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HomeMy WebLinkAboutMINUTES - 05081990 - S.2 S. 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 8 , 1990 by the following vote: AYES: NOES: (See below for vote) ABSENT: ABSTAIN: -------------------------------------------------------------------- -------------------------------------------------------------------- SUBJECT: Establishing a Timetable for the Closure of the GBF Landfill The Board on May 1, 1990 , considered the recommendations of Supervisor Torlakson relative to the closure of the GBF Landfill, approved Recommendation No. 1, and deferred to this day consideration of Recommendations Nos. 2 through 5. Supervisor Torlakson has subsequently presented for the Board' s consideration an amendment to his recommendations with the addition of Recommendations Nos. 6 through 9. A copy of the revised document as presented by Supervisor is attached and included as a part of this document. Frank L. Stone, Councilmember, City of Antioch, 1312 W. 10th Street, Antioch, urged the Board to expedite the closure of the GBF Landfill. He referred to the concerns of the City relative to odors, height limit of the landfill, general appearance of the landfill, and proximity to homes. In commenting on projects under consideration by the Antioch City Council, Supervisor McPeak requested Councilmember Stone to remind his staff to provide the Bay Area Air Quality Management District with the completed Environmental Impact Reports on these projects so as to avoid potential environmental problems such as odors. William Galstan, Attorney, City of Antioch, referred to a Cease and Desist Order issued by the County Health Department to the Operator of the Landfill who has 90 days to respond. He noted that the 90-day period will expire around the end of May. He advised of meetings with the landowners, the operator of the landfill, and representatives of the City of Antioch to discuss their concerns, needs, and closure of the landfill. Mr. Galstan conveyed the City' s interest in obtaining compliance with the height limit of the landfill as specified in the County' s land use permit and a closure date for the landfill. Ron Mullin, Councilmember, City of Concord, 3141 Esperanza Drive, Concord, (who was present with Nancy Gore, Vice Chair, City of Concord) , commented on the situation today relative to the GBF Landfill. He noted that the City of Concord has an agreement with a waste hauler who must provide a site for the dumping of the City of Concord' s garbage. He advised that the City of Concord is sensitive to the fact that the City of Antioch would like to have the GBF Landfill closed as quickly as possible. He expressed the opinion that he did not believe this is possible since the export agreements are not in place to handle all of the garbage currently being dumped at the Antioch site. He expressed concern with the discussion pertinent to the closure of an existing landfill that has the ability to have additional capacity until such time as the export agreements are executed and a permanent solution to the garbage crises has been found. Councilmember Mullin commented on the feasibility of locating regional centers to manage the County' s waste disposal and to find a solid waste disposal site. He spoke on the need to continue all our efforts to try to lessen the amount of material going into the landfill. He advised of the City Council' s concern with increased garbage disposal costs for Concord residents. On behalf of the City of Concord, Councilmember Mullin urged the Board to allow the application to move forward for the Environmental Impact Report and for the height increase at the Antioch site in order to produce additional capacity. Supervisor Fanden asked Councilmember Mullin to name a landfill site that the City of Concord is supporting. Councilmember Mullin requested the Board Chair to write a letter to the Mayor, City of Concord, (for placement on the City Council' s Agenda) inquiring as to the City' s position relative to the proposed landfill sites. There being no further discussion, Supervisor Torlakson moved approval of Recommendation No. 2 as set forth on the attached document. The motion was seconded by Supervisor Fanden. The vote on the motion was as follows: AYES: Supervisors Torlakson, Fanden NOES: Supervisors Powers, McPeak ABSENT: Supervisor Schroder ABSTAIN: None The motion failed to carry. Supervisor Torlakson then moved approval of Recommendation Nos. 3 through 9 as set forth on the attached document. The motion was seconded by Supervisor Fanden. Supervisor Powers advised that he could support the motion with the following amendments: Recommendation No. 3 - to delete the July 17, 1990 date and replace it with "as soon as practical. " Recommendation No. 5. - to delete "at least by July 1, 1990"; to amend the last sentence of this recommendation to read, "Pledge to give serious consideration for the closure plan and mitigation recommendations submitted by the City. " Supervisors Powers requested the addition of Recommendation No. 10 to encourage staff to expedite the environmental review process Supervisor McPeak recommended that Recommendation No. 3 be further amended to read, "Request that a precise timetable detailing the closure steps be presented for adoption by the Board of Supervisors pursuant to the outcome of the pending EIR review process. " Supervisor Powers advised that he could support Supervisor McPeak' s amendment to Recommendation No. 3. . Supervisor Torlakson requested consideration be given for the inclusion of the July 1 , 1990 date in Recommendation No. 5. Supervisor Torlakson advised that he would amend his motion to include the amendments proposed by Supervisor Powers. Supervisor Fanden also agreed. The vote on the motion was as follows: AYES: Supervisors Powers, McPeak, Torlakson, Fanden NOES: None ABSENT: , Supervisor Schroder ABSTAIN': None Supervisor Powers requested that at some future time the Board clarify its position on the GBF Landfill site. He referred to a meeting with the landfill owner, two Supervisors, and members of dcounty staff, in which Mr. Garaventa was asked to accept more waste. He referred to the present position in which there is an urgency for closure of the landfill. He commented on the cooperation of the landfill operator in complying with the County's request to accept more refuse, his applying for a permit for an increased height limit at the landfill site, and financing an Environmental Impact Report pertinent to that height increase. Mike McCabe, Attorney for the Contra Cost Sanitary Landfill, (S. Garaventa, owner) , commented on his notes of the referenced May 4, 1989 meeting at which his client was urged to accept more refuse by increasing the landfill's height limit and to fund the required Environmental Impact Report. He advised that the reasons why there are areas at the landfill at the present time that exceed the height figures cited by the County are in part if not all a result of his client accepting excess garbage and having to place it on portions of the site that were engineered to accept garbage. He further advised that his client is in the process of engineering other portions of the site that have a lower elevation and that upon completion of this engineering work the excess garbage will be placed there. Mr. McCabe recalled that the hazardous materials placed on the referenced site were placed there by Industrial Tank prior to 1974, prior to the acquisition of the property by Mr. Garaventa. He noted that there is a task force dealing with this site. Ray Trujillo representing the Ironworker' s Local 378, spoke in support of Supervisor McPeak. This concluded the discussion on this matter. I hereby WrtIfy that tits to a Ink and Doffed oopY of an action taken and entered on the minutes of the cc: Director, CDD Board of Supervisors on ft dewCounty Counsel ATTESTED: If Count Administrator PHIL BATCH oR,Ckrk of the Board � County of SupsMwn and County Aftinbtratw TO: BOARD OF SUPERVISORS FROM: Supervisor Tom Torlakson Contra Costa DATE: May 1, 1990 (Amended May 8, 1990) Cp(rity SUBJECT: SETTING AND COMMITTING TO A TIMETABLE FOR THE CLOSURE OF THE GBF LANDFILL SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION 1. Request an immediate status report on the timetable for the closure of the GBF landfill site currently operating in Antioch. (Approved 5/1/90) 2. Issue Board commitment to a vigorous height enforcement and closure schedule. All possible efforts should be made to close the site by the end of 1990. 3. Request that a precise timetable, detailing the closure steps, be presented for adoption by the Board of Supervisors at its meeting of July 17 , 1990. 4. Urge the City of Antioch to accelerate its discussion with the owners of the GBF landfill operation regarding the details of the closure and the city' s host community mitigation concerns. 5. Request that the City of Antioch submit their host community mitigation request and closure recommendations at least by July 1, 1990, and give a progress report on the neogitations with the site operator. -. Pledge to give serious consideration and support for the closure plan and mitigation recommendations by the city. 6. Prepare monthly status reports for the Board of Supervisors. 7. Prepare a list of communities using the site in the past three years and projected to use it until closure. Develop an estimate of the tonnage contributed by each. 8. Develop a report on staffing to be assigned to both the closure and export efforts. This should specify the time allocated and the individual staff members assigned to each effort. 9. Request the communities using the GBF site to assist in every way possible in our efforts to achieve explore agreements. (continued) CONTINUED ON ATTACHMENT: YES SIGNATURE: /`� ' - jy✓ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) TION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HE CERTIFY THAT THIS IS A TRUE AYES: NOES: CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND E RED ON THE MINUTES OF THE BOARD OF SUPERVI S ON THE DATE SHOWN. CC: ATTESTED Phil Batchelor, Clerk o Board of Supervisors and County Admin r 2/7.83 BY DEPUTY CLOSURE OF GBF LANDFILL May 8 , 1990 Page TWO BACKGROUND INFORMATION: During the past several months, I have met with Antioch city officials, including Mayor Joel Keller and City Manager Lee Walton, on several occasions. On one occasion I also met with Councilmembers Barbara Price and Mary Rocha regarding this closure matter. While the county has proceeded with enforcement and closure steps, I believe a much more vigorous staff efforts needs to be brought forth to move through the closure steps and to accomplish necessary export agreements. Things have been moving much too slowly! All the cities of Antioch, Brentwood, Clayton, Concord, and Pittsburg need to be involved in both the closure process and the explore agreement negotiations. As I have stated previously, whatever closure costs or mitigation costs are not collected and banked between now and the end of the year can be collected through the transfer stations and spread to historic site users in a similar way that we have done at Acme. TT:gro Contra The Board of Supervisors Costa Health Services Department Tom Powers,1st District County Nancy C.Fanden,2nd District OFFICE OF THE DIRECTOR Robert I.Schroder,3rd District s i Surma Wright McPeak,4th District Mark FinUCane,Director Tom Torlakson,5th District = ' _ Administrative Offices n0 S 20 Allen Street County Administrator x�,- Martinez,California 94553 �.• ;� Phil Batchelor �osrd c6u i Pv May 8 1990 (415)646-4416 County Administrator y To: Phil Batchelor, County Administrator Nancy Fanden, Chairperson Board of Supervisors Members of the Board of Supervisors From: William B. Walker, M.D. Mar Finucane County Health Officer Director, Health Services Environmental Health Director Department Subj : Status of GBF and Pittsburg Landfills (Contra Costa Waste Service) During the calendar year 1989, the Local Enforcement Agency received information that indicated the operator of these solid waste facilities was exceeding the permitted limits, particularly with regard to elevations . On October 17, 1989, the operator was directed to submit an updated and certified topographical map to verify current elevations . The map was provided on December 1, 1989 and did, in fact, reveal that site elevations exceeded the elevations referenced in the operating permits . On December 8, 1989, the operator was formally notified that permitted elevations and daily tonnages were being exceeded. Staff subsequently met with the operator's representatives and reviewed these items . On February 27 , 1990, after consultation with State Solid Waste staff, a Notice and Order was transmitted to the operator. The Order required the operator to comply with the terms of the facility permits within 90 days of the issuance of the Notice and Order. The operator can petition the California Integrated Waste Management Board for forbearance from the Local Enforcement . Agency's Notice and Order within the 90 day period. If by the end of the 90 day period (May 27, 1990) , the operator has not either complied with the Notice and Order or appealed to the California Integrated Waste Management Board, we will pursue legal action. A-345 (11/87)