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HomeMy WebLinkAboutMINUTES - 04191988 - T.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: April 19, 1988 MATTER OF RECORD ----------------------------------------------------- ------ 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 _y 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. DBO: jn 144 :dbo.brd 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. DBO:jn 144:landfill.mem