 day ofOctober,ctober, 2007
J !
........................ .......................................................
Signature
West County Times
P O Box 100
Pinole,CA 94564
(510)262-2740
Proof of Publication of:
(attached is a copy of the legal advertisement that published)
NOTICE OF A PUBLIC
HEARING BEFORE THE
CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
ON PLANNING MATTERS
RICHMOND AREA
Notice is hereby given
that on Tuesday, October
16,2007 at 1:00 p.m.in the
County Administration
Building, 651 Pine Street,
Room 107(Corner of Pine
and Escobar Streets),
Martinez, California, the
Contra Costa County
Board of Supervisors will
hold a public hearing to
consider the following
planning matter:
Ecology Control Indus-
tries (Current Owner),
County File#LUP 2117-87:
Revocation of Land Use
Permit (LUP)2117-87 due
to non-compliance with
permit conditions. Ecolo-
gy Control Industries has
elected not to construct
and operate a hazardous
waste transfer station
that was allowed under
this LUP which was grant-
ed to Erickson, Inc. (For-
mer Owner).
The location of the sub-
ject property is within the
unincorporated territory
of the County of Contra
Costa County, State of
California,generally iden-
tified below(a more pre-
cise description may be
examined in the Office of
the Director of Communi-
ty Development, County
Administration Building,
651 Pine Street,4th Floor-
North Wing, Martinez,
California):
The location of the sub-
ject site is 255 Parr Boule-
vard,Richmond.
If you challenge the proj-
ect in court,you may be
limited to raising only
those issues you or ...
someone else raised at
the public hearing descri-
bed in this notice,or writ-
ten correspondence de-
livered to the County at,
or prior to, the public
hearing.
Prior to the hearing,Com-
munity Development De-
partment staff can be
available on Tuesday,Oc-
tober 16, 2007, at 12:30
p.m.in Room 105,Admin-
istration Building, 651
Pine Street, Martinez, to
meet with any interested
parties in order to(1)an-
swer questions; (2) re-
view the hearing proce-
dures used by the Board;
(3) clarify the issues be-
ing considered by the
Board;and(4)provide an
opportunity to identify,
resolve, or narrow any
differences. If you wish
to meet with staff prior to
this hearing, please call
Deidra Dingman, Com- .
munity Development De-
partment; at (925) 335-
1224 by 8:00 a.m.on Tues-
day, October 16, 2007 to
confirm your participa-
tion.
Date:October 2,2007
John Cullen,Clerk of the
Board of Supervisors and
County Administrator
By
Katherine Sinclair,
Deputy Clerk
Legal WCT 2863
Publish October 6, 2007