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HomeMy WebLinkAboutMINUTES - 04031990 - 2.1 (2) _ . 2, /o SE_ � To BOARD OF SUPERVISORS -= FROM: Harvey E. Bragdon Director of Community Development ` DATE'. April 3 , 1990 ��y';' �• 40� SUBJECT: Combined Amendment (Amendment 1 ) to - r� couri`f'( Land Use Permit 2122-86 for the Acme Fill Waste Recovery and Transfer Station SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Affirm that the Board of Supervisors has reviewed and considered the February, 1990, Addendum to the Environmental Impact Report, and the Final Environmental Impact Report ( 1987) , before acting on this item. 2 . Approve the Combined Amendment (Amendment 1 ) to Land Use Permit 2122-86 , as submitted, or 3 . Approve the Combined Amendment (Amendment 1 ) to the Land Use Permit 2122-86 with the revisions indicated in the staff report of April 2, 1990. FINANCIAL IMPACT None. REASONS FOR RECOMMENDATION/BACKGROUND April 3 , 1990, Closed-for-Decision Hearing Background On March 27, 1990, the Board of Supervisors held and closed the public hearing on Combined Amendment 1 . Three items on the transfer station were referred to staff for responses: plastics recovery, a Permanent Transfer Station schedule and hazardous waste. These items are discussed in the attached staff report (memorandum) dated April 2, 1990. Separately, the Acme Fill Corporation has responded to the Board on these items in a letter dated March 30 , 1990 . Staff finds that Acme ' s letter basically includes the commitments the Board appears to want, and that the Board may approve Combined Amendment 1, as submitted. Alternately, the Board may wish to add provisions on plastics recovery and a Permanent Transfer Station sch dule, s proposed in the April 2, 1990 , staff report. X CONTINUED ON ATTACHMENT: X YES SIGNA RE; RECOMMENDATION OF COUNTY ADMINISTRATOR R TION FO RD COMMITTEE APPROVE OTHER SIGNATURE(S1: ACTION OF BOARD ON Aril 3, 1990 APPROVED AS RECOMMENDED OTHER X The Board approved recommendations No. 1 and No. 3 above. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT III AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABST IN: OF SUPERVISORS ON THE DATE SHOWN. Commune ve opment ( rig. cc: Health Services Department County Administrator's Office ATTESTED _April 3, 1990 County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF Acme Fi l l vi a CDD SUPERVISORS AND COUNTY ADMINISTRATOR Califoria Integrated Waste Management Board via .CDD. Bay Area Air Quality Management District via CDD 6L382/7-83 Regional Water Quality Control Board viaBDEPUTY 2. original (March 27 Hearing) Background The County Planning Commission and staff recommend approval of the Amendment (see Planning Commission Resolution and January 27, 1990 staff report) . The applicant, the Acme Fill Corporation, requests that Land Use Permit 2122-86 be amended to substitute a closing date of July 27, 1992, for the current closing date of April 1 , 1990, for the Interim Transfer Station. Continued use of the Interim Transfer Station is necessary to comply with the current two- and three-year solid waste export agreements with Alameda and Solano Counties. County staff has added five "housekeeping" changes to the Conditions of Approval for Land Use Permit 2122-86. One change would link the validity period for the Land Use Permit to the issuance of a Solid Waste Facilities Permit for the permanent transfer station. It was not expected in 1987 that the California Waste Management Board (CWMB) (in 1988 ) would bifurcate the Solid Waste Facilities Permit because of the CWMB' s dispute with the County over the County' s Solid Waste Management Plan. The CWMB issued only a Solid Waste Facilities Permit for the Interim Transfer Station. Two of staff 's changes would provide modified language in the Conditions of Approval to bridge the period between the statutory elimination of the County Solid Waste Management Plan requirement and the future adoption of integrated waste management. plans. The remaining two staff changes would update the Condition pertaining to rate review and substitute compliance with a franchising agreement for compliance with a development agreement. The applicant's and staff's proposed changes are described in the attached Combined Amendment document. Because the Acme Fill Waste Recovery and Transfer Station project already had a Certified Environmental Impact Report and because the proposed changes (i.e. , no potentially significant environmental analyses) , an Environmental Impact Report Addendum was prepared on it. CAZ: jal jl44:lup.brd CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO: Board of Supervisors DATE: April 2, 1990 FILE: FROM: Harvey E. Bragdon, Director of Community Development By: Charles A. Zahn, Assistant Director pr-e- SUBJECT: Board of Supervisors' Referrals on Acme Transfer Station Land Use Permit 2122-86 Combined Amendment 1 On March 27, 1990, the Board of Supervisors closed the public hearing on the proposed Combined Amendment 1 to the Land Use Permit (LUP 2122-86) for the Acme fill Waste Recovery and Transfer Station and referred three items to staff for response. The three items are plastics recovery, a permanent transfer station schedule, and hazardous waste programs. These are discussed below. ' Subsequent to the March 27th Board meeting, staff met with representatives of the Acme Fill Corporation. Acme .then prepared and submitted its own responses to the Board (attached letter dated March 30, 1990) . Since the Board of Supervisors' concerns appear to be covered by Acme Fill Corporation's March 30th letter, the Board could (1) proceed to affirm that it has reviewed and considered the Acme Transfer Station's 1987 Final EIR and its 1990 EIR Addendum, and (2) approve Combined Amendment 1, as submitted. Alternatively, the Board of Supervisors could, after affirming its review and consideration of the EIR package, revise Combined Amendment 1 to include references to plastics recovery at the drop-off facility and a Permanent Transfer Station schedule, as described below, and approve the revised Combined Amendment 1. Plastics Recovery The Transfer Station operator is obligated by Condition 12.1 to install a drop-off facility for newspaper, glass and cans. It is to be located off the entrance road outside of the Transfer Station compound to enable the public to use it without payment and enable the operator to avoid imposing disposal fees on the recovered material. Although Condition 12.1 does not require the drop-off facility to accept plastics, the Acme Fill Corporation has committed itself to taking plastics. In its letter of March 30, 1990, Acme also promises to open the drop-off facility within a month of the Board of Supervisors' extension of the Interim Transfer Station's operating period. It is noted that the Land Use Permit provides that the drop-off facility is to be converted to a buy-back facility with a broader materials intake program. , J The Board of Supervisors may conclude that Acme Fill Corporation's commitment to. accept plastics at its drop-off facility adequately covers the matter. Alternatively, the Board may add the word plastics to the list of materials to be taken at the drop-off facility specified in Condition 12.1. Permanent Transfer Station Timetable Condition 3.1 of the Land Use Permit provides that the Transfer Station developer shall be installed within three years of the issuance of a Solid Waste Facilities Permit (operations permit) for "the project." It was expected that the California Waste Management Board would issue a Solid Waste Facilities Permit (SWFP) for the overall project, covering both the Interim and Permanent Stations, or, as it actually happened, consider permits for both stations at the same time. It was not expected that the California Waste Management Board (in October, 1988) would issue the SWFP for only the Interim Transfer Station, and only for a short time, because of the State's determination that the County did not then have a valid Solid Waste Management Plan and because of the State's perception that the County was not diligent in pursuing a new landfill. The amendment to Condition 3.1 before the Board of Supervisors is intended to adjust the language of the Land Use Permit to this situation by specifying that its validity period for the Permanent Transfer Station is to start from the State's approval of its SWFP. It is noted that the permittee could not have effectively re-applied for the SWFP for the Permanent Transfer Station prior to the State's approval of the Solid Waste Management Plan in December, and the Board of Supervisors' landfill approvals in March. Further, as commented on in Acme Fill Corporation's March 30th letter, it is now reasonable for Acme to submit the SWFP permit after the new California Integrated Waste Management Board has been seated and that the submittal should include information on complying with AB 939 and its new resource recovery requirements. It is also noted that the Interim Transfer Station is expected to be able to remain in operation only until mid-1992, when new air quality particulate standards go into effect. Since the rule-of-thumb is that it will take about two years to build and put a new station into operation, there already is de facto timeline in effect which is shorter than Condition 3.1's -- Acme must apply for the Permanent Transfer Station's SWFP in no later than six months or it will not be in operation in mid-1992. Again, the Board of Supervisors may conclude that Acme Fill Corporation's stated commitment to re-apply for the SWFP and to report to the Board semi-annually is adequate. Alternatively, the Board may wish to add the following to Condition 3.1 as revised by Combined Amendment 1: (1) The Transfer Station developer shall apply to the California Integrated Waste Management Board for a Solid Waste Facilities Permit for the Permanent Transfer Station no later than October 1, 1990. ; and (2) The Transfer Station developer shall report to the Board of Supervisors on the status of the Permanent Transfer Station's permits and wastestream commitments at six-month intervals beginning on June 1, 1990.* *The reports, perhaps, could coincide with semi-annual rate reviews. 2. T Hazardous Waste Condition 13.1 of the Land Use Permit requires the permittee to implement a program for screening loads for hazardous wastes at the Transfer Station. This program went into effect when the Interim Transfer Station opened in December. Among other things, it was a pre-requisite for exporting wastes . to Alameda and Solano Counties. The screening program will, of course, continue to evolve with experience and new requirements. There is no need for additional Board of Supervisors' action at this time. Condition 13.2 of the Land Use Permit obligates the permittee to prepare a household hazardous waste recycling/disposal program, and to implement the program if it is approved by the County and if its costs are allowed to be passed through or otherwise provided for. The program is to be submitted within one year of start-up (from December 18, 1989) . Acme in its letter of March 30th indicates it will meet the schedule. There is no need for additional Board of Supervisors' action at this time. HEB:CAZ:jal jl44:acm.mem Attachments 3. PRESIDENT DIRECTORS Boyd M. Olney, Jr. Bart Bisio SECRETARY - TREASURER Clark Clovis George Navone March 30, 1990 Honorable Nancy Fanden, Chairperson and Members of the Board of Supervisors County of Contra Costa County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553-0095 Dear Chairperson Fanden and Members of the Board: At the Board of Supervisors meeting on March 27, 1990, the Board expressed concerns regarding implementation of certain permit conditions of the Acme LUP 2122-86. We have reviewed the LUP conditions with respect to your concerns and don't see that the conditions need to be further modified, as we believe your concerns are addressed in the LUP conditions, and only Acme's intentions and commitment need to be clarified. 1. Resource Recovery and Recycling The Land Use Permit (Condition 12 . 1) for the project requires Acme to implement a resource recovery and recycling program which is consistent with the County Solid Waste Management Plan and complements the cities' and the collectors' recycling efforts. From initial start-up through 1992, a drop-off recycling center for newspaper, glass, and cans is to be provided along the access road prior to the paybooth. Wood and brush debris is to be chipped. /�C9 /30z 1108 MWS a4x, , 941553 P"; G#,. 22 8-7099 i�i& �2Fs-65.25 Honorable Nancy Fanden, Chairperson and Members of the Board of Supervisors March 30, 1990 Page 2 Cardboard is to be salvaged and baled. Miscellaneous metals and other reusable materials are to be salvaged. The 1992-1997 phase of the program is to address the recovery of additional materials, and the conversion of the drop-off recycling center to a buy-back center. The 1997-2007 phase of the program is to address a more comprehensive resource recovery system. Currently as part of its facility operations, Acme is salvaging wood, brush, concrete, miscellaneous metals, batteries, and waste oil. Wood and brush are shipped off-site to be chipped and later sold as woodwaste boiler fuel. Concrete is used on-site in road, pad, and drainage ditch construction. Miscellaneous metals are baled annually and shipped off-site. Batteries are stored and shipped off periodically depending on quantity. Waste oil. from on-site equipment maintenance is stored and shipped off- site for reconditioning and reuse every quarter. Regarding these conditions on recycling, in addition to its current activities, Acme commits to the following: Within one month of the date of approval . of the interim station expiration date extension, Acme will provide a drop-off center for newspaper, cardboard, glass, cans, and plastics prior to the paybooth. Honorable Nancy Fanden, Chairperson and Members of the Board of Supervisors March 30, 1990 Page 3 Within three months of the date of approval, Acme will add additional boxes for the collection of other reusable and marketable materials. Markets provided by community organizations will be considered. The Land Use Permit (Condition 12.6) for the project requires Acme to propose and implement a pilot project for composting a portion of the organic material brought to the project. Acme is required to submit a proposal for this project within one year after start-up and implement the project within one year of its approval. Even though the permanent waste recovery and transfer station project has been delayed, Acme intends to and will comply with this condition. 2. Schedule for Permanent Waste Recovery and Transfer Station The Land Use Permit (Condition 3 . 1) for the project requires Acme . to open the permanent station within three years of final approval of the project's Solid Waste Facilities Permit. Acme submitted a Solid Waste Facilities Permit for the permanent station in 1988. However, the California Waste Management Board could not concur in the issuance of the Facilities Permit because the County's Solid Waste Management Plan was deficient. Honorable Nancy Fanden, Chairperson and Members of the Board of Supervisors March 30, 1990 Page 4 Since the County has met the schedule, Acme intends to and commits to resubmit its State Solid Waste Facilities Permit application as soon as possible but no later than six months of the date of approval of the interim station expiration date extension. Time is needed to allow for the new Integrated Waste Management Board members to be seated, and for Acme to prepare the necessary information for AB939 compliance. Another element of the project is securing a waste stream. To keep the Board apprised of Acme's progress in securing a waste stream, Acme intends to and commits to provide the Board of Supervisors with waste stream commitment progress reports every six (6) months. The reports will include progress on and status of securing project financing. 3. Hazardous Waste The Land Use permit (Condition 13 . 1) for the project requires Acme to prepare and implement a program for screening loads for hazardous waste. Acme submitted a written program to the . County and has implemented the program as part of its facility operations. Waste is screened at the scale and paybooth facilities and the unloading areas. If hazardous waste is found, the hauler and generator are Honorable Nancy Fanden, Chairperson and Members of the Board of Supervisors March 30, 1990 Page 5 contacted to arrange the removal of the waste. If neither can be identified, Acme has the waste properly disposed. The Land Use Permit (Condition 13 .2) for the project requires Acme to develop a household hazardous waste recycling/disposal program which would include a drop-off location for certain hazardous waste. Acme intends to and commits to submit the proposed program, along with a schedule of proposed costs, to the County, within one year from the start-up. 4. Rate Regulation and Funding of Solid Waste Programs The funding of solid waste programs was the subject of rate review in December 1989, and these program issues are more appropriately handled in the interim station's 6-month rate regulation review hearings in May-June 1990. We believe this letter clarifies Acme's intent and commitment, and in consideration of these commitments, Acme respectfully requests the Board of Supervisors to grant this request to extend the use of the Interim Transfer Station to July 27, 1992 . Very truly your'7 Thomas C. Reilly TCR: lam Director of Operations • COMBINED AJ1ENDNENT 1 LAND USE PERMIT 2122-86 ACHE FILL WASTE RECOVERY AND TRANSFER STATION (ANNOTATED VERSION) PART A AMENDMENT ORIGINATED BY APPLICANT 1. Condition of Approval 29.1 is amended as follows (delete over-struck text; add underlined text): General Condition. The Acme Fill Corporation may construct and operate an interim Transfer Station on the Acme landfill property at a location designated in Condition 29.2 below. The size of . the interim station may not exceed 10 acres. The interim Transfer Station may commence operations on or after April 1, 1989, and shall cease operations not later than 90 days following the opening of the permanent Transfer Station, but in no event longer than Jlp�,i41AOjl;000 July 27, 1992. Grading shall be done in accordance with Section 16. The interim Transfer Station may consist of one or more un-enclosed pads, which shall be paved to prevent the infiltration of liquids into the underlying ground. If it is necessary to excavate into the cover of the landfill, permission shall be obtained from the County Health Services Department and other regulatory agencies having jurisdiction. Drainage waters from the pads shall be handled as leachate. Screens or fences shall be installed to restrict litter from blowing off the operations area. The Interim Transfer Station shall be served by a paved road. It shall be enclosed by a security fence. Wooden slats shall be installed in the fence to screen any part of the station which may be visible from a residential area. PART B AMENDMENTS ORIGINATED BY COUNTY STAFF 1. Condition of Approval 3.1 is amended as follows (etc. ): The Transfer Station developer shall install pre-requisite improvements and open the Permanent Transfer Station for receiving refuse within three years of the final approval of the O�OAOOtj$ Permanent Transfer Station's Solid Waste Facilities Permit, which three years shall be extended by any appeal on any permit. The Transfer Station developer may request a one-year extension of the Land Use Permit. If the Land Use Permit is not implemented within the specified time, it shall become null and void. .2 Post 1992 Resource Recovery Program. Prior to 1991, the Transfer Station Operator shall prepare and submit for review and approval by the County a proposed resource recovery program covering the periods from 1992-1997 and 1997-2007. The proposed program shall be designed to implement the resource recovery goals of the 1989 County Solid Waste Management Plan. The 1992-1997 phase of the program shall address the recovery of additional materials, and conversion of the drop-off recycling center to a buy-back center. The program shall attempt to recover at the Waste Transfer Station an additional 5 percent of the total waste stream to complement the cities' and collectors' anticipated curbside recycling program of 5 percent of the waste stream, to meet the recycling goal of the 1989 County Solid Waste Management Plan in the midterm of 30 percent reduction of the waste stream. The 1997-2007 phase of the program shall address a more comprehensive resource recovery system, including production of refuse pellets for shipment if feasible, with a recycling goal of an approximate additional 20 percent of the waste stream, to bring the total waste recycled at the facility to approximately 45 percent of the total waste stream, to complement the cities' and collectors' anticipated curbside recycling or equivalent recycling program of 15 percent of the waste stream to meet the recycling goal of the 1989 County Solid Waste Management Plan in the long term of 60 percent reduction of the waste stream. Nothing in Condition 12.2 shall be interpreted as giving approval to modifications of Land Use Permit 2122-86 without environmental review or due process of law, nor shall it be interpreted as approving project modifications without obtaining other applicable permits. .3 Recyclable Extraction. The Transfer Station operator shall screen incoming self-hauler loads for major recyclable materials and extract materials, consistent with the 1989 County Solid Waste Management Plan. .4 Recyclable Storage. The Transfer Station operator shall not store recycled materials in the open on the Transfer Station site, unless the material is baled or 'placed in bins or storage containers. .5 Wood Chipping. The Transfer Station operator shall install wood chipping equipment on the site, and establish a program to encourage landscape-services and construction/demolition material haulers to segregate wood material for chipping. r . ��7��X��t��l�►�t���/X#��t�u����i�$ /�X�}�t x�/l�tS�¢t��1�/f�}�/�/¢f�$�f�l�'f¢�$� 0*¢00$4010OW/0000 lW-l0l AY0/tot/Avg 1WWI 11WA,00, /of /00 tots$/Of 1A/FMWxOO1���`��t���►i�J�t�11604019100OWW1//no/Now O 1 S tt XO t 1041 109X--MA ltyu$ 4WOA If Ot/$1600;X¢ 1 WOW /Of o; 00 /160040160W /Jqgt00000t 104t 1)60 /0*0¢4i oid 110nooA40 /X�O The pt¢Xt Franchise Agreement may require the Transfer Station owner to pay a franchise fee and to financially support waste management programs established by the County. Such programs may include, but are not limited to, resource recovery, litter control, and public education. Xx 1fioltl,60*4001 tot/Wo tOW)k/0t5d1¢9sWOX 1�f /Wo 116tW /W/W /001WOU$X00/)4 ot5dAApitoo/o; lotAot/0000$/ Xt1VhAj The Board of supervisors may allow the Transfer Station operator to O$t"XA$Yi collect appropriate rates and surcharges to support the County's waste management programs and to contribute to the closure costs of a landfill which has served the Transfer Station's service area. CAZ:jal jl37:ann.doc (1/16/90) (2/23/90) 5.