HomeMy WebLinkAboutMINUTES - 04191988 - T.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
DATE: April 19, 1988
MATTER OF RECORD
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SUBJECT: Proposed modification of the landfill permit process for
new landfill proposals.
In considering the above recommendations, the Board heard from
the following:
1. Janna Covertson, representing the West County Solid Waste
Management Authority, read a statement from that Authority' s Planning
and Operations Committee opposing the proposed variation in the
permitting process.
2. George Livingston, Mayor of the City of Richmond, advised
that the West County Mayors took a position in support of the
Garaventa/Antioch site and noted that there was just a short time left
in the capacity at the Richmond Sanitary Landfill and urged that the
Board do everything possible to expedite a new landfill site.
3. Jonathan A. Cohen, representing Land Waste Management, opposed
the proposal to change the application review process, suggesting that
such a new process would create favoritism for the applicant coming
into the process.
4. Thomas Stewart, representing Land Waste Management, urged the
Board to consider the issue of equity and the impact on the public of
changing the procedure for processing applications for landfill sites.
He reviewed the process -under which Land Waste Management' s
application was processed requiring full and complete information. He
urged the Board not to change the processing procedure.
5. Carol Hehmeyer, attorney for S & J Investments, reviewed the
points contained in her letter filed with the Board opposing the
proposed modification of the permit process for new landfill sites.
She urged the Board to expedite the current landfill applications now
before the Board and declared her opposition to the proposed
modification.
6. Eric Hasseltine, representing Waste Management, commented
that the Board does not have a long tradition of processing landfills
in this County, but as a matter of fact, a few years ago, after
receiving the application for the Central County Landfill, the Board
adopted a new process by which to accept and process applications for
General Plan Amendments, Solid Waste Plan Amendments and Land Use
Permits involving landfill and that the only two projects to which
this process has been applied are, in fact, the Kirker Pass and East
County Landfill. He suggested there are some ways to bring into
earlier focus the issues that affect those landfills and to allow
greater public participation and greater knowledge on the part of
staff and elected officials. He stated that he believed that the
Marsh Creek site had potential and fully .believed that the Marsh Creek
site will be part of the the overall program in landfill for this
County and for that reason, they are proceeding at full haste to
conduct necessary tests and do the necessary analysis so all necessary
information will be brought before the Board and this County. He
declared that he believed the new procedure to be more efficient
because information will be processed in full scrutiny of the staff
and those people who have to make a decision about the ultimate use of
that material and they would be able to avoid coming in with project
reports which are then rejected for one reason or another. He asked
the Board' s carefull consideration of the proposed modified procedure
for processing applications for landfill sites.
Board members discussed the matter in some detail. Supervisor Fanden
expressed surprise that the matter is before the Board without having
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the Solid Waste Commission having input and review of any changes to
be made with respect to solid waste issues. Supervisor Torlakson
asked for staff comments as to whether the proposed modifications are
a way to process applications more efficiently and if there are
benefits to the public in having certain information available at an
earlier stage.
Mr. Bragdon and County Counsel responded to Supervisor Torlakson' s
inquiry.
Supervisor Torlakson recommended the modification to the Board and to
the Solid Waste Commission. He concurred with Supervisor Fanden' s
suggestion to send the matter to the Solid Waste Commission for review
and report to the Board.
Supervisor Fanden moved to refer the proposed modification to the
Solid Waste Commission for review and report to the Board.
Supervisor Powers advised he would vote no because he felt it would be
a waste of time.
The Board then adopted the following order:
TO BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon Contra
ltra
Director of Community Development
C4osta-
DATE: April 6, 1988 (�`r�l rr�rh i
SUBJECT: Modification of Landfill Permit Process for v���+� ���
New Landfill Proposals
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Authorize a modification to the June lU, 1984 , Board ,policy
on General Plan landfill authorization review for the sani-
tary landfills which will allow acceptance of applications
for a General Plan Amendment and County Solid Waste Manage-
ment Plan Amendment prior to submittal of a Comprehensive
Project Description.
2. Authorize staff to procure the services of a consultant
(with qualifications to prepare a landfill EIR) , after the
General Plan Amendment review is authorized by the Board, to
work with staff to review submittals of the Comprehensive
Project Report. The applicants will be required to pay for
the costs of the consultant.
FINANCIAL IMPACT
Landfill applicant will be assessed for additional costs for
variation to procedure.
REASONS FOR RECOMMENDATIONjBACKGROUND
On March 29, 1988, the Board of Supervisors requested staft to
review a proposal by Waste Management Inc. for a variation of the
permit process for landfill applications. Waste Management re- :.
quested early acceptance of applications for a General Plan
Amendment and a County Solid Waste Management Plan Amendment
prior to completion of the Comprehensive Project Description.
Additionally, Waste Management proposed that the County hire a
consultant to work with staff to review Comprehensive Project
Description submittals by the applicant to ensure that they are
adequate for development of an Environmental. Impact,. Report. The
selected consultant could also do the Env 1ronmeri-tal--`1-mpact, -Report7'
for the project. Staff has met with representatives of Waste
Management and they have indicated concurrence with these recom-
mendations.
CONTINUED ON ATTACHMENT: X YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO ME lON F B ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON April 19, 1933 APPROVED AS RECOMMENDED OTHER
The Board heard comments from Janna Covertson, West County Solid Waste Management Authority;
George Livingston, Mayor of the City of Richmond; Johatha A. Cohen and Thomas Stewart both
representing Land Waste Management; Carol Heymeyer, attorney for S & J Investments and Eric
Hasselfine representing Waste Management Inc.
THE BOARD REFERRED THE PROPOSED MODIFICATION TO THE SOLID WASTE COMMISSION FOR REVIEW AND
REPORT.
VOTE OF. SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: -TTr ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: Orig. Dept. Community Develop. ATTESTED _ April 19, 1988
County Administrators Otc. PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Waste Management via CDD
M382/7-83 BY .DEPUTY
2.
On July 10 , 1984, the Board of Supervisors adopted a policy on
General Plan landfill authorization review. This established a
process for handling solid waste landfill applications that were
anticipated at the time. The policy calls for submittal of a
Comprehensive Project Description prior to accepting applications
for General Plan amendments. The policy also calls for Board of
Supervisors ' authorization for review of the General Plan. The
only proposed modification to this policy would be that the Board
could authorize a General Plan amendment review prior to submit-
tal of the Comprehensive Project Description. Staff has devel-
oped requirements for information submittals for the General Plan
amendment and the County Solid Waste Management Plan amendment.
The Comprehensive Project Description contains very detailed
geologic, environmental and engineering information which is not
necessary to initiate the review of the General Plan and Solid
Waste Management Plan.
Early hiring of a consultant to review the Comprehensive Project
Description submittals by the consultant will ensure that the
Comprehensive Project Description is complete for use in writing
the Environmental Impact Report. The selected consultant will
also have qualifications necessary to perform the Environmental
Impact Report for the project. The selected consultant will be
requested to submit a proposal for the Environmental Impact
Report after the Comprehensive Project Description and associated
CEQA notification have been completed.
Via separate memorandum, the Community Development Department has
outlined a proposed process for the proposed Waste Management
"Marsh Creek landfill" project.
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CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Board of Supervisors DATE: April 7, 1988
FILE: R-25J
FROM: Harvey E. Bragdon,
Director of Communi*iew
Vce SUBJECT: Landfill Applicatio
Our department has prepared a Board order which would allow a modification to
the July 10, 1984, Board policy on General Plan landfill authorization review.
If this modification is approved by the Board, our department anticipates the
following sequence of events for processing the proposed "Marsh Creek" landfill
application sponsored by Waste Management Inc.
1. The applicant requests from the Community Development Department a
General Plan Amendment and a County Solid Waste Management Plan Amend-
ment for the site. The request is based on criteria developed by
Community Development Department for General Plan Amendments and
County Solid Waste Management Plan Amendments. Previously, in accor-
dance with the July 10, 1984, policy, the-- Comprehensive,. Project
Description would have been required at this stage.
2. If the applications are complete, the Community Development Department
accepts the amendment requests and requests Board authorization to
proceed with the review of General Plan Amendment and consideration of
a County Solid Waste Management Plan Amendment. Community Development
Department acceptance of the General Plan Amendment request starts the
California Environmental Quality Act (CEQA) process and time limits
associated with it.
3. The Board considers authorization of review of the General Plan Amend-
ment and consideration of the Solid Waste Management Plan Amendment.
4. If the Board authorizes the General Plan Review, the Community Devel-
opment Department initiates a consultant selection process for a
consultant to work with staff in reviewing Comprehensive Project
Description submittals for the project. The selected consultant will
also have qualifications to do the EIR for the project if requested.
5. (Can be done concurrently with Step 4. ) The Community Development
Department writes a letter to the applicant detailing all information
needed for completion of an Environmental Impact Report. The proposed
EIR will cover all entitlements, including the land use permit, which
would not yet have been requested. The letter will contain -a time
schedule for submittal of the required information.
2.
6. (This can be done concurrently with Steps 4 and 5. ) A notice of
preparation of the Environmental Impact Report is circulated and a
scoping session on the EIR is held.
7. When the Comprehensive Project Description is complete, the applicant
submits a land use permit.
8. The EIR and all entitlements are processed concurrently, as took place
with previous landfill applications.
This variation to the July 10, 1984, policy allows for an earlier acceptance of
requests for General Plan Amendments, and County Solid Waste Management Plan
Amendments and a possible savings in time with the earlier hiring of a consul-
tant to ensure that the Comprehensive Project Description meets the requirements
necessary to begin the Environmental Impact Report.
If you have any questions, please contact Dave Okita at 646-2071.
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