HomeMy WebLinkAboutMINUTES - 07101990 - H.8 TO: BOARD OF SUPERVISORS
FROM: HARVEY ,E. BRAGDONC<r1++
ra
DIRECTOR OF COMMUNITY DEVELOPMENT CJI -..L
DATE: July 7, 19 9 0 cour ty
SUBJECT: Development < Agreement Between Contra Costa County and Waste
Management of North America, Inc. Relative to the Development
Known As Marsh Canyon Sanitary Landfill (County File LUP 2010-90)
SPECIFIC REQUEST(S) OR RECOWENDATION(S ) & BACKGRCIUND AND JUSTIFICATION
RECOMMENDATION
1. Accept the Addendum to the Final EIR prepared for this
Development Agreement as being adequate.
2.. Adopt the Environmental Findings as prepared for this
Development Agreement as being adequate.
3. Find that the attached Development Agreement is consistent
with the County General Plan and Condition of Approval for
the development known as Land Use Permit 2010-90.
4. Should the Board of Supervisors approve the Development
Agreement:
a. Adopt the attached ordinance for Waste Management of
North America, Inc. relative to the development known
as Land Use Permit 2010-90.
b. Authorize the Director of Community Development to sign
and 'execute the agreement after it has been duly signed
by Waste Management of North America, Inc.
BACKGROUND/REASONS FOR RECOMMENDATIONS
This matter was heard by the Zoning Administrator on July 2 , 1990
where he closed the public hearing and continued the application
to July 3, 1990 for decision, with submittal of written comments
until 8:30 a.m. July 3, 1990. On July 3 , 1990 the Zoning
Administrator continued the application to July 6, 1990 for
decision with submittal of written comments until 5: 00 p.m. July
5, 1990.
On July 6, 1990 the Zoning Administrator recommended to the Board
of Supervisors that the Development Agreement was prepared
consistent with State Law and County Policy -Development Agreement
procedures and was adequate for the Board o S ervisors to make
a decision.
CONTINUED ON ATTACHMENT% __ YES SIGNATURE'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO04 NDA ION OF BO RO COMMITTEE
APPROVE OTHER
Harvey Bragdon, Director of Community Development Department,
reviewed the matter before the Board in some detail.
Supervisor Torlakson discussed with the Board and staff his
various concerns including issues related to mitigation measures
raised in a letter from the Sierra Club, particularly concerning State
and Federal agencies ' ability to add conditions when granting approval
of permits; whether public/private operation of the site would be
precluded under terms of the development agreement; and whether there
might be any subsequent risk to taxpayers or the County Budget if
through some legal process the site is stopped.
The Chair declared the hearing open, and the following appeared
to speak on the proposed development agreement:
Sanford Skaggs, attorney for Waste Management, Inc. , applicant,
urged approval of the Development Agreement.
Roy Hawes, Mayor of the City of Clayton, requested that the Board
give the proposed development agreement the same kind of treatment as
the Keller Landfill received, and defer the decision until the
election on the initiative takes place in November, and he indicated
that Mayor Palmer of Brentwood asked him to also speak for'her.
Jeanne Musto, Councilperson from the City of Clayton, requested
information with respect to the process of approving entitlements
prior to the outcome of the election.
Deborah Reames, Legal Defense Fund Attorney for the Sierra Club,
representing the Sierra Club and the Marsh Creek Association,
responded to comments made by Sanford Skaggs, to litigation
surrounding the project, and objected to the Board considering the
development agreement prior to the November election.
Mary Williams, 13950 Marsh Creek Road, Clayton, representing
Marsh Creek Association, expressed several concerns with the proposed
development agreement and discussed the efforts made by the people in
acquiring signatures to qualify for the November election.
Kevin Shea, 11500 Skyline Boulevard, Oakland, Chief of Land
Stewardship for the East Bay Regional Park District, urged continuance
of consideration of the development agreement, at least until all
agency approvals are secured, noting that Park District Board opposes
this project because of the strong likelihood that the project will
have serious impacts on Round Valley Regional Park and Morgan
Territory Regional Preserve.
Wilbert E. Cossel, 16711 Marsh Creek Road, #134, Clayton,
representing the Clayton Regency Residents Association, expressed the
fears and needs of the people in the Clayton Regency Mobile Home Park.
Jean Last, 7765 Lone Tree Way, Brentwood, representing Citizens
for Better Government, opposed the Marsh Creek project, and urged the
Board not to lose the confidence of the voters in the County.
Brian Kruse, 18201 Marsh Creek Road, Brentwood, representing
Marsh Creek Association, opposed the development agreement and
discussed the process of referendum and initiatives. He urged that
the development agreement be conditioned to the vote in November.
Dwaine Richardson, no address listed, opposed the Marsh Canyon
site.
Sandford Skaggs appeared in rebuttal and urged the Board to
approve the development agreement as soon as possible.
There being no further speakers, Supervisor Powers moved to close
the public hearing. The motion was seconded by Supervisor Schroder,
and passed unanimously.
The Board discussed the matter in some detail.
County Counsel clarified that, according to the ordinance before
the Board this day, the development agreement would become effective
the same day as the ordinance becomes effective.
Supervisor Fanden declared that she would be voting to delay the
decision on the development agreement, that she was not in support of
it until and unless it is put on tho. ballot and the public has the
opportunity to vote on it.
Supervisor Fanden moved to delay action on the development
agreement for two weeks.
Supervisor Schroder advised that he would second the motion and
would like to comment. He noted that the Board had been fairly
affirmative today in what they are doing in talking about proposals
and agreements and land use permits a hundred years into the future.
He noted that there were questions about provisions in the development
agreement including wording about the private/public use and
negotiations relative to that, and extending the 70 year agreement to
100 years, and that there might be some advantage to putting it over
for two weeks with the same intent of the Keller Canyon vote, which
was the intent to move. He also noted the need for the Board to give
the counties it is working with relative to export agreements an
indication of an affirmative position.
}
Members of the Board further discussed the matter.
Supervisor Torlakson urged voting against the motion to defer and
instead move ahead with the development agreement, and he thereupon}
moved a substitute motion to move forward with the development
agreement today, and to change the 70 years to 100 years. Supervisor
McPeak seconded the substitute motion. The vote on the substitute
motion was as follows:
AYES: Supervisors Powers, Schroder, McPeak and Torlakson
NOES: Supervisor Fanden
ABSENT: None
The Board thereupon adopted Ordinance No. 90-49 authorizing the
entering into of the Development Agreement between the County of
Contra Costa and Waste Management of North America, Inc.
SIGNATURE S :
ACTION OF BOARD ON % d Z 57 f" APPROVED AS RECOMMENDED -� OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
~— AYES: Z- ZII.1?L NOES: -:�Z7 AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: distribution via Community DevelopmeiftTTESTED
PHIL BAI CHE OR. CLERK OF THE BOARD OF
SUPER SORS AND COUNTY ADMINISTRATOR
BY C/ DEPUTY
M382 7-83
ORDINANCE NO. 90-
(Marsh Canyon Development Agreement)
The Contra Costa County Board of Supervisors ordains as follows :
,section I . The Board hereby finds that the provisions of
that certain Development Agreement between the County of Contra
Costa and Waste Management of North America, Inc. relating to
the Marsh Canyon Sanitary Landfill, .previously approved as Land
Use Permit 2010-90, a copy of which is on file with the Clerk
of the Board, and which has been recommended for approval by
the County Zoning Administrator, is consistent with the
County' s General Plan and conditions of approval for Land Use
Permit 2010-90 .
,Section II . The Board hereby approves, pursuant to the
authorization provided in sections 65864 gt sea. of the
Government Code of the State of California, the entering into
of the Development Agreement between the County of Contra Costa
and Waste Management of North America, Inc. relating to the
development of the Marsh Canyon Sanitary Landfill pursuant to
Land Use Permit 2010-90, subject to the review and approval of
the Community Development bepartment and County Counsel .
Section III . If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance is for
any reason held to be unconstitutional or invalid,- such a
decision shall not affect the validity of the remaining
portions of this ordinance. The Board hereby declares that it
would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance
irrespective of- the unconstitutionality or invalidity of any
section, subsection, subdivision, paragraph, sentence, clause
or phrase.
Section IV. EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days of passage shall be
published once with the names of supervisors voting for and
against it in the West County Times, Antioch Daily Ledger and
Contra Costa Times, newspapers published in this County.
PASSED on by the following votes .
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and ,County Administrator
BY:
Deputy Board Chair
J
RECORDING REQUESTED BY:
Sanford M. Skaggs
Michael H. Zischke
AND WHEN RECORDED MAIL TO:
Sanford M. Skaggs
Michael H . Zischke
McCutchen, Doyle, Brown & Enersen
P. 0. Box V
Walnut Creek, CA 94596-1270
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
COUNTY OF CONTRA COSTA AND
WASTE MANAGEMENT OF NORTH AMERICA, INC.
RELATIVE TO THE DEVELOPMENT KNOWN AS
THE MARSH CANYON SANITARY LANDFILL
TABLE OF CONTENTS
PPa e
RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 1 . General Provisions . . . . . . . . . . . . . 8
A. Incorporation of Recitals . . . . . . . . . . . 8
B . Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
C. Effective Date . . . . . . . . . . . . . . . . . . . . . . 8
D. Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
E. Conditions of Approval . . . . . . . . . . . . . . 9
F . Franchise Agreement . . . . . . . . . . . . . . . . . 9
G. Conflict . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
H. Amendment of Agreement . . . . . . . . . . . . . . 10
( 1) Due Process Exemptions . . . . . . . . . 10
(2) Amendment Exemptions . . . . . . . . . . . 11
I . Amendment of Project Approvals . . . . . . . 11
( 1) Administrative Amendments . . . . . . 11
(2) Non-Administrative
Amendments 12
Section 2 . General Development of the
Property . . . . . . . . . . . . . . . . . . . . . . . 12
A. Development and Control of
Development 12
B. Permitted Uses 12
C. Rules, Regulations and Official
Policies 16
( 1) Effective Standards . . . . . . . . . . . . 16
i
Paqe
(2) No Conflicting Enactments . . . . . . 17
(3) Initiatives and Moratoria 18
(4) State and Federal Laws . . . . . . . . . 19
D. Development Timing . . . . . . . . . . . . . . . . . . 20
E. Fees , Conditions and
Dedications 21
( 1) Processing Fees . . . . . . . . . . . . . . . . 21
(2) Police Power; Taxing Power . . . . . 21
(3) Environmental Mitigation . . . . . . . 22
F. Life of Subdivision Maps
and Permits . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 3 . Obligations and
Contributions by Developer . . . . . 23
Section 4 . Cooperation-Implementation . . . . . 24
A. Processing . . . . . . . . . . . . . . . . . . . . . . . . . . 24
B. Other Governmental Permits . . . . . . . . . . 26
C. Eminent Domain Powers . . . . . . . . . . . . . . . 27
Section 5 . Cooperation in the Event
of Legal Challenge . . . . . . . . . . . . . 27
Section 6 . Default; Remedies;
Termination . . . . . . . . . . . . . . . . . . . . 28
A. General Provisions . . . . . . . . . . . . . . . . . . 28
B. Annual Review . . . . . . . . . . . . . . . . . . . . . . . 29
C. Default by County . . . . . . . . . . . . . . . . . . . 31
D. Enforced Delay; . Extension of
Time of Performance . . . . . . . . . . . . . . . . . 31
E. Legal Action . . . . . . . . . . . 32
F. Construction of Agreement . . . . . . . . . . . 32
ii
Page
Section 7 . Hold Harmless Agreement . . . . . . . . 33
Section 8 . No Joint Venture or
Partnership 34
Section 9 . General . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 10 . Notices . . . . . . . . . . . . . . . . . . . . . . . . 36
Section 11 . Consent of Other Parties . . . . . . . 38
Section 12 . Assignment and Notice . . . . . . . . . . 38
Section 13 . Estoppel Certificate . . . . . . . . . . . 38
Section 14 . Counterparts and Exhibits . . . . . . 39
iii
DEVELOPMENT AGREEMENT BETWEEN THE
COUNTY OF CONTRA COSTA AND
WASTE MANAGEMENT OF NORTH AMERICA, INC.
RELATIVE TO THE DEVELOPMENT KNOWN AS
THE MARSH CANYON SANITARY LANDFILL
THIS DEVELOPMENT AGREEMENT (hereinafter this
"Agreement." ) is entered into this day of 1990 ,
by and between WASTE MANAGEMENT OF NORTH AMERICA, INC. ,
a corporation (hereinafter "Developer" ) , and
the COUNTY OF CONTRA COSTA, a political subdivision of the
State of California (hereinafter "County" ) , pursuant to
Sections 65864 et seq. of the California Government Code .
Developer and County are from time to time hereinafter referred
to individually as "party" and collectively as the "parties . "
RECITALS
A. This County has an extreme need for new landfill
capacity. The closure of the County' s three existing landfills
has begun, and the County has only short—term agreements with
neighboring jurisdictions for the export of solid waste . The
County may not be able to obtain continued or additional export
capacity, as shown by the City of San Jose' s rejection of an
export proposal . As part of its efforts to resolve the
critical need for new landfill capacity, this County has
previously approved the Marsh Canyon Sanitary Landfill .
1
B. The approval of a new landfill is complicated and
expensive, and requires approval from the County and several
other agencies . In order to obtain approvals from other
agencies such as the California Water Quality Resources Control
Board and the California Integrated Waste Management Board,
Developer must spend substantial sums of money and undertake
major efforts in preparing and processing necessary
applications and related materials . Because the County' s
export agreements are short term, and because some neighboring
jurisdictions refuse to accept exports of solid waste, it is
critical to expedite the process of obtaining all approvals for
the Marsh Canyon Sanitary Landfill . To expedite the process ,
the Developer must proceed with other applications and the
substantial expense of those applications prior to receiving
further County approvals required for development of the
landfill .
C. To strengthen the public planning process ,
encourage private participation in comprehensive planning and
reduce the economic risk of development , the Legislature of the
State of California adopted Sections 65864 et seq. of the
Government Code (the "Development Agreement Statute" ) , which
authorize the County to enter into an agreement for the
development of such property and establishing certain
development rights therein.
D. Developer has a legal or equitable interest in
the property which is the subject of this Agreement, which
2
property is described on Exhibit A attached hereto (the
"Project Site" ) .
E. Developer intends to develop and operate the
Project Site as a sanitary landfill together with accessory
buildings , landscaping, open space areas, and access roads and
other infrastructure and facilities for the landfill , together
with required off-site improvements (the "Project" ) .
F. The Project Site is designated in the County
General Plan for a sanitary landfill. The County has
previously approved a general plan amendment and a land use
permit for this Project . Pursuant to that general plan
amendment and land use permit, the Project will be developed as
a Class II landfill to provide landfill capacity for this
County for approximately the next 40 to 70 years .
G. In October 1989 , the County Board of Supervisors
(the "Board" ) approved a general plan amendment for the Project
(County File No . 4-89-CO) (the "General Plan Amendment" ) . The
General Plan Amendment was adopted following preparation and
certification of a program environmental impact report (the
"Program EIR" ) pursuant to the California Environmental Quality
Act ( "CEQA" ) . The County determined that the CEQA
documentation for the General Plan Amendment and the land use
permit should be prepared in tiers pursuant to CEQA' s
authorization of tiered environmental review. The first tier
was the Program EIR on the General Plan Amendment .
3
H. The second tier of environmental review was
preparation of an EIR for the Project . Pursuant to this EIR,
the County approved Land Use Permit 2010-90 (the "Land Use
Permit" ) . The County prepared an initial study dated April 6,
1989 . The initial study concluded that the Project may have a
significant effect on the environment and concluded that an EIR
was required. Accordingly, the County as lead agency
determined that an EIR was required for this Project and, on
April 13 , 1989 issued a notice of preparation to the State
Clearinghouse and to various public agencies , organizations and
individuals . The draft EIR was prepared, public comments were
received, and a final EIR including a response to comments was
prepared (the "Final EIR" ) . The County issued a notice of
completion on February 5 , 1990 .
I . On February 7 , 1990 , the County Zoning
Administrator adopted a resolution finding that the Final EIR
for this Project was prepared, processed and completed in
accordance with CEQA and the State and County CEQA guidelines ,
and finding that the Final EIR was adequate in its coverage of
environmental impacts , mitigation measures , alternatives , and
other environmental effects that could result from the
Project . In adopting this resolution, the Zoning Administrator
also transmitted the Final EIR to the County Board of
Supervisors with the recommendation that it be certified.
4
J. On February 7 , 1990 , the County Planning
Commission held a special meeting and public hearing on the
Land Use Permit . By a vote of 6 to 1 , the Planning Commission
recommended to the Board of Supervisors the approval of the
Land Use Permit .
K. On February 13 , 1990 , this Board held a public
hearing regarding certification of the Final EIR. On
February 13 , 1990 , this Board unanimously certified that the
Final EIR had been completed in compliance with CEQA. Also on
February 13 , 1990 , following the hearing on the Final EIR, this
Board held a public hearing on the Land Use Permit . On
March 13 , 1990 , this Board stated its intent to approve the
Land Use Permit and on March 20 , 1990 , this Board approved the
Land Use Permit subject to certain conditions of approval (the
"Conditions of Approval" ) . The Conditions of Approval are
attached to this Agreement as Exhibit B, and the term "Land Use
Permit" includes the Conditions of Approval .
L. The Conditions of Approval include a requirement
that the Developer submit a final development and improvements
plan (the "Final Development and Improvements Plan" ) to the
County Department of Community Development for approval . The
Conditions of Approval also specify that the Land Use Permit
shall not become operative until the County Board of
Supervisors approves a franchise or other agreement with
developer (the "Franchise Agreement" ) .
5
M. The General Plan Amendment and the Land Use
Permit are collectively referred to herein as the "Project
Approvals" . Copies of the General Plan Amendment and the Land
Use Permit are attached to this Agreement as Exhibit C. The
Final Development and Improvements Plan and the Franchise
Agreement are referred to in this Agreement as part of the
"Subsequent Approvals" to be granted for the Project pursuant
to Section 4 .A of this Agreement . The parties intend that,
once approved by the County, the Final Development and
Improvements Plan and the "Franchise Agreement" shall be
considered as part of the "Project Approvals" .
N. The Land Use Permit is consistent with the County
General Plan, and conforms with the applicable zoning.
0. On March 21 , 1990 , the County issued its Notice
of Determination for the Land Use Permit, and on March 22 ,
1990 , this Notice was filed and posted with the County Clerk .
P. On , 1990 , the County Zoning
Administrator , the County' s hearing body for purposes of
Development Agreement review pursuant to Government Code
Section 65867, following a duly noticed public hearing on the
subject, adopted Resolution No . , recommending that the
Board approve this Agreement . On 1990 ,
following a duly noticed public hearing, the Board adopted
Ordinance No . approving this Agreement, and found that ,
the provisions of this Agreement are consistent with the County
6
General Plan and authorized the execution of this Agreement . A
copy of Ordinance No . is attached hereto as Exhibit D.
Q. Development of the Project Site in accordance
with the Project Approvals and this Agreement will provide for
orderly development of the Project consistent with the goals ,
policies , and other provisions of the County General Plan.
R. This Agreement will eliminate uncertainty in
planning and provide for the orderly development of the Project
and the Project Site, insure progressive installation of
necessary improvements , provide for preservation of substantial
permanent open space, provide funding for public improvements ,
services and amenities appropriate to the development of the
Project, ensure attainment of the maximum effective utilization
,of resources within the County at the least economic cost to
its citizens, and otherwise achieve the goals and purposes for
which the Development Agreement Statute was enacted. In
exchange for these benefits to the County, together with the
public benefits that will result from the development of the
Project and Project Site, Developer desires to receive the
assurance that it may proceed with the Project in accordance
with the Project Approvals and this Agreement .
NOW, THEREFORE, in consideration of the premises ,
covenants and provisions set forth herein, the parties agree as
follows :
7
AGREEMENT
Section 1 . General Provisions .
A. Incorporation of Recitals . The Recitals set
forth above, and all defined terms set forth in such Recitals
and in the introductory paragraph preceding the Recitals , are
hereby incorporated into this Agreement as if set forth herein
in full .
B. Covenants . The provisions of this Agreement
shall constitute covenants or servitudes which shall run with
the land comprising the Project Site and the burdens and
benefits hereof shall bind and inure to all estates and
interests in the Project Site and all successors in interest to
the Developer .
C. Effective Date . This Agreement shall be
effective as of the date of adoption by the Board of the
ordinance approving this Agreement .
D. Term. The term of this Agreement shall commence
upon the Effective Date and shall extend until "Project
Build-Out" as hereinafter defined, unless said term is
otherwise extended by circumstances set forth in this Agreement
or by the mutual consent of the parties, and provided that the
terms of this Agreement shall not in any event exceed seventy
(70) years . For purposes of this Agreement, "Project
Build-Out" shall mean the date on which the Landfill is filled
to its capacity pursuant to the Project Approvals , including
the Conditions of Approval . Following the expiration of said
8
term, this Agreement shall be deemed terminated and of no
further force and effect; provided, however , such termination
shall not affect any common law vested rights or other rights
of Developer arising from County entitlements for the Project
which were approved prior to, concurrently with or subsequent
to the approval of this Agreement .
E. Conditions of Approval . Developer acknowledges
and agrees that all of the terms and conditions of the
Conditions of Approval are reasonable, legal and valid and that
Developer is barred from any action or proceeding or any
defense of invalidity or unreasonableness of said Conditions of
Approval and related County decisions . Further , Developer
agrees during the period( s) that the Land Use Permit (and its
Conditions of Approval ) and this Agreement are in effect ,
Developer will not attack or otherwise assail the
reasonableness, legality or validity of any terms and
conditions of said documents, or of any provisions required to
be included in the Franchise Agreement by the Conditions of
Approval . The parties acknowledge that the agreement by
Developer in this section is a material consideration for
County' s approval of this Agreement .
F. Franchise Agreement . Developer acknowledges and
agrees that the Conditions of Approval ( including
sections 11 . 10, 12, and 13 of the Conditions of Approval)
provide for and allow ( among other things) funding for
mitigation, provision of closure and post-closure costs , rate
review and regulation, payment to County of annual franchise
revenue fees, and otherwise payment to County and reimbursement
9
of County costs for its governmental administration of the
project entitlements . The parties agree that this Agreement is
not the "Franchise or Agreement" referred to in sections 4 . 2,
11 . 10 and 13 of the Conditions of Approval .
G. Conflict . This Agreement is intended to
implement the Prior Approvals, including the Conditions of
Approval . In the case of any conflict between the provisions
of this Agreement and the provisions of the Conditions of
Approval and appropriate provisions of the Franchise Agreement ,
the provisions of said Conditions, and/or Franchise Agreement
shall control .
H. Amendment of Agreement . This Agreement may be
amended from time to time by mutual consent of the parties or
their successors in interest, in accordance with the provisions
of California Government Code Sections 65867 and 65868 ,
provided that :
( 1) Due Process Exemptions . Any amendment to
this Agreement which does not relate to the term, permitted
uses , provisions for reservation and dedication of land, or
conditions, terms, restrictions and requirements relating to
subsequent discretionary actions , monetary contributions by
Developer or any conditions or covenants relating to the use of
the Project Site shall not require notice or public hearing
(unless the County Director or Community Development deems such
to be appropriate) before the parties may execute an amendment
hereto; and
10
(2) Amendment Exemptions . Any amendment of the
Project Approvals by the Developer, the Director of the County
Department of Community Development, or the County, whichever
is applicable, pursuant to Section 1 .F . below shall not require
an amendment to this Agreement . Instead, any such amendment
shall be deemed to be incorporated into this Agreement at the
time that such amendment is approved as provided in this
Agreement.'
I . Amendment of Project Approvals . The Project
Approvals may, from time to time, be amended or modified in the
following manner :
( 1 ) Administrative Amendments . Upon the written
request of Developer for a minor amendment, alteration or
modification ( "amendment" ) to the Project Approvals including
without limitation, (a) the location of buildings, streets and
roadways and other physical facilities, or (b) the
configuration of the parcels, lots or development areas , the
Director of the County Department of Community Development
shall determine whether the requested amendment is minor and
whether the requested amendment is consistent with this
Agreement, the General Plan, and applicable provisions of the
County zoning, subdivision and other regulations in effect as
of the Effective Date. For purposes of this Agreement, the
determination whether such an amendment is minor shall refer to
whether the amendment is minor in the context of the overall
Project . If the Community Development Director finds that the
11
amendment is both minor and consistent with this Agreement , the
General Plan, and the applicable provisions of the County
zoning, subdivision and other regulations, the Community
Development Director may (but is not. required to) approve the
proposed amendment without notice and public hearing. For
purposes of this Agreement and notwithstanding any County
ordinance, resolution or other regulation to the contrary, site
plan review, variations in the location of easements on the
Project Site, minor alterations to the general configuration of
the Project, lot line adjustments , the substitution of
comparable landscaping for any landscaping required in the
Project Approvals or any subsequent site plan, variations in
the location of particular features of the Project which do not
substantially alter the design of the Project, and variations
in the location or installation of utilities, roadways, and
other infrastructure connections and facilities which do not
substantially alter the Project Approvals or design of the
Project shall be deemed minor amendments .
(2) Non-Administrative Amendments . Except as
provided in ( 1) above, the amendment, alteration or
modification of the Project Approvals shall be subject to the
applicable substantive and procedural provisions of the Project
Approvals and the County' s zoning, subdivision and other
applicable regulations in effect on the Effective Date.
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Section 2 . General Development of the Property.
A. Development and Control of Development .
Developer shall have the vested right to develop the Project
Site and to develop the Project in accordance with the laws,
regulations and policies of the County and other applicable
governmental authorities in effect as of March 20 , 1990 , the
date the Land Use Permit (Land Use Permit 2010-90) was
approved, '(the "Applicable Regulations" ) and in accordance with
the terms and conditions of this Agreement, the Project
Approvals, the Conditions of Approval and such amendments
thereto as shall , from time to time, be approved pursuant to
this Agreement .
B. Permitted Uses . The permitted uses of the
Project Site, the intensity of use, the maximum height and size
of any structures, provisions for reservation or dedication of
land for public purposes and location of public improvements,
location of public utilities and other terms and conditions of
development applicable to the Project and Project Site, shall
be those set forth in the Project Approvals attached as
Exhibit C to this Agreement , including the Conditions of
Approval attached as Exhibit B to this Agreement . For purposes
of determining the permitted uses and other specifications
applicable to the Project and the Project Site, the schematic
plans included in Developer ' s December 1989 report entitled
"Marsh Canyon Landfill Project Description (Volume I and
II)/Design Drawings" , which plans are incorporated into the
13
Conditions of Approval as the Initial Development and
Improvements Plan, are considered as a part of the "Project
Approvals" , and such plans are incorporated into this Agreement
by this reference as if set forth herein in full . A complete
copy of these plans is a public record available for review in
the County Department of Community Development (County File No .
LUP 2010-90) .
Without limiting the foregoing general statement of
permitted uses and other specifications , the following
specifications shall apply to the Project and the Project Site:
( 1) the permitted uses of the Project Site shall
be a Class II sanitary landfill , together with accessory
buildings, landscaping, open space areas , and access roads and
other infrastructure and facilities for the landfill ;
(2) the density or intensity of use of the
Project Site shall be the development of the landfill to the
degree specified in the Conditions of Approval (including the
Initial Development and Improvements Plan) ;
(3) the existing Foskett residence shall be used
as the administration building, and the maximum height and size
of the administration building shown on the Initial Development
and Improvements Plan shall be the height and size of the
existing Foskett residence plus 2 . 5% for possible remodelling,
as shown in the Initial Development and Improvements Plan) ;
(4) the maximum height and size of other
accessory buildings on the Project Site shall be as specified
14
and illustrated in the Conditions of Approval ( including the
Initial Development and Improvements Plan) ; and
( 5) the provisions for reservation or dedication
of land for public use shall be the Conditions of Approval
providing for such public use, including without limitation
Conditions of Approval 22 . 12, 29 . 13 , and 35 . 1 .b.
The County is bound to permit the uses on the Project
Site which are permitted by this Agreement and the Project
Approvals . The County agrees to implement the Project
Approvals , and to grant the Subsequent Approvals and take such
other actions as are necessary to carry out the intent of this
Agreement, including without limitation the approval of the
Final Development and Improvements Plan for the Project, a
Franchise Agreement for the Project, grading and improvement
plans and permits , building permits, any necessary lot line
adjustments, any necessary or desirable subdivision maps , other
public improvement plans and permits , and certificates of
compliance or certificates of completion reasonably necessary
or desirable to accomplish the goals , objectives, policies and
plans shown and described in the Project Approvals and this
Agreement . Notwithstanding the foregoing: ( i) the County may
determine the content of the Subsequent Approvals and other
actions taken by the County pursuant to this Agreement ,
provided that the content of such Subsequent Approvals and
other actions shall be consistent with the development of the
Project and with this Agreement, and shall allow development of
15
• the Project Site for the uses and to the density and intensity
development set forth in this Agreement; and ( ii) the County
shall provide adequate notice and hearing when applicable, and
comply with other procedural requirements of law, relating to
Subsequent Approvals .
The County further agrees to grant and implement all
subsequent project applications related to clearing of the
Project Site, grading of the Project Site, construction of
roads , sewer facilities , and other utility facilities and
connections , and construction of a sanitary landfill and
related structures and improvements all pursuant to the Project
Approvals .
The Subsequent Approvals shall be granted and approved
by County on a timely basis, provided applications for such
approvals are submitted to County during the term of this
Agreement, Developer is not in default of the terms and
conditions of this Agreement and such applications and
enactments comply with all Applicable Regulations . Developer ' s
failure to develop the Project Site shall not result in
liability of Developer except as provided for in this Agreement .
C. Rules , Regulations and Official Policies .
( 1) Effective Standards . Except as otherwise
provided in this Agreement, the rules, regulations , official
policies and conditions governing permitted uses of the Project
and Project Site, timing or implementation of the Project and
Project Site, development , intensity of use, design,
16
improvement, construction and building standards, occupancy and
specifications applicable to the Project and Project Site and
all on-site and off-site improvements and appurtenances in
connection therewith, shall be those rules, regulations,
official policies set forth in the Project Approvals , this
Agreement and those in force upon the Effective Date of this
Agreement .
(2) No Conflicting Enactments . Neither the
County nor any agency of County shall enact an ordinance,
resolution, or other measure which relates to the rate, timing
or sequencing of the development or construction of the Project
on all or any part of the Project Site, which is in conflict
with this Agreement, which renders non-conforming the uses
allowed by the Project Approvals and by this Agreement, or
which reduces development rights provided by this Agreement .
Without limiting the foregoing general statement, and for all
purposes pursuant to this Agreement generally, and this
Section 2 .0 specifically, an ordinance, resolution or other
measure shall be deemed to conflict with this Agreement if the
ordinance, resolution, or measure seeks to accomplish any one
or more of the following results, either with specific
reference to the Project or Project Site, or as part of a
general enactment which applies to the Project or Project Site:
(a) limiting or reducing the coverage or
intensity of the Project or any part of the Project, or
otherwise requiring any reduction in the square footage or
17
space available for a landfill pursuant to the Project
Approvals;
(b) limiting the timing or phasing of the
Project in any manner;
(c) limiting the location of landfill
operations , grading, or other improvements of the Project on
the Project Site in a manner which is inconsistent with or more
restrictive than the limitations included in the Project
Approvals and this Agreement; or
(d) applying to the Project or the Project
.Site any law, regulation, or rule otherwise allowed by this
Agreement which is not uniformly applied on a County-wide basis
( in unincorporated areas of the County) to all substantially
similar types of development projects .
(3) Initiatives and Moratoria. In the event an
ordinance, resolution or other measure is enacted, whether by
action of the County, by initiative, referendum, or otherwise,
which relates to the rate, timing or sequencing of the
development or construction of the Project on all or any part
of the Project Site, or renders non-conforming the uses allowed
by the Project Approvals and by this Agreement, County agrees
that such ordinance, resolution or other measure shall not
apply to the Project, the Project Site, the Project Approvals
or this Agreement . Without limiting the foregoing, County
agrees that no moratorium or other limitation (whether relating
to the rate, timing or sequencing thereof) affecting
18
subdivision maps , building permits or other entitlements to use
which are approved or to be approved, issued or granted within
the County, or portions of the County, shall apply to the
Project, the Project Site, the Project Approvals or this
Agreement . To the maximum extent permitted 'by law, County
agrees to use its best efforts to prevent any such ordinance,
measure, moratorium or other limitation from invalidating or
prevailing over all or any part of this Agreement, and County
agrees to cooperate with Developer in a reasonable manner in
order to keep this Agreement in full force and effect . Except
to take those actions required by law, County shall not support
or adopt any initiative, referendum, moratorium, ordinance, or
policy, or take any other action, if such support, adoption, or
other action would violate the intent of this Agreement .
Developer reserves the right to challenge any such ordinance or
other measure in a court of law should it become necessary to
protect the development rights vested in the Project Site and
the Project pursuant to this Agreement .
Nothing in this Section 2 .0 limits the actions which
any County officer or employee may take in their individual
capacities .
(4) State and Federal Laws . As provided in
California Government Code Section 65869 . 5 , and notwithstanding
any other provision of this Agreement, this Agreement shall not
preclude the application to the Project or Project Site of
changes in County laws, regulations , fees, plans or policies ,
19
to the extent that such changes in County laws, regulations ,
fees, plans, or policies are specifically mandated and required
to be applied to matters such as this Project or Project Site
by changes in state or federal laws or regulations . In the
event such changes in state or federal laws prevent or preclude
compliance with one or more provisions of this Agreement , or
require a change in this Agreement, County and Developer shall
take such action as may be required by law or pursuant to
Section 6 .D (Enforced Delay; Extension of Time of Performance)
and Section 4 (Cooperation-Implementation) of this Agreement .
D. Development Timing. There is no requirement
under this Agreement that Developer must initiate or complete
development of any particular phase of the Project within any
period of time to be set by the County, except to the extent
that any such statement is made explicitly in the Project
Approvals or the Conditions of Approval , as they may be
amended. It is the intention of the parties hereto that
Developer will be able to develop in accordance with the
Developer ' s own time schedule as such schedule may exist from .
time to time, provided that such schedule is consistent with
the Project Approvals and the Conditions of Approval , and that
Developer may determine which part of the Project and Project
Site shall be developed during each phase of the Project . The
County agrees to approve any enactments necessary for
development of any phases of the Project and Project Site, upon
the request of Developer .
20
E. Fees , Conditions and Dedications . Developer
shall make only those dedications and pay only those fees
expressly prescribed in the Project Approvals ( including the
Franchise Agreement) and this Agreement and subject to the
following terms and conditions :
(1) Processing Fees . The County may charge
processing (ministerial) fees for land use approvals , building
permits and other similar permits and entitlements which are in
force and effect on a County-wide basis at the time application
is submitted for those permits, except as provided in this
Agreement to the contrary. Such fees and charges shall not be
increased, nor new fees added with respect to the development
of the Project and Project Site, except that the County may
increase those fees and charges based on any increase in the
estimated reasonable cost to the County for performing the work
for which the particular fee or charge is paid, by an amount
which will compensate the County for the estimated reasonable
cost and increases incurred, as permitted pursuant to California
Government Code Section 54990 .
(2) Police Power; Taxing Power . The County shall
not impose or enact any additional conditions, exactions ,
dedications , fees or regulations through the exercise of either
the police power or the taxing power related to the development
of the Project or Project Site except as provided in the Project
Approvals ( including the Conditions of Approval) , in the
Franchise Agreement, or in this Agreement . Except for Franchise
21
Agreement fees, the conditions, exactions, dedications, fees or
regulations applicable to the Project and Project Site, as
provided in the Project Approvals , or as provided in this
Agreement, shall not be subject to modification or renegotiation
by County as a result of an approved amendment, alteration or
modification to the Project Approvals or this Agreement .
Nothing in this Agreement shall prohibit County from exercising
its taxing power , provided there is no new fee or tax, nor any
increase of fees or taxes levied solely on the development of
the Project or Project Site, except with respect to processing
fees as set forth in Section 2 .E. 1 .
(3) Environmental Mitigation. The County by
approving this Agreement is granting to Developer a vested right
to develop the Project pursuant to this Agreement and the
Project Approvals, as they may be amended from time to time
pursuant to this Agreement . Pursuant to California Government
Code Section 65866, the rules, regulations and policies
applicable to the Project shall be those rules , regulations , and
policies in force on the Effective Date of this Agreement .
Without limiting the foregoing, and to the maximum extent
allowed by law, the County shall not impose any environmental
mitigation measures beyond those set forth or referenced in the
Project Approvals . Where applicable, and to the maximum extent
allowed by law, the County will --reject such additional
mitigation measures as infeasible on the basis , among other
things, that California Government Code Section 65866 bars
22
implementation of additional mitigation measures, and that this
Agreement provides for specific economic, social and other
community benefits which outweigh and make unfeasible any such
additional mitigation measures or alternatives pursuant to CEQA
and the CEQA Guidelines .
F. Life of Subdivision Maps and Permits .
Pursuant to California Government Code
Section 66452 . 6(a) , the term of
(a) any tentative map, parcel map, vesting
tentative map, or vesting parcel map which
may be adopted for the Project Site;
(b) any amendment or alteration
(reconfiguration) of any such map ( including
any lot line adjustment or merger of lots
within such a map) ; or
(c) any other map for any part of the
Project Site filed prior to the termination
of this Agreement
shall automatically be extended for the term of this
Agreement . The term of any planned development permit, final
development plan, or other permit for the general development
of the Project, including the Final Development and
Improvements Plan, shall automatically be extended for a term
equal to the term of this Agreement . The term of the Franchise
Agreement shall automatically be continued for a term equal to
the term of this Agreement, except to the extent that the terms
of the Franchise Agreement explicitly state otherwise.
Section 3 . Obligations and Contributions by
Developer . In consideration of the County entering into this
23
Agreement, Developer agrees that it will comply with all the
Project Approvals , and that it will apply for and process
applications required from other agencies for the development
of the Project ( including prompt submission of applications to
the State Water Quality Resources Control Board, the California
Integrated Waste Management Board, and the Bay Area Air Quality
Management District) as expeditiously as reasonably possible.
County acknowledges that Developer ' s agreement to proceed with
these applications and expend the substantial funds necessary
to do so is a material consideration for County' s execution of
this Agreement .
Section 4 . Cooperation-Implementation.
A. Processing. By approving this Agreement , the
Board of Supervisors instructs the Community Development
Department, the Public Works Department, the Zoning
Administrator, the Planning Commission, and all other agencies
of the County which are affected or may be affected to expedite
processing of any and all approvals necessary for Developer to
obtain all necessary permits to begin and complete Project and
Project Site development and construction. If necessary or
required, upon satisfactory completion by Developer of all
required preliminary actions and payments of appropriate
processing fees, if any, County shall promptly commence and
diligently proceed to complete Iall steps required or necessary
for the implementation of this Agreement and the development by
Developer of the Project and Project Site in accordance with
24
the Project Approvals and Applicable Regulations including, but
not limited to, the following:
( 1) Scheduling, convening and concluding all
required public hearings in a timely manner consistent with
applicable laws and regulations in force as of the Effective
Date.
(2) Processing, deciding and approving (where
appropriate) in a timely manner of a Final Development and
Improvements Plan, a Franchise Agreement, all site plans ,
building plans and specifications and other plans relating to
the development of the Project and Project Site filed by
Developer and consistent with this Agreement , including without
limitation, any subdivision or parcel map, amendments to maps,
reconfiguration of any lots, easement connections , subdivision
improvement agreements, lot line adjustments, encroachments,
grading plans and permits, soils reports, building permits and
any other action, approval or entitlement necessary or
desirable to the completion of the development of all lots and
parcels and construction of all accessory buildings and
structures comprising the Project and Project Site (the
"Subsequent Approvals" ) .
Developer will , in a timely manner, provide County
with all documents, applications, plans and other information
necessary for the County to carry out its obligations hereunder
and cause Developer ' s planners, engineers, and all other
consultants to submit in a timely manner all required materials
25
and documents therefor . It is the express intent of Developer
and County to cooperate and diligently work to implement the
Subsequent Approvals which are necessary or desirable in
connection with the development and construction of the Project
and Project Site in substantial conformance with the Project
Approvals and this Agreement, as they may be amended from time
to time pursuant to the terms of this Agreement . For purposes
of this Agreement, each of the Franchise Agreement and the
Final Development and Improvements Plan shall , when each is
approved by the County, be considered as "Project Approvals . "
Nothing herein limits the actions which any County officer or
employee may take in their individual capacities .
B. Other Governmental Permits . In addition,
Developer shall apply in a timely manner for such other permits
and approvals as may be required by other governmental or
quasi-governmental agencies having jurisdiction over the
Project and Project Site in connection with the development of ,
or provision of services to, the Project and Project Site.
County shall cooperate with Developer in its efforts to obtain
such permits and approvals and shall , from time to time at the
request of Developer , attempt with due diligence and in good
faith to enter into binding agreements with any such entity
necessary to assure the availability of such permits and
approvals or services, provided - such agreements are reasonable
and not detrimental to County and do not require the County to
bear any costs .
26
l
• C. Eminent Domain Powers . County shall cooperate
with Developer in implementing all of the conditions of the
Project Approvals , including, without limitation, the use by
the County of its eminent domain powers to facilitate the
implementation of the Project Approvals, provided that the
County in its independent exercise of judgment following all
applicable procedures shall have made the requisite findings
properly supported by evidence that the use of such eminent
domain power is necessary and proper .
Section 5 . Cooperation in the Event of Legal
Challenge. In the event of any legal or equitable action or
other proceeding instituted by any third party ( including a
governmental entity or official) challenging the validity of
any provision of this Agreement, the Project Approvals or the
Subsequent Approvals , the parties hereby agree to cooperate in
defending said action or proceeding. In the event County and
Developer are unable to select mutually agreeable legal counsel
to defend such action or proceeding, each party may select its
own legal counsel at each party' s expense. In no event shall
the County be required to bear the cost of such defense(s)
(except for the costs of the County' s own attorneys) , and
Developer shall save and hold County harmless from claims or
awards for third party attorneys ' fees and costs .
If any third party legal or equitable action or other
proceeding is instituted to challenge the Project Approvals ,
and one or more of the Project Approvals are set aside or
27
otherwise made ineffective by any judgment in such action, the
parties shall cooperate to cure any procedural or substantive
deficiencies in the Project Approvals and in documents or plans
related to the Project Approvals and to readopt or reenact such
Project Approvals following such cure of procedural or
substantive deficiencies .
Section 6 . Default; Remedies; Termination.
A. General Provisions . Failure or unreasonable delay
by either party to perform any term or provision of this
Agreement for a period of ninety (90) days after written notice
thereof from the other party shall constitute a default under
this Agreement, subject to extensions of time by mutual consent
in writing. Said notice shall specify the nature of the alleged
default and the manner in which said default may be
satisfactorily cured. If the nature of the alleged default is
such that it cannot reasonably be cured within such 30-day
period, the commencement of the cure within such time period and
the diligent prosecution to completion of the cure shall be
deemed a cure within such period.
Subject to the foregoing, after notice and expiration
of the 90-day period without cure, the other party to this
Agreement, at its option, may institute legal proceedings
pursuant to this Agreement and/or give notice of intent to
terminate the Agreement pursuant to California Government Code
Section 65868 . Following such notice of intent to terminate,
the matter shall be scheduled for consideration and review by
28
the County Board of Supervisors within sixty (60) calendar days
in the manner set forth in California Government Code
Sections 65867 and 65868 .
Following consideration of the evidence presented in
said review before the Board of Supervisors, and a determination
by the Board of Supervisors based thereon, the party alleging
the default by the other party may give written notice of
termination of this Agreement to the other party.
Evidence of default may also arise in the course of the
regularly scheduled annual review of this Agreement as described
in Section 6 .B below, and any such default shall be subject to
the provisions of this Section 6 .A, in addition to the
provisions of Section 6 .B, below.
B. Annual Review. Each year during the term of this
Agreement, beginning in 1991 , the County shall review the extent
of good faith compliance by Developer with the terms of this
Agreement . This review shall be conducted by the County Zoning
Administrator pursuant to California Government Code
Section 65865 . 1 .
During this review, Developer shall be required to
demonstrate good faith compliance with the terms of this
Agreement . At the conclusion of this review, the County Zoning
Administrator shall make written findings and determinations , on
the basis of substantial evidence, whether or not Developer or
its successor in interest has complied in good faith with the
terms and conditions of this Agreement . The decision of the
29
County Zoning Administrator shall be appealable directly to the
County Board of Supervisors , and any appeal shall otherwise be
governed by the provisions of Article 26-2 . 24 of the Contra
Costa County Code . If the Zoning Administrator finds and
determines that Developer has not complied with such terms and
conditions, the Zoning Administrator may recommend to the Board
of Supervisors that it terminate or modify this Agreement by
giving notice of its intention to do so in the manner set forth
in California Government Code Sections 65867 and 65868 . The
reasonable costs incurred by County in connection with the
herein described annual review process shall be borne by
Developer .
In the manner prescribed in Section 10 of this
Agreement , the County shall deposit in the mail to Developer a
copy of any public staff reports and documents to be used or
relied upon in conducting the review and, to the extent
practical , related exhibits concerning Developer ' s performance
hereunder, at least ten ( 10) days prior to any such periodic
review. Developer shall be permitted an opportunity to respond
to the County' s evaluation of its performance, either orally at
a public hearing or in a written statement, at Developer ' s
election. Such response shall be made to the County Zoning
Administrator .
In the event the County fails to either ( 1) conduct the
annual review or (2) notify Developer in writing (following the
time during which the review is to be conducted) of the County' s
30
determination as to compliance or noncompliance with the terms
of this Agreement and such failure remains uncured as of
December 31 of any year during the term of this Agreement, such
failure shall be deemed an approval by County of Developer ' s
compliance with the terms of this Agreement .
With respect to each year for which an annual review of
compliance with this Agreement is conducted, and with respect to
each year in which the County finds the Developer in compliance
or is deemed to approve of Developer ' s compliance with this
Agreement pursuant to the preceding paragraph, the County, upon
request of Developer, shall provide Developer with a written
notice of compliance, in recordable form, duly executed and
acknowledged by the County. Developer shall have the right, in
Developer ' s sole discretion, to record this notice of compliance .
C. Default by County. In the event County does not
accept, review, approve, decide or issue necessary development
permits, entitlements, or other land use or building approvals,
if any, for use in a timely fashion as provided in this
Agreement, or as otherwise agreed to by the parties , or the
County otherwise defaults under the terms of this Agreement,
Developer shall have all rights and remedies provided herein or
under applicable law, including without limitation the right to
seek specific performance by the County. But in no event shall
Developer have any right to monetary damages .
D. Enforced Delay; Extension of Time of Performance.
In addition to specific provisions of this Agreement,
31
performance by either party hereunder shall not be deemed to be
in default where delays or defaults are due to war,
insurrection, strikes , walk-outs , riots , floods, earthquakes ,
fires, casualties , acts of God, governmental restrictions
imposed or mandated by other governmental entities, enactment of
conflicting state or federal laws or regulations , judicial
decisions, or any similar basis for excused performance which is
not within the reasonable control of the party to be excused.
Litigation attacking the validity of this Agreement, any of the
Project Approvals , or any permit, ordinance, entitlement or
other action of a governmental agency necessary for the
development of the Project pursuant to this Agreement shall be
deemed to create an excusable delay as to Developer . Upon the
request of either party hereto, an extension of time for such
cause will be granted in writing for the period of the enforced
delay, or longer as may be mutually agreed upon.
E. Legal Action. Either party may, in addition to
any other rights or remedies, institute legal action to cure,
correct or remedy any default, enforce any covenant or agreement
herein, enjoin any threatened or attempted violation or enforce
by specific performance the obligations and rights of the
parties hereto . In such event, the prevailing party shall not
be entitled to its attorneys ' fees and costs, if any.
F. Construction of Agreement . This Agreement shall
be construed and enforced in accordance -with the laws of the
State of California.
32
Section 7 . Hold Harmless Provisions . Developer shall
defend, hold harmless and indemnify the indemnitee (the County,
and its special districts; its elective and appointive boards
and, commissions ' and its officers, agents and employees) as
follows :
A. The liabilities protected against are any
liability or claim for damage of any kind allegedly suffered,
incurred or threatened because of actions defined below, and
including personal injury, death, property damage, inverse
condemnation, or any combination of these, and regardless of
whether or not such liability, claim or damage was unforeseeable
at any time before the County reviewed any Project plans or
accepted the work as complete, and including the defense of any
suits , actions or other proceedings concerning said liabilities
and claims .
B. The actions causing liability are any act or
omission (negligent or non-negligent) in connection with the
matters covered by this Agreement and attributable to the
Developer , contractor, subcontractor or any officer , agent or
employee of one or more of them.
C. The promise and agreement in this Section 7 are
not conditioned or dependent on whether or not : (a) the
indemnitee has prepared, supplied, or reviewed any plan(s) or
specification(s) in connection with this Project; or (b) has
insurance or other indemnification covering any of these
33
matters; or (c) the alleged damage resulted partly from
negligent or willful misconduct of any party.
Section 8 . No Joint Venture or Partnership. County
and Developer hereby renounce the existence of any form of joint
venture or partnership between the County and Developer and
agree that nothing contained herein or in any document executed
in connection herewith shall be construed as making County and
Developer joint venturers or partners .
Section 9 . General .
A. Unless this Agreement is amended or terminated
pursuant to its provisions , this Agreement shall be enforceable
by any party hereto notwithstanding any change hereafter enacted
or adopted (whether by ordinance, resolution, initiative, or any
other means) in any applicable General Plan, Specific Plan,
zoning ordinance, subdivision ordinance or any other ordinances
or building ordinances, resolutions or other rules , regulations
or policies of the County which change purports to change, alter
or amend the Applicable Regulations governing development of the
Project and the Project Site as provided by California
Government Code Section 65866 . This Agreement shall not prevent
the County in subsequent actions applicable to the Project or
Project Site from applying new rules , regulations or policies
which do not directly or indirectly conflict with the Applicable
Regulations .
B. County hereby finds and determines that execution
of this Agreement furthers public health, safety, and general
34
welfare and the provisions of this Agreement are consistent with
the General Plan. In adopting the ordinance approving this
Agreement and in adopting the Project Approvals, the Board found
that the Project, Project Site, Project Approvals and this
Agreement are consistent with the General Plan. Those findings
are attached as exhibits to the ordinance approving this
Agreement and to the Project Approvals , respectively and are
public records available for review in the County Community
Development Agreement (County Files No . GPA 4-89-CO and No . LUP
2010-90) . Those findings are incorporated into this Agreement
by this reference as if set forth herein in full .
C. If any term, provision, covenant or condition
( "provision" ) of this Agreement or the application of any
provision of this Agreement to a particular situation is held by
a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement, or
the application of this Agreement to other situations , shall
continue in full force and effect . Notwithstanding any other
provision of this Agreement, if any material provision of this
Agreement in itself or as applied in any particular situation is
held to be invalid, void or unenforceable, Developer may, in
Developer ' s sole and absolute discretion, terminate this
Agreement by providing written notice of such termination to the
County.
D . Each party shall execute and deliver to the other
all such other further instruments and documents as may be
35
reasonably necessary to carry out this Agreement in order to
provide and secure to the other party the full and complete
enjoyment of its rights and privileges hereunder .
E. Each reference in this Agreement to this
Agreement, to the Project Approvals or to the Subsequent
Approvals shall be deemed to refer to the named document, plan
or approval as such document, plan or approval may be amended
from time to time, whether or not the particular reference
refers to such possible amendment .
F. This Agreement has been reviewed and revised by
legal counsel for both Developer and County, and no presumption
or rule that ambiguities shall be construed against the drafting
party shall apply to the interpretation or enforcement of this
Agreement .
Section 10 . Notices . Any notice or communication
required hereunder between County or Developer must be in
writing, and may be given either personally, by telecopy
facsimile transmission (followed immediately by depositing an
original copy in the mail ) or by registered or certified mail ,
return receipt requested. If given by registered or certified
mail , the same shall be deemed to have been given and received
on the first to occur of ( i) actual receipt by any of the
addressees designated below as the party to whom notices are to
be sent, or ( ii) five (5) days after a registered or certified
letter containing such notice, properly addressed, with postage
prepaid, is deposited in the United States mail . If personally
36
delivered or transmitted by telecopy, a notice shall be deemed
to have been given when delivered or transmitted to the party to
whom it is addressed. Any party hereto may at any time, by
giving ten ( 10) days ' written notice to the other party hereto,
designate any other address in substitution of the address to
which such notice or communication shall be given. Such notices
or communications shall be given to the parties at their
addresses set forth below:
If to County, to :
Director of Community Development
Contra Costa County Administration Building
651 Pine Street
Martinez, CA 94553
Facsimile No. : (415) 646-1309
Copy to :
County Counsel
Contra Costa County Administration Building
651 Pine Street
Martinez , CA 94553
Facsimile No. : (415) 646-1078
If to Developer, to:
Waste Management of North America, Inc .
1801 Oakland Blvd. , Suite 250
Walnut Creek, CA 94596
Attention: John Rowden
Facsimile No . : (415) 256-1273 :
With Copies to :
McCutchen, Doyle, Brown & Enersen
1331 North California Blvd.
P. 0. Box V
Walnut Creek, CA 94596
Attention: Sanford M. Skaggs
Michael H. Zischke
Facsimile No . : (415) 975-5390
37
Section 11 . Consent of Other Parties . Developer may,
at its discretion, elect to have other holders of legal ,
equitable or beneficial interests in the Project Site, or
portions thereof, acknowledge and consent to the execution and
recordation of this Agreement by executing a document in
recordable form to such effect . The execution of any such
document by other holders of any legal , equitable, or beneficial
interests in the Project Site is not a condition precedent to
this Agreement .
Section 12 . Assignment and Notice. Developer shall
have the right to assign or transfer all or any portion of its
interests , rights or obligations under this Agreement to third
parties acquiring an interest or estate in the Project or
Project Site, including without limitation, purchasers or long
term ground lessees of individual lots, parcels, homes or
facilities located within the Project Site. The assignment or
transfer by Developer of an obligation of Developer ' s under this
Agreement shall relieve Developer of that obligation. Developer
shall have no obligation whatsoever to provide notice of any
proposed assignment or transfer .
Section 13 . Estoppel Certificate. Within ten (10)
days following any written request which either party may make
from time to time, the other party to this Agreement shall
execute and deliver to the requesting party a statement
certifying that : (a) This Agreement is unmodified and in full
force and effect, or if there have been modifications hereto,
38
that this Agreement is in full force and effect as modified and
stating the date and nature of such modification; (b) There are
no current uncured defaults under this Agreement or specifying
the dates and nature of any such default; and (c) Any other
reasonable information requested. The failure to deliver such a
statement within such time shall constitute a conclusive
presumption against the party which fails to deliver such
statement that this Agreement is in full force and effect
without modification except as may be represented by the
requesting party and that there are no uncured defaults in the
performance of the requesting party, except as may be
represented by the requesting party.
Section 14 . Counterparts and Exhibits . This Agreement
is executed in four (4) duplicate counterparts , each of which is
deemed to be an original . This Agreement consists of forty-one
(41) pages of textand signatures; a cover sheet, table of
contents and notary acknowledgment forms on additional pages;
and, in addition, four (4) exhibits . This Agreement and its
exhibits constitute the entire understanding and agreement of
the parties . The following exhibits are attached to this
Agreement and are incorporated into this Agreement for all
purposes by this reference:
Exhibit A Description of the Project Site
Exhibit B Conditions of Approval
39
Exhibit C Project Approvals
Exhibit D Ordinance No . Approving this
Agreement
In addition, the findings referenced in Section 9 .B of this
Agreement are incorporated into this Agreement by this reference.
IN WITNESS WHEREOF, Developer and County have executed
this Agreement as of the date first hereinabove written.
COUNTY:
COUNTY OF CONTRA COSTA
By:
Harvey Bragdon, Director ,
Department of Community
Development
ATTEST: County Clerk
By:
Title:
Approved as to Form:
County Counsel
By:
Title:
(Signatures continued on next page)
40
(Signatures continued from previous page)
DEVELOPER:
WASTE MANAGEMENT OF NORTH AMERICA, INC. ,
an Illinois Corporation
By:
Its :
By:
Its :
41
STATE OF CALIFORNIA )
ss
COUNTY OF CONTRA COSTA )
On this day of in the year 1990 ,
before me, a notary public in and for said county and state,
personally appeared Harvey Bragdon, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person who executed this instrument as Director of the Contra Costa
County Department of Community Development and acknowledged to me
that the Contra Costa County executed it .
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year above written.
Notary Public
STATE OF CALIFORNIA )
) SS
COUNTY OF CONTRA COSTA )
On this day of in the year 1990 , before
me, a notary public in and for said county and state, personally
appeared , personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person who
executed the within instrument as of Waste
Management of North America, Inc . , an Illinois corporation, on
behalf of said Corporation and acknowledged to me that said
Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year above written.
Notary Public
STATE OF CALIFORNIA )
) SS
COUNTY OF CONTRA COSTA )
On this day of in the year 1990 , before
me, a notary public in and for said county and state, personally
appeared , personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person who
executed the within instrument as of Waste
Management of North America, Inc . , an Illinois corporation, on
behalf of said Corporation and acknowledged to me that said
Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal the day and year above written.
Notary Public
42
EXHIBIT A
Description of Project Site
i .
REAL PROPERTY IN AN UNINCORPORATED AREA, COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS :
PARCEL 1
A PORTION OF THE SOUTHEAST 1 /4 OF SECTION 36 , TOWNSHIP 1 NORTH,
RANGE 1 ' EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEASTERN CORNER OF THE SOUTHEAST 1 /4 OF SAID
SECTION 36 ; THENCE ALONG THE SOUTHERN LINE THEREOF NORTH
89 ° 51 ' 32" WEST , 917 . 95 FEET ; THENCE LEAVING SAID LINE , AS
FOLLOWS : NORTH 9°59 ' 56" WEST, 115. 72 FEET; NORTH 20°45 ' 16" WEST,
261 . 94 FEET; NORTH 30020' 08" WEST, 681 . 71 FEET; NORTH 43037 ' 25"
WEST, 211 . 50 FEET ; NORTH 10°41 ' 08" WEST, 308 . 97 FEET ; NORTH
9026 '45" WEST, 215. 17 FEET; NORTH 21 °07 ' 32" EAST, 198. 66 FEET;
NORTH 25055 ' 07" WEST, 304. 08 FEET AND NORTH 38°03 ' 58" WEST,
211 . 08 FEET TO THE SOUTHERN LINE OF THAT PARCEL OF LAND DESCRIBED
IN THE DEED TO CONTRA COSTA COUNTY, RECORDED FEBRUARY 9, 1922 IN
BOOK 406 OF DEEDS , AT PAGE 419 ; THENCE ALONG THE SOUTHEASTERN
LINE OF SAID COUNTY PARCEL, AS FOLLOWS : NORTH 48016' 29" EAST,
172. 33 FEET ; NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF
930.00 FEET, CONCAVE TO THE SOUTHEAST, THROUGH A CENTRAL ANGLE OF
9°36 ' 00" , AN ARCH LENGTH OF 155. 82 FEET; NORTH 57052' 29" EAST,
131 . 10 FEET ; NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF
216.00 FEET, CONCAVE TO THE NORTHWEST, THROUGH A CENTRAL ANGLE OF
22043'45" , AN ARCH LENGTH OF 85.69 FEET TO THE NORTHERN LINE OF
THE SOUTHEAST 1 /2 OF SAID SECTION 36 ; THENCE ALONG SAID NORTHERN
AND THE EASTERN LINES THEREOF NORTH 89056' 53" EAST, 1471 . 56 FEET
AND SOUTH 2002'48" WEST, 2582. 98 FEET TO THE POINT OF BEGINNING.
PARCEL 2A
THE PARCEL OF LAND DESCRIBED AS PARCEL TWO B IN THE DEED TO
WILLIAM W. FOSKETT, ET AL, RECORDED OCTOBER 5, 1959, BOOK 3467,
OFFICIAL RECORDS, PAGE 355, AS FOLLOWS: 19
"BEGINNING AT A POINT ON THE WESTERLY BOUNDARY LINE OF SECTION
- 31 , AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID
SECTION; THENCE RUNNING ALONG THE FENCE, NORTH 0°03' EAST, 582.07
FEET TO A POINT ON THE FENCE LINE IN THE SOUTHERLY LINE OF THE
COUNTY ROAD KNOWN AS MARSH CREEK ROAD; THENCE FOLLOWING ALONG THE
FENCE LINE AND SOUTHERLY LINE OF SAID ROAD, SOUTH 86°43' EAST,
101 .23 FEET; THENCE NORTH 79°40' EAST, 119.47 FEET; THENCE NORTH
62042' EAST, 125.86 FEET; THENCE NORTH 42°11 ' EAST, 182.47 FEET;
THENCE NORTH 53042' EAST, 212.41 FEET; THENCE NORTH 63057' EAST,
� ..
58. 58 FEET ; THENCE NORTH 78°38 ' EAST, 31 . 50 FEET; THENCE LEAVING
THE FENCE ON THE SOUTHERLY LINE OF THE COUNTY ROAD, SOUTH 69° 16'
EAST, 73. 81 FEET TO A BLAZED COTTONWOOD TREE, 30.00 INCHES IN
DIAMETER; THENCE SOUTH 8°56 ' EAST, 111 .00 FEET TO A 15.00 INCH
OAK TREE; THENCE FOLLOWING ALONG THE FENCE, THE FOLLOWING COURSES
AND DISTANCES ; SOUTH 62°04' WEST, 240. 63 FEET TO A 24.00 INCH OAK
TREE; THENCE SOUTH 41 '41 ' WEST, 136. 81 FEET; THENCE SOUTH 32004'
WEST, 226. 21 FEET TO A 12. 00 INCH OAK TREE; THENCE SOUTH 23°34'
WEST, 201 . 68 FEET; THENCE SOUTH 14054' WEST, 38. 13 FEET; THENCE
SOUTH 7`40' WEST, 191 . 32 FEET TO A POINT IN THE FENCE LINE ON THE
SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SECTION 31 ; THENCE
NORTH 88048 ' WEST, 259. 50 FEET TO THE POINT OF BEGINNING, AND
BEING THE SAME LAND CONVEYED TO WALTER W. FOSKETT BY RAY A.
FOSKETT BY DEED DATED JULY 14, 1927 AND RECORDED AUGUST 1 , 1927
IN BOOK 92 OF OFFICIAL RECORDS , PAGE 225, RECORDS OF CONTRA COSTA
COUNTY, CALIFORNIA. "
EXCEPTING FROM PARCEL 2A
THE INTEREST CONVEYED TO CONTRA COSTA COUNTY BY DEED RECORDED
JANUARY 31 , 1956 , BOOK 2698 , OFFICAL RECORDS , PAGE 592 , "FOR
STREET OR HIGHWAY PURPOSES. "
PARCEL 2B
THE SOUTH 1 /2 OF SECTION 31 , TOWNSHIP 1 NORTH, RANGE 2 EAST,
MOUNT DIABLO BASE AND MERIDIAN.
PARCEL 3
SECTION 6, TOWNSHIP 1 SOUTH, RANGE 2 EAST, MOUNT DIABLO BASE AND
MERIDIAN.
EXHIBIT B
Conditions of Approval
S
LAND USE PERMIT 2010-90
CONDITIONS OF APPROVAL
MARSH CANYON SANITARY LANDFITT•
CONTRA COSTA COUNTY HOARD OF SUPERVISORS
MARCH 20, 1990
TABLE OF CONTENTS ,
1
SECTIONS PAGE
1. SHORT TITLE 1
2. RESPONSIBILITY 1
3. COMPLIANCE 1
4. , VALIDITY PERIOD 2
5. SERVICE AREA 3
6. ELIGIBLE AND INELIGIBLE WASTE 4
7. LOAD INSPECTION 5
8. ELIGIBLE REFUSE TRANSPORT VEHICLES 5
9. OPERATING PARAMETERS 6
10. WASTE MEASUREMENT AND CHARACTERIZATION 7
11. ADMINISTRATION 7
12. RATE REVIEW 10
13. FRANCHISE COMPLIANCE 11
14. LAND USE PERMIT CONSTITUENTS 12
15. DEVELOPMENT AND IMPROVEMENTS PLAN 13
16. SLOPE AND SEISMIC STABILITY 13
17. GROUNDWATER PROTECTION 15
18. SURFACE WATER PROTECTION 18
19. HAZARDOUS WASTE 20
20. AIR QUALITY PROTECTION. 21
21. NOISE CONTROL 25
22. VISUAL QUALITY 26
23. BIOTIC RESOURCES 28
i
u
SECTIONS PAGE
24. BIRD AND VECTOR CONTROL 30
25. LITTER CONTROL 31
26. PUBLIC HEALTH AND SAFETY 32
27. SITE SECURITY 34
28. CULTURAL RESOURCES PROTECTION 34
29. TRANSPORTATION AND CIRCULATION 35
30. SITE SERVICES AND UTILITIES 40
31. WASTE REDUCTION AND RESOURCE RECOVERY 43
32. CONSTRUCTION ACTIVITIES AND CONDITIONS 44
33. CLOSURE AND POSTCLOSURE MAINTENANCE 45
34. ABANDONED VEHICLE STORAGE 46
35. ADDITIONAL CONDITIONS OF APPROVAL 47
36. SPECIAL CONDITIONS OF APPROVAL 51
ii
1. SHORT TITLE
.1 Short Title. The Marsh Canyon Sanitary Landfill project is
henceforth referred to in this document as the Landfill.
2. RESPONSIBILITY
- .1 Ultimate Responsibility. The conditions of approval identify the
Landfill developer as the party responsible for , implementing
conditions involving construction and improvements, and the Land-
fill operator for implementing conditions involving maintenance
and management. Regardless of these identifications, the Land-
fill owner shall be responsible for complying with all
conditions.
.2 Transfer of Ownership. The Land Use Permit for the Landfill
shall run with the land; however, a new owner shall be responsi-
ble for notifying the County Community Development Department of
any change in ownership. A change in ownership shall be inter-
preted to mean the acquisition of 5 percent or more of the value
of the Landfill site covered by this Land Use Permit. (It is
noted that other permits may not necessarily run with the land. )
3. COMPLIANCE
.1 Compliance Objective. The Landfill developer and operator shall
at all times comply with the requirements of laws and permits
applicable to the facility.
.2 Design Standard. The Landfill developer shall design the Land-
fill facility to meet the requirements of the Central Valley
Regional Water Quality Control Board for a Class II waste
disposal facility.
.3 State Minimum Standards. The operation and maintenance of this
facility shall at all times comply with Minimum Standards for
Solid Waste Handling and Disposal (California Administrative
Code, Title 14, Division .7, Chapter 3).
.4 Land Use Permits. The Landfill 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 Solid Waste Facilities Permit. The Landfill operator shall
conform with all provisions and requirements of the Landfill's
Solid Waste Facilities Permit, which is based on the guidelines
of the California Integrated Waste Management Board.
. d
2. ,
.6 Subchapter 15. The Landfill operator shall at all times comply
with the provisions and requirements of Subchapter 15, Chapter 3,
Title 23 of the California Administrative Code ("Subchapter 1511)
for a Class II waste disposal facility.
.7 Other Regulatory Agencies' Requirements. The Landfill operator
�. shall at all times comply with the provisions and requirements of
other regulatory agencies having jurisdiction over the facility.
.8 Utilities, Service Districts, and Government Agencies'
Requirements. The Landfill 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 landfill.
.9 Notice Coordination. Copies (or originals) of all reports to
other agencies concerning the design, operation, and maintenance
of the Landfill facility shall be sent by mail or hand-delivered,
to the Community Development Department, 651 Pine Street, 4th
Floor North Wing, Martinez, CA 94553-0095.
.10 Monitoring and Inspection. All monitoring reports and results of
inspection or analysis shall be made available to the County
Health Services and Community Development Departments. Any
indication of an emergency or other serious problem relating to
public health and safety shall be reported at once.
.11 Master Chart. The Landfill operator will maintain for reference
a master chart showing schedules and results of preparation,
operation, monitoring and reporting in all major phases of the
facility.
4. VALIDITY PERIOD
.1 Validity Period. The Landfill developer shall install pre-
requisite improvements and open the Landfill for receiving refuse
within three years of the final approval of the project's Solid
Waste Facilities Permit. This validity period shall be tolled
while any appeal filed by parties other than the Landfill devel-
oper is pending. The Landfill developer may request from the
Director of Community Development one or more one-year extensions
of the Land Use Permit. If the Land Use Permit is not implement-
ed 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 circum-
stances which warrant the consideration of changes to the
Conditions of Approval.
3.
.2 Operative Date. This Land Use Permit is valid upon approval by
the Board of Supervisors. However, it shall not become operative
until and unless the permittee (landfill owner, etc. ) first
obtains and the Board of Supervisors grants a franchise to or
approves an agreement with permittee (see Section 13, Franchise
Agreements).
5. SERVICE AREA
.1 Area of origin. The area of origin of all refuse-bearing
vehicles admitted to the Landfill shall be Contra Costa County.
The Landfill operator shall not refuse to receive eligible wastes
which originate in Contra Costa County provided such wastes are
delivered to the facility in accordance with these Conditions of
Approval and the Landfill's Solid Waste Facilities Permit, and
provided that appropriate disposal fees are paid.
.2 Out-of-County Wastes. The Landfill operator shall not receive
waste from outside Contra Costa County unless such imports of
waste are specifically. approved by the Board of Supervisors.
This condition shall not apply to waste which may be received
under the Emergency Use Provisions of Condition 6.5 or the
Reciprocal Capacity Agreement of Condition 5.4.
.3 Sub-County Service Area. If there is more than one Class II or
Class III Landfill operating in Contra Costa County, the Board of
Supervisors may establish sub-County service areas for each on a
temporary or long-term basis. If the Board has established a
sub-County service area for the Landfill, the operator shall not
accept waste for disposal from outside such area.
.4 Reciprocal Capacity Agreement. The Landfill operator shall
receive waste from outside Contra Costa County if in accordance
with the terms and conditions of a Reciprocal Capacity Agreement
entered into by Contra Costa County with another county. Waste
shall be received upon reasonable notice to the Landfill operator
and the Board of Supervisors and direction by the Board to the
Landfill operator as to the terms and conditions under which the
waste will be received. The Board may specify disposal charges
which are applicable only to the waste received under the
Reciprocal Capacity Agreement. `
.5 Pre-Requisite Curbside 'Recycling Program. The Landfill shall not
admit or dispose of waste loads from communities which do not
have in operation a curbside recycling, or equivalent, program
approved by the Board of Supervisors. Board of Supervisors
approval may be interpreted as a consistency with a Board of
Supervisors-approved Countywide Integrated Waste Management Plan.
The Board of Supervisors may determine the eligibility of a
4.
community's program.
6. ELIGIBLE AND INELIGIBLE WASTES
.1 Eligible Wastes. The Landfill operator shall allow only wastes
�= eligible for disposal in a Class II facility, as defined by the
Central Valley Regional Water Quality Control Board to be
admitted to the Landfill. The wastes admitted to the Landfill
shall also be consistent with the Solid Waste Facilities Permit,
administered by the County Health Services Department, and
consistent with the Board of Supervisors' policies and these
conditions of approval. To the extent allowed by law, the Board
of Supervisors may direct the Landfill operator not to accept
wastes that do not meet State and County policies and
. regulations.
.2 Designated Wastes. The Landfill operator shall allow only those
designated wastes (as defined by Section 2522 of Article 2 of
Subchapter 15, of Title 23, of the California Administrative
Code) approved for this facility by the Central Valley Regional
Water Quality Control Board and consistent with the Solid Waste
Facilities Permit to be admitted for disposal. The Board of
Supervisors may designate special rates for this waste.
.3 Infectious Wastes. The Lanai.iii op,&!- ,tor shall accept only those
infectious wastes identified in, and disposed of in accordance
with the Solid Waste Facilities Permit.
.4 Ineligible Wastes. The Landfill operator shall not allow the
following wastes to be disposed at the Landfill:
a) Hazardous or toxic wastes.
b) Radioactive wastes.
c) Liquid wastes, other than utility sludges meeting Central
Valley Regional Water Quality Control Board requirements.
d) Other ineligible wastes specified in the Solid Waste Facili-
ties Permit administered by the County Health Services
Department.
.5 Emergency Use. If the .-service area of the Landfill is determined
to be a sub-area of the County, the County Health Services
Department may allow legal waste originating in areas of Contra
Costa County, other than those stipulated in Section 5, to have
access to the Landfill for periods up to 180 days on an emergency
basis. The department may grant one extension for no longer than
180 days. The Board of Supervisors may allow the emergency use
of the Landfill to continue for a period up to two years.
5.
.6 Hazardous Waste Screening and Management. See Section 19.
t
.7 Area of Origin Restrictions. See Section S.
7. LOAD INSPECTION
.1 Eligible Vehicles and Loads. The Landfill operator shall screen
loads to limit to the extent practicable the intake of ineligible
waste. Prior to receiving waste, the Landfill operator shall
prepare in writing a program for identifying eligible vehicles
and screening loads at the Landfill entrance, random sampling and
inspection for ineligible wastes, and checking loads at the
Landfill disposal area. The Load Inspection program shall
include inspection. for hazardous wastes and procedures for their
handling and off-site disposal consistent with the Contra Costa
County Hazardous Waste Management Plan. The program shall be
subject to the approval of the County Health Services and County
Community Development Departments.
.2 Load Covering. The Landfill operator shall spot check all incom-
ing waste-hauling vehicles for proper covering or containeriza-
tion. The operator shall not admit waste loads which are
susceptible to littering or leakage because of the lack of
covering, inadequate covering, or disrepair of screens or
containers.
8. ELIGIBLE REFUSE TRANSPORT VEHICLES
.1 Eligible Vehicles. The Landfill operator shall admit only the
following refuse transport vehicles:
a) Transfer station vans originating in a transfer station
located in .Contra Costa County. Transfer stations shall
have a waste management program, which includes hazardous
waste screening and resource recovery operations, approved
by the Board of Supervisors.
b) Demolition and construction material trucks originating in
Contra Costa County. If the Board of Supervisors has
established waste reduction goals for the businesses and
industries generating such wastes, the generators shall
comply with such goals.
• c) Incinerated sewage sludge-hauling trucks originating at
utilities located in Contra Costa County, or other utilities
serving Contra Costa County.
d) Sewage and water treatment plant sludge trucks originating
in Contra Costa County, with loads complying with Central
Valley Regional Water Quality Control Board's solids-to-
liquid requirements.
6.
e) Trucks hauling Designated Wastes approved for this Landfill
by the Central Valley Regional Water Quality Control Board.
The wastes shall originate in Contra Costa County.
f) Other specialized waste transport trucks hauling wastes
originating in Contra Costa County and identified in the
Landfill's Solid Waste Facilities Permit.
.2 Service Area Restriction. See Section 5.
.3 Emergency Exemption. See Condition 6.5.
.4 Reciprocal Exemption. See Condition 5.4.
9. OPERATING PARAMETERS
.1 Hours of Operation. The Landfill operator shall not open the
Landfill to receive waste loads before 7:00 a.m. or after 8:30
p.m. Refuse shall be covered by 8:30 p.m. at which time working
lights shall be turned .off. Entry and security lights shall be
dimmed at 8:30 p.m. Other hours of operation, within these
parameters, may be specified by the County Health Services
Department in the Landfill's Solid Waste Facilities Permit.
Special loads may be received at other times in accordance with
procedures established by the County Health Services Department.
The Director of Community Development may administratively
shorten or extend the hours of operations prescribed above after
consultation with the Landfill operator, the County Health
Services Department, and the Local Advisory Committee, after
holding a public hearing to obtain the comments of other inter-
ested 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 Landfill 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 Landfill operations to substantially increase in the
vicinity of the Landfill.
.2 Operating Days. The Landfill shall remain open for operation
Monday through Saturday.
.3 Maximum Daily Tonnage. The Landfill may accept for disposal a
maximum of 3,500 tons of refuse per day through the year 2005.
The Board of Supervisors shall review and revise, if necessary,
the maximum allowable tonnages per day, prior to the year 2005.
If the Board establishes sub-County service areas, maximum
tonnages for each Landfill shall be prorated to reflect their
service areas. The Board may increase the maximum daily
tonnages, if necessary, to reflect Reciprocal Capacity Agreements
or emergency measures.
7.
10. WASTE MEASUREMENT AND CHARACTERIZATION
4
.1 Volume Estimation. The Landfill operator shall submit topograph-
ic maps of the Landfill and a report of capacity absorption and
fill rates to the Community Development Department every two
years on the anniversary date of the Landfill's opening. The
Landfill operator shall also submit an initial topographic map
prior to receiving wastes.
.2 Scales. The Landfill developer shall install certified scale(s)
at the Landfill to weigh incoming and outgoing trucks. A weigh-
ing program, subject to approval by the County Department of
Health Services and Director of Weights and Measures, shall be
implemented to monitor incoming wastes.
.3 Waste Characterization. The Landfill operator shall participate
with transfer station operators serving the Landfill in a program
to characterize incoming wastes by type, amount, and originating
community and perform detailed load inspections on vehicles
according to a program specified by the County Health Services
Department and the County Community Development Department.
Reports shall be submitted to the County on a quarterly basis.
11. ADMINISTRATION
.1 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 Landfill. 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 inter-
vals. 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 Landfill owner from
applying for amendments to the Land Use Permit It any time or
preclude the County from addressing emergency situations or new
requirements imposed by State legislation or the courts.
.2 Local Advisory Committee. The Community Development Department
shall organize and the Landfill developer shall participate in a
local advisory committee, consisting of elected representatives
of local residents and neighborhood associations, to comment and
advise on the development of the Landfill and its operations.
The Board of Supervisors may sanction the Local Advisory
Committee as an official County committee. The committee shall
be established as soon as reasonably possible after the Board of
Supervisors' approval of the Land Use Permit. Meetings of the
committee,shall be initiated following the approval of a Land Use
Permit and shall be held at least quarterly through the first two
8.
years of Landfill operation. Subsequently, meetingb may be held
annually, but with the provision for meetings on call by the
chair or the written request of 3 or more members. The County
Health Services Department shall be notified at least 10 days in
advance of all meetings. Subjects for consideration at meetings
will include but shall not be limited to safety and emergency
procedures, Landfill-related traffic problems, screening of
visual impacts and problems of litter, odor, and noise control.
Meeting agenda also may include discussion of reports on the
Landfill construction, operation and maintenance. The Landfill
• operator shall provide reasonable access to the landfill arranged
through the Community Development Department. A surcharge on the
tipping fee may be used to fund the advisory group's operations.
.3 Insurance and/or • Bonding. The applicant shall provide the
insurance and bonds specified by the units of government having
approval authority over the project. Subjects will include, but
not be limited to, continuity of Landfill operation, non-compli-
ance, emergency measures, construction performance, landscaping
and closure.
.4 Notification Program. The Landfill operator shall prepare and
implement a program to notify potential users of the Landfill of
its opening and closing times, and the conditions of its use,
including waste reduction and recycling requirements, site access
regulations, and a detailed list of prohibited hazardous wastes
and alternative disposal options. The program should be prepared
in conjunction with the operator(s) of the transfer station(s)
serving the Landfill. It shall be approved by the County
Community Development Department.
.5 Development Coordinator. The Landfill owner shall provide a fund
to support a County Landfill Development Coordinator, if the
County establishes the position, through the period of construc-
tion and Landfill operations. The coordinator may be a staff
member or a consultant. The owner shall make quarterly advance
payments.
The Landfill developer and operator shall provide such informa-
tion as the Development Coordinator may require to review plans
and installations under the purview of the County, except that
any requirements for additional studies shall be subject to the
approval of the County's Director of Community Development.
.6 Compliance and Mitigation Monitoring Program. The Landfill
operator shall provide a fund to support County staff monitoring
of compliance with the Conditions of Approval and the Mitigation
Monitoring Program, as designed and implemented by the County
Community Development and Health Services Departments
9.
.7 Pre-Annexation Notification. If the Landfill owner decides to
request annexation of the Landfill to a city, the owner shall
notify the Board of Supervisors at least 180 days in advance of
filing any application for such annexation. The Board may
require the owner to consult with it or County staff to determine
how solid waste management programs specified in these Conditions
of Approval would be carried out subsequent to annexation.
.8 Fee and Surcharge Disclosures. The Landfill operator may identi-
fy the costs of public agency fees and surcharges .on bills and
receipts issued to Landfill users.
.9 Interpretation of Conditions. The Director of the Community
Development Department is authorized to interpret these condi-
tions in the event that any clarification is needed.
.10 Conditions of Approval Nos. 4.2 and 13.4 require a franchise or
agreement to be established by this County. All of these
Conditions of Approval shall be subordinate to the terms of said
franchise or agreement, and the terms of said franchise or
agreement shall control- in the case of any conflict. There shall
be no need to amend these Conditions of Approval in the event of
such a conflict.
.11 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 this Board's 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
Conditions of Approval, however, it is not this 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.
.12 This Board does not intend, by requiring the applicant to fund
various measures, to make any decision regarding whether or not,
or how, any expenditures incurred may be recovered through the
rate structure or otherwise by the applicant. Any such decision
by this Board shall be reserved for its consideration in the
franchise or agreement. No inference regarding this issue is
to be drawn from this Board's use of any particular terminology
in these Conditions of Approval.
10.
.13 In any instance where a Condition of Approval provides that this
Board will decide or act upon a certain matter, this Board may
delegate the initial decision making or action with respect to
that matter to the Director of Community Developmentor such
other designee as this Board determines to be appropriate,
provided that there shall be a right of appeal to this Board from
any decision of the Director of Community Development or other
designee.
12. RATE REVIEW
.1 Rate Approval. The Board of Supervisors shall approve all rates
charged by the Landfill operator at the Landfill. The rates
established by the Board will be not only maximum rates but also
minimum rates.
.2 Rate Review. The Board of Supervisors may review and approve
rates 'annually in accordance with an approved rate application
procedure. More frequent review of rates may occur if requested
by the Landfill operator and if the Board determines that Chang-
ing circumstances warrant such review. The Board may also review
rates more frequently if the Board determines that it is in the
public interest to do so.
.3 Form and Content of Rate Review Application. The Landfill
operator shall submit its rate application in a form and content
as specified by the County. Such application may require the
Landfill operator to submit the application on forms and/or using
computer software provided by or specified by the County. The
County shall have the right to inspect and audit all records of
the Landfill operator which support its rate review application.
.4 Rate Application Guidelines. The rate application shall be
designed to ensure reconciliation of rates with audited company
financial statements; detailed year-to-year cost comparisons;
documented guidelines for allowable expense categories, account-
ing methodologies, allowable management costs and other cost
elements; unit usage and unit cost data on major expense items;
calculation and reporting of company productivity statistics by
cost category; and full documentation of assumptions and source
materials. The rate application process shall also provide for
comparative rate surveys with other similar operations.
.5 Financial Statement. The Landfill operator shall maintain full
and complete accounting records in conformity with generally
accepted accounting principals applied on a consistent basis. A
financial statement for the proceeding fiscal year, in such form
and providing such information as the Board may require, shall be
submitted with each rate review application. The financial
statement shall be prepared and certified by a Certified Public
• � 11.
Accountant currently licensed to practice in the State of Cali-
fornia. The County, through a Certified Public Accountant
appointed by the County for that purpose, shall at all reasonable
times have the right to inspect and audit the records of the
Landfill operator that supports the financial statements. The
County reserves the right to determine which record(s) are rele-
vant.
.6 Scope of Rates. The Board of Supervisors may require that the
Landfill operator include in its disposal rates amounts for
purposes other than disposal, including but not limited to,
charges for funding of inspections, charges relating to origin of
waste such as out-of-County waste, franchise or agreement fees,
closure and postclosure maintenance of other Landfills, solid
waste management programs, such as general litter pick-up and
abandoned vehicle removal, solid waste planning, and any other
conditions of approval.
13. FRANCHISE AGREEMENT
.1 Franchise and Agreement Compliance. The Permittee - Landfill
operator shall be subject to the terms and conditions of any
franchise or agreement established by the Board of Supervisors.
A draft franchise or agreement shall be submitted with or before
the Final Development and Improvements Plan.
.2 Assignment. The Landfill operator and the Landfill owners shall
not assign or subcontract the franchise or agreement, any part of
the franchise or agreement, or any obligation of the franchise or
agreement without prior written consent of the Board of
Supervisors. The term "assignment" shall include any
dissolution, merger, consolidation or reorganization of the
Landfill's ownership or the sale or other transfer of the
controlling percentage of the owner's stock in the Landfill or
the sale of 51% of the value of the assets of the Landfill's
owners.
.3 Contents. The franchise or agreement may contain such provisions
as the Board of Supervisors deems necessary, including but not
limited to complete indemnification of the County, liability
insurance by type and amount, performance bond by hype and
amount, rights of the County to acquire ownership of the
Landfill, funding for mitigation and reimbursement for County
costs, funding for closure or post-closure costs, franchise or
agreement fees rate review and approval procedure and
determination of and consequences of breaches of the franchise.
.4 Requirement. Permittee shall not establish, operate or carry on
the business of a solid waste facility pursuant to this permit
unless and until it has been first granted a franchise (or en-
tered an agreement with the Board of Supervisors):
e
12. '
14. LAND USE PERMIT CONSTITUENTS
.1 Initial Development and Improvements Plan. The Initial Develop-
ment and Improvements Plan approved by this Land Use Permit, and
implemented and modified by these Conditions of Approval, shall
consist of the following schematic plans included in the appli-
cant's December 1969 report entitled "Marsh Canyon Landfill
Project Description (Volume I and II)/Design Drawings":
a. Initial Facilities Site Plan
b. Final Facilities Site Plan
C. Nominal Base Grading Plan
d. Final Grading
e. Preliminary Mitigation Plan
f. Gas*Management Plan
g. Liner Construction Sequence Plan
h. Construction Sequence and Waste Filling Plan
i. Intermediate Sump Plan
.2 Regulatory Agency Approvals. Subsequent to the approval of this
Land Use Permit, the Landfill developer shall obtain approvals
from the regulatory agencies having jurisdiction over the
project, and obtain their detailed requirements for building,
serving, and operating the Landfill. The approvals shall
include, but are not limited to:
a) Waste Discharge Requirements from the Central Valley Region-
al Water Quality Control Board.
b) Authority to Construct and Permit to Operate requirements
from the Bay Area Air Quality Management District.
c) Nationwide General Permit (N26) from the U.S. Army Corps of
Engineers.
d) Streambed Alteration Agreement from the California Depart-
ment of Fish and Game.
The Landfill developer shall notify the Community Development
Department if proposed or adopted conditions or requirements of
regulatory agencies do not appear to be consistent with this Land
Use Permit or the Landfill's Environmental Impact. Report.
.3 Improvements Requirements. Subsequent to the approval of this
Land Use Permit, the Landfill developer shall obtain approvals
from the agencies, utilities, and parties having jurisdiction or
control over the on-site and off-site improvements required by
this Land Use Permit or by agencies having regulatory jurisdic-
tion over the project. The Landfill developer shall notify the
Community Development Department if proposed or adopted condi-
tions or requirements do not appear to be consistent with this
Land Use Permit or the Landfill's Environmental Impact Report.
13.
15. DEVELOPMENT AND IMPROVEMENTS PLAN '
.1 Final Development and Improvements Plan. Subsequent to the
approval of the Land Use Permit but prior to the commencement of
any construction, the Landfill developer shall submit a Develop-
ment and Improvements Plan to the Community Development Depart-
ment and obtain the approval of the Director of Community
Development. The Development and Improvements Plan shall be
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 Solid Waste Facilities Permit
issued by the County Health Services Department. The Community
Development Department will coordinate the review of the plan by
the Health Services Department, the Public Works Department, and
other appropriate units of government. The Landfill developer
shall comply with all provisions of the Final Development and
Improvements Plan. _
The Final Development and Improvements Plan shall include:
a) A Site Design Plan as described in the following sections.
b) A Landscaping Plan (Section 22).
c) A Transportation and Circulation Plan (Section 29).
d) A Site Services and Utilities Plan (Section 30).
e) A Surface Water Management and Sediment/Erosion Control Plan
(Section 18).
f) A Landfill Gas Management Plan (Section 20).
g) A Habitat Preservation and Enhancement Plan (Section 23).
h) A Waste Reduction and Resource Recovery Program (Section
31).
..2 In approving the Development and Improvements Plan, the Community
Development Department Director may allow the Landfill developer,
upon request, to phase construction of Landfill modules and other
features, except where timing is specified in these conditions.
The submittal of the Development and Improvements Plan components
may reflect this planning.
16. SLOPE AND SEISMIC STABILITY
.1 Landfill Slopes Objective. Landfill slopes shall be engineered
to provide static and dynamic (seismic) stability under design
criteria for Class II Landfills.
14.
.2 Seismic Design. The Landfill, its drainage features and
operating components (lifts, berms, liners, leachate and gas
collection systems and major stockpiles) shall be designed to
withstand the Maximum Credible Earthquake (MCE) including a
minimum of 0.43g acceleration rate. The Landfill developer shall
utilize a MCE (design earthquake) specified by the County
_ Community Development Department and the Central Valley Regional
Water Quality Control Board. The final design shall include a
simulation model producing ground motion based on a Coalinga-type
(1983) magnitude earthquake with an oblique thrust slip. The
Landfill developer shall provide substantiation in the Final
Development and Improvements Plan that the Landfill design will
withstand the MCE.
.3 Sycamore Canyon Fault Seismic Study. The Landfill developer
shall explore for fault rupture hazard in the western portion of
the site. Exploration planning shall be coordinated with the
County's Planning Geologist, Central Valley Regional Water Quali-
ty Control Board, and California Integrated Waste Management
Board. No Landfill disposal shall be placed within 500 feet of
the projection of the Sycamore Canyon fault until the permitting
agencies agree that the hazard of fault rupture is not signifi-
cant. Any disposal in close proximity to the area to be explored
requires written authorization from qualified geologists, from
the Landfill developer's consulting geologist, and all of the
above-named agencies, that the disposal will not inter-
fere with trench or other exploration for fault rupture hazard.
Fault rupture hazard exploration results shall be reviewed and
approved by the County Planning Geologist prior to submittal of
the required Development and Improvements Plan to the County
Community Development Department.
.4 Landslide Study. The Landfill developer shall employ a licensed
geotechnical consultant to conduct a supplementary study of
landslides and slope stability in areas of the site affected by
Landfill and improvements grading. The study shall be performed
by a licensed geo-technical professional and be subject to the
approval of the County and the Central Valley Regional Water
Quality Control Board. The Landfill developer shall incorporate
the results of the study into the site grading program and the
designs of overlying structures, which shall be included in the
Development and Improvements Plan. `
.5 Geotechnical Inspector. The Landfill operator shall contract
with the County, or through the County, for an independent
geotechnical consultant, who shall be selected by and be respon-
sible to the County. The consultant shall inspect regularly the
installation and condition of liners, leachate control facilities
and other installations, identified by the County, as they are
installed. This provision shall remain in force over the life of.
the Landfill.
15.
.6 Landfill Design Stability. The Landfill developer shall provide
a static and dynamic stability analysis of the final engineering
design of the Landfill and its appurtenant improvements. The
stability analysis method and the resulting , analysis .shall be
approved by the County Community Development Department and the
Central Valley Regional Water Quality Control Board, and included
_- in the Final Development and Improvements Plan.
.7 Slope Monitoring. The Landfill operator shall install slope
monitoring stakes on landslides and sensitive slopes which could
affect an operating Landfill. The monitoring program shall be
approved by the County Community Development Department.
.8 Settlement Program. The Landfill developer shall implement a
program to prevent fill -settlement and an inspection program to
detect and correct settlement problems. The developer shall
compact the refuse and cover materials to maximum strength and
design and maintain the necessary slope gradient to ensure proper
surface water drainage. A network of settlement platforms shall
be installed to monitor fill settlement at critical points. The
station specifications and locations of these platforms shall be
included in the Development and Improvements Plan. The Settle-
ment Program shall be subject to the approval of the County
Community Development Department and the Central Valley Regional
Water Quality Control Board.
.9 Post-Earthquake Program. The Landfill operator shall prepare and
implement an emergency program for inspecting the Landfill facil-
ity, dealing with failures, and providing refuse handling follow-
ing a substantial earthquake. The program shall be subject to
the approval of the County Community Development Department and
the County Health Services Department.
.10 Sedimentation Pond(s) Monitoring Program. The Landfill operator
shall prepare and implement a failure prevention and warning
system, including daily monitoring and visual inspection, for the
sedimentation ponds. The program shall be approved by the County
Community Development Department and shall be included in the
Development and Improvements Plan.
.11 Stockpile Stability. Commencing with the onset of stockpiling,
the Landfill operator shall continually analyze daily cover
material stockpiles for stability to determine allowable heights
and/or slopes. The results shall be available to the County
Community Development Department and the County Health Services
Department on demand.
17. GROUNDWATER PROTECTION
.1 Groundwater Protection Objective. The Landfill shall not impair
the beneficial uses of groundwater on the project site or in its
vicinity.
S
16.
.2 Landfill Liner. The Landfill developer shall install an engi-
neered liner system, including a clay liner and a high-density
polyethylene liner, which meets State Class II Landfill stan-
dards. The liner. shall be approved by the Central Valley
Regional Water Quality Control Board, and its specifications and
design shall be included in the Development and Improvements
Plan.
.3 Leachate Collection System. The Landfill developer shall install
a leachate collection system which shall meet State Class II
standards. The leachate collection system shall be approved by
the Central Valley Regional Water Quality Control Board, and its
specifications and design shall be included in the Development
and Improvements Plan.
.4 Surface Drainage System. See Condition 18.2.
.5 Groundwater Monitoring. The Landfill developer shall install a
groundwater monitoring system and implement a monitoring program,
as required by the Central Valley Regional Water Quality Control
Board. The monitoring stations' specifications, locations, and
frequency of data collection requirements shall be included in
the Development and Improvements Plan. To ensure protection for
Round Valley and Marsh Creek, a monitoring station or stations
shall be located in the Round Valley watershed. The proposed
monitoring program shall be subject to review by the County
Health Services and Community Development Departments.
.6 Downstream Well Monitoring. The groundwater monitoring program
shall include selected wells down gradient from the site. The
wells shall be subject to approval by the Central Valley Regional
Water Quality Control Board and the County Health Services
Department. The Landfill operator shall sample and analyze water
from these wells on a quarterly basis. The location of these
wells shall be identified in the Development and Improvements
Plan.
.7 Baseline Water Characterization. The Landfill developer shall
conduct a groundwater characterization study for at least a one-
year period following the approval of the Land Use Permit. The
procedures for the study shall be specified by the Central Valley
Regional Water Quality Control Board and the County- Health
Services Department.
.8 Liquid Waste Disposal. The Landfill operator shall comply with
the requirements of the Central Valley Regional Water Quality
Control Board for disposal of de-watered sewage and other utili-
ties' sludges in the Landfill to prevent excess liquid
concentrations. The Landfill operator shall not accept other
liquid wastes.
a
17.
.9 Drainage Grading. The Landfill developer shall grade completed
fill areas to convey surface run-off to ditches at the fill
perimeter for the purpose of limiting infiltration into the Land-
fill. The grading specifications shall be included in the
Development and Improvements Plan.
.10 Leachate Management. The Landfill operator may reapply leachate
removed from the leachate collection sumps to the Landfill for
absorption by solid waste, or arrange for its transportation
(pretreated if necessary) to an appropriate treatment and dispos
al facility. If leachate is returned to the fill area, it shall
be injected under the Landfill's cover rather than applied over
its surface. The return of leachate to the Landfill shall be
subject to the restrictions defined by the Central Valley Region-
al Water Quality Control Board and the County Health Services
Department. If leachate is transported to an off-site dispos-
al/treatment facility, it shall be pre-treated on-site to meet
all requirements of such facility before transport. If leachate
build up becomes a problem, the County Health Services Department
may require additional remedial measures, such as the placement
of more soil cover, or the installment of a low-permeability
earthen or synthetic cover. The Leachate Management Program
shall be included as part of the Site Design Plan.
.11 Water Balance Calculations. The Landfill operator shall provide
water balance calculations, when requested by the County Health
Services Department, to evaluate intermediate stages of Landfill
operation to ensure the maintenance of a proper solids-to-liquid
ratio.
.12 Leachate Holding Tanks. Holding tanks for leachate shall be
tested to ensure chemical compatibility to prevent chemical
degradation of said tanks. The Landfill developer shall submit
test results to the Central Valley Regional Water Quality Control
Board and the County Health Services Department prior to the
submission of the Development and Improvements Plan.
.13 Secondary Containment. The Landfill developer shall construct a
secondary containment system capable of containing 1.5 times the
volume of each leachate-holding tank.
.14 On-Site Water Supply Wells. The Landfill developer shall
construct any on-site water supply wells only after a hydro-
geologic investigation has determined flow direction and
relationship between water bearing strata, if any. Water supply
wells shall utilize separate water bearing strata and shall be
sealed to prevent communication between shallow and deep ground
water. The locations and characteristics of water supply wells
shall be described in the Development and Improvements Plan, and
shall be subject to County Health Services Department and Central
Valley Regional Water Quality Control Board approval. Pump tests
shall be provided for on-site wells located within 500 feet of
any domestic well to evaluate interference between wells.
18.
.15 Off-Site Water Well Contamination. If the water• quality of
nearby domestic water supplies is impaired by Landfill leachate, I
the Landfill operator shall take immediate remedial action that
is acceptable to the County Health Services Department. and the
Central Valley Regional Water Quality Control Board. The Land-
_ fill operator may be required to replace the impaired water
supply.
.16 Liner Installation Inspection. See Condition 16.5.
.17 Working Face. The Landfill operator shall maintain a maximum
daily working face of 3 acres in order to minimize surface water
infiltration to the refuse, as well as to control dust and
erosion, prevent vector proliferation, and minimize visual
impacts.
.18 Subdrain. If required by the Central Valley Regional Water
Quality Control Board, the Landfill developer shall install a
permeable subdrain under the landfill liner to ensure drainage of
groundwater and to provide a secondary conduit and means of
collection of leachate, should any leachate escape from the
landfill's containment system. The applicant shall notify the
Contra Costa Water District of the RWQCB's consideration of this
matter and the landfill generally, and shall provide CCWD with
any technical information that the applicant submits to RWQCB on
this matter, to allow CCWD to effectively participate in RWQCB
consideration of this matter.
18. SURFACE WATER PROTECTION
.1 Surface Water Protection Objective. The Landfill shall not
impair the beneficial uses of water bodies in the vicinity of the
Landfill site.
.2 Surface Drainage System. The Landfill operator shall install a
surface drainage system which shall be designed to meet State
Class II Landfill standards. * It shall accommodate a 1,000 year
design storm, as specified by the County Public Works Department
and the Central Valley Regional . Water Quality Control Board
(CVRWQCB). The drainage system shall convey surface water around
the active fill area without contacting the working face,or any
solid waste. The surface drainage system shall be approved by
the CNRWQCB and the County Community Development Department, and
included in the Development and Improvements Plan.
.3 Marsh Creek Protection Program. The Landfill operator shall
develop and implement a stream sampling program for Marsh Creek.
The program shall include upstream and downstream sampling of the
discharge from the sediment basins during rainy season storms
which produce significant flow in the creek. The water samples
shall be analyzed for the following: Chemical Oxygen Demand,
19.
specific conductance, pH, Total Dissolved Solids, chlorides,
sulfates, total iron, and nitrates (such as NO3). If the samples
exceed regulatory limits, the operator shall notify the CVRWQCB
and take remedial action. The creek protection program shall be
approved by the CVRWQCB and the County Health Services Depart-
ment.
.4 Surface Water Management and Sediment Control Plan. The Landfill
developer shall prepare and implement a surface water management
and sediment control plan, which shall be subject to the approval
of the County Community Development Department. The plan shall
prevent substantial erosion on project site slopes and reduce the
amounts of water-borne materials from reaching surface waters.
It shall include the components listed below, and it shall be
included in the Final Development and Improvements Plan.
(a) Primary Grading. The Landfill developer shall perform
primary grading for the project's fill modules, cover,
roads, paved areas, building sites, and the construction of
site slopes during the April through October low rainfall
season.
(b) Temporary Flow Restriction. If grading must be done during
rainy periods, or if erosion is occurring on previously
graded areas, the Landfill developer shall take corrective
actions, which may include the installation of ground cloth
or the placement of hay bales.
(c) Ground Cover. The Landfill developer shall plant ground
over on graded areas which are not to be developed within 90
days. ,The ground cover shall be consistent with the Land-
scaping Plan.
(d) Ditch/Swale Liners. The Landfill developer shall line any
ditches and swales for conveying surface runoff across
sanitary Landfill areas to limit water infiltration.
Drainage-ways across other areas shall be lined or planted
to limit erosion.
(e) Sedimentation Ponds. The Landfill developer shall install a
sedimentation pond system, based on a 1,000-year .24-hour
storm, to hold and process drainage from the Landfill
property. The Landfill developer shall develop a program
for monitoring storage volumes in the sedimentation ponds
and releasing water depending on expected rainfall. The
program shall include a preventive maintenance component
which shall include a program for clearing of sedimentation
ponds and maintenance of perimeter ditches and vegetative
cover. The program shall be subject to approval from the
County Community Development, Health Services, and Public
Works Departments, and the Central Valley Regional Water
Quality Control Board.
20.
(f) Runoff Conveyance. Erosion to ditches or - gullies used to
convey runoff shall be corrected by use of appropriate
measures such as energy dissipators or rip rap.
.5 Monitoring. The Landfill developer shall prepare and implement a
surface water monitoring program to check for possible contamina-
tion of off-site surface water drainage facilities. Sedimenta-
tion pond outflow shall be monitored. The monitoring program
shall be subject to approval of the County Health Services
Department, the County Community Development Department, and the
Central Valley Regional Water Quality Control Board.
.6 Floodplain Restriction. The Landfill developer shall not place
buildings or materials within the 100-year flood plain.
19. HAZARDOUS WASTE
.1 Hazardous Waste Ineligible. See Condition 6.4.
.2 Load Inspection. See Section 7.
.3 Household Hazardous Waste Program. The Landfill operator shall
develop a household hazardous waste collection and management
program for the service area which is consistent with the County
Hazardous Waste Management Plan and with the County Wide Inte-
grated Solid Waste Management Plan. The program shall be subject
to the approval of the County Health Services and Community
Development Departments. The household hazardous waste shall be
managed in accordance with the "Waste Minimization Hierarchy"
identified in the County' Hazardous Waste Management Plan. The
operator is encouraged to develop the program in cooperation with
other waste management facilities and collection services. The
proposed program, along with a schedule of proposed costs and
funding sources, shall be submitted to the County departments no
later than 6 months prior to the opening of the land-fill. The
program shall include mechanisms for removing household hazardous
waste from the wastestream which arrives at the facility. If the
household hazardous waste program (or a version of it) is
approved by the County Board of Supervisors, and the program is
funded, the Landfill operator shall implement it. The Landfill
household hazardous waste program shall include a public informa-
tion and education program approved by the County Health Services
Department and the County Hazardous Materials Commission for
notifying facility users and households in its service area of
what constitutes hazardous waste and how such wastes are to be
disposed of. The household hazardous waste program may be amend-
ed if required by the County Board of Supervisors in their review
of the Land Use Permit.
21.
.4 Transfer Station Pre-screening. The Household Hazardous Waste
Program shall include pre-screening at transfer station(s) for
identification and separation of hazardous materials. In addi-
tion, Landfill entrance load screening procedures and .a manual
check program during unloading operations shall be included.
Landfill operators shall be instructed to investigate suspicious
containers for hazardous materials during bulldozing and other
activities. Any hazardous materials found shall be set aside for
proper collection and disposal.
.5 Regulatory Agency Approvals. The collection and storage of toxic
and hazardous waste pursuant to this section shall be subject to
County Health Services Department, State Department of Health
Services, and other regulatory agency approvals.
20. AIR QUALITY PROTECTION
.1 Prevention of Air Quality Deterioration. The Landfill operator
shall manage the facility in a manner that does not result in the
significant deterioration of air quality in the vicinity of the
site or in the Bay Area. The condition shall be interpreted as a
requirement that the Landfill comply with terms of the Authority
to Construct/Permit to Operate entitlements issued by the Bay
Area Air Quality Management District.
.2 Odor Containment. The Landfill operator shall operate the
Landfill in a manner that prevents odors from being detected
off-site, pursuant to Regulations 7-101 and 7-102 of the Bay Area
Air Quality Management District. If odors are reported to the
County Health Services Department, or reports are relayed from
the Bay Area Air Quality Management District, the County Health
Services Department may require additional physical improvements
or management practices, as necessary, to alleviate the problem.
A small working face of 3 acres shall be maintained. A Landfill
gas collection system and flaring mechanism (Condition 20.13)
shall utilize Best Available Control Technology (BACT) to reduce
Landfill gas as a source of odor. If odors are detected in
surrounding areas, complaints shall be logged by a Landfill
operator. The source of the odor shall be identified and
corrected. A response to the person lodging the complaint shall
be made within 48 hours, detailing the problem and remedial
action taken. The County Health Services Department shall have
the authority to cease disposal at a particular area of the
Landfill to control odors.
.3 Refuse Cover. The Landfill operator shall cover newly disposed
refuse with compacted soil cover meeting the requirements of the
State of California (currently, a minimum of b inches of daily
cover). All working faces of the Landfill shall be covered by
the end of the working day. Intermediate cover, meeting the
t .
22.
requirements of the State (currently a minimum of- 12 inches)
shall be applied over each layer of cells ("lift"). The
frequency of cover shall increase in order to control odor,
litter, or birds and vectors, if necessary, or if required by the
Landfill's Solid Waste Facilities Permit.
.4 Substitute Cover Materials. The use of a substitute refuse cover
material, including synthetic foam, shall not be allowed unless
the Landfill operator prepares a study of the proposed material,
presents the results to and acquires approval by the Board of
Supervisors and the California Integrated Waste Management Board.
.5 Odoriferous Loads. The Landfill operator shall cover odoriferous
incoming loads immediately.
.6 Dust Suppressants. The Landfill operator shall apply water or
proven environmentally safe dust suppressants at least twice
daily to working faces of the Landfill, unpaved access roads, and
construction areas as determined to be necessary by the County
Health Services Department. The Health Services Department may
require sprinklering more frequently for control of particulates.
.7 Area of Operations. See Condition 17.17 and 22.5.
.8 Air Flow Monitoring. The Landfill operator shall monitor air
flow on the site upon commencement of operations and shall
provide background meteorological conditions including wind
direction, wind velocity, on-site air flows, and temperature
after the Landfill is in operation. These data shall be used to
correlate odor, dust, or litter management with meteorological
conditions. Air flow monitoring reports shall be submitted to
the County Health Services and Community Development Departments.
.9 Contingency Program. Prior to the start of filling operations,
the Landfill operator shall prepare a "bad days" contingency
program for managing the Landfill during periods of unusual wind
speeds or directions, rainfall or drought, or other atypical
situations. This program shall utilize specific site monitoring
information. The Landfill operator shall consider the comments
of the local advisory committee and consult with the Bay Area Air
Quality Management District and the Central Valley Regional Water
Quality Control Board. The program shall be approved by the
County Health Services Department, and it may be revised from
time to time.
.10 Revegetation. The Landfill operator shall revegetate completed
Landfill areas immediately. Revegetation shall be in accordance
with the Development and Improvements Plan and shall be consis-
tent with the County policy on landscaping and water conserva-
tion. Intermediate and final cover areas shall be revegetated
immediately. Excavations shall be revegetated or filled immedi-
23.
ately. Operating areas which will not be used for fill or
construction for 90 days or longer, as well as stockpiled soil,
shall be planted for dust and erosion control and for aesthetic
purposes.
.11 Tree and Shrub Planting. The Landfill developer shall plant
trees and shrubs downwind of the Landfill to aid in trapping
dust. The planting program shall be included in the Landscaping
Plan component of the Development and Improvements Plan.
.12 Gas Control and Collection. The Landfill operator shall install
a Landfill gas control and collection system in accordance with
the regulations of the Bay Area Air Quality Management District.
The system shall have the capacity to operate in an active mode,
using a mechanical vacuum, to withdraw gas from the Landfill.
The system shall be operated in an active mode as soon as practi-
cal. The gas control and collection system shall be installed
concurrently with the placement of wastes in the Landfill and
shall be ready for operation when gas is produced. The gas
collection and related recovery system shall be subject to the
approval of the Bay Air Quality Management District and County
Community Development Department, and it shall be included in the
Development and Improvements Plan.
.13 Landfill Gas Processing. The Landfill developer shall install a
flaring mechanism, in accordance with Bay Area Air Quality
Management District guidelines/regulations, to combust the
collected Landfill gas. The flare shall be of the nonilluminous
_type. Best Available Control Technology (BACT) shall be used, as
defined and approved by the Bay Area Air Quality Management
District, in order to reduce emissions of nitrogen oxides (NOX).
.14 Methane Recovery. The Landfill operator shall install a methane
recovery system simultaneously with the construction of the gas
collection system, preferably utilizing the Landfill gas to
produce energy when the Landfill has developed enough gas to
justify recovery. When required by the County Community Develop-
ment Department, the Landfill operator shall conduct a study to
determine how methane could be recovered from the gas and used
for fuel or as a commodity.
.15 Gas Monitoring. The Landfill developer shall install gas migra-
tion detection probes and wells along the boundary of the
Landfill footprint, near on-site buildings, and in other loca-
tions specified by the Bay Area Air Quality Management District
or the County Health Services Department to monitor for subsur-
face and surface gas migration. The gas monitoring stations
shall be described in the Development and Improvements Plan
approved by the County Community Development Department. If gas
migration is found, the Landfill operator shall notify the County
and take remedial actions. Training of employees for detection
of gas migration shall be included in the employee training
program.
24.
.16 Lateral Gas Barriers. The Landfill developer shall install a gas
barrier or gas collection area on side slopes of the Landfill to
prevent lateral has migration through the sides of the Landfill.
The barrier or gas collection area shall be approved by the Bay
Area Air Quality Management District and shall be .included in the
Development and Improvements Plan.
.17 Settlement Protection. The Landfill developer shall use flexible
piping and lightweight backfill for the Landfill gas collection
system to ensure that settlement of the fill will not affect
operation of the system.
.18 Landfill Gas Testing. The Landfill operator shall test Landfill
gas for its toxic composition and for toxic constituents. The
testing program shall be subject to the approvals of the Bay Area
Air Quality Management District and the County Health Services
and Community Development Departments. The Landfill operator
shall provide the results to the County Community Development
Department and Health Services Departments on a quarterly basis
unless a more frequent interval is specified in the Solid Waste
Facilities Permit.
.19 Leachate Disposal. See Condition 17.10.
.20 Cell Re-Opening. Previously-covered cells shall not be reopened
without permission from the County Health Services Department.
.21 Fissure Repair. The Landfill operator shall inspect the Landfill
daily. Surface cracks, fissures, eroded areas, or inadequately
covered areas on the Landfill may require repairs within 24
hours. This activity shall be included in the employee training
program.
.22 Permanent Road Paving. The Landfill developer shall pave and
maintain permanent access roads to control dust. A road used for
one year or longer shall be considered to be a permanent road.
Road construction shall be described in the Development and
Improvements Plan.
.23 Temporary Road Paving. The Landfill developer shall pave and
maintain temporary roads with gravel or crushed aggregate.
Temporary roads shall be wetted or chemically treated when neces-
sary to control dust. Road construction shall be described in
the Development and Improvements Plan.
.24 Speed Limits. The Landfill operator shall enforce speed limits
set by the County Health Services Department on internal site
roads. The Landfill operator shall install appropriate signs and
speed control devices. The maximum internal on-site speed limit
shall be 20 mph.
25.
.25 Equipment Activity and Maintenance. The Landfill operator shall
maintain Landfill equipment in optimum working order to ensure
that vehicle emissions are controlled and their potential for
causing fires is minimized. Equipment shall be shut off when not
in use. Maintenance records shall be kept on all pieces of
Landfill equipment. The records are subject to review by the
County Health Services Department. Equipment shall be stored,
serviced, and repaired in a maintenance area designated in the
Development and Improvements Plan and approved by the County
Community Development Department.
21. NOISE CONTROL
.1 Noise Control Objective. The Landfill operator shall manage the
facility in a manner that minimizes noise impacts to area resi-
dents.
.2 Noise Monitoring Program. The Landfill operator shall prepare
and implement a noise monitoring and abatement program, which
shall be approved by the County Community Development Department
and Health Services Departments. The program shall monitor day
and night noise levels on a quarterly basis at the following
sensitive receptor locations: Marsh Creek Road at the facility
entrance; Round Valley property line; and the entrance to the
Clayton Regency Mobile Home Park. The Director of Community
Development may specify other monitoring locations. If the moni-
toring noise levels at the Landfill boundary line or other
monitored location exceed 60 dBA during daylight hours, or 50 dBA
during the evening or at night, the County may require the opera-
tor to institute additional noise reduction measures to bring
noise emanating from the Landfill to the aforementioned levels or
less.
.3 Toe Berm. See Condition 22.4.
.4 Mitigation Berms. See Condition 22.6.
.5 Construction Hours. See Condition 32.1.
.6 Operation Hours. See Condition 9.1.
.7 Truck Noise Suppression. The Landfill operator shall require
transfer trucks and other waste hauling vehicles using the
• facility to be equipped with factory-approved noise suppression
equipment, including engine compartment insulation. The Landfill
operator shall request that the California Highway Patrol active-
ly 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,
whether project-related or not.
26.
.8 Landfill Vehicles and Equipment. The Landfill operator shall
provide Landfill vehicles and equipment, during construction and 1
operation, with the best available noise suppressing equipment to
minimize sound generation.
.9 Gas Flare Muffling. If flaring is used to dispose of Landfill
gas, the flares shall be contained in a noise and glare-reducing
housing. The housing shall be subject to the approval of ' the
County Health Services and Community Development Departments and
the Bay Area Air Quality Management District.
22. VISUAL QUALITY
.1 Visual Quality Objective. The Landfill developer shall construct
. and operate the facility in such a manner that the high visual
value of the surrounding area is maintained.
.2 Landscaping Plan. The Landfill developer shall prepare and
implement a site Landscaping Plan. The plan shall enhance the
site's visual values as open space and its functional values as
wildlife habitat. It shall minimize the visual impacts of the
Landfill operations and appurtenant facilities through revegeta
tion and landscape screening. The plan shall show the plant
species, size, and locations to be used to blend in with the
existing natural vegetation. Native and drought-tolerant species
shall be used in accordance with County policy on Water Conserva-
tion Landscaping. A landscape maintenance program will be part
of the plan. A Landscape Plan shall be included in the Develop-
ment and Improvements Plan.
.3 Interim Revegetation. Interim revegetation shall be required on
all areas that will be inactive for more than 90 days. Revegeta-
tion shall include native grasses, shrubs and trees to lend more
variety and natural appearance to the finished Landfill.
.4 Toe Berm. The Landfill developer shall install the toe berm as
soon as practical at the lower (northwest) end of the Landfill,
which shall be landscaped to shield the view of the disposal area
from Marsh Creek Road and reduce noise. The berm shall be
included in the Development and Improvements Plan.
10
.5 Area of Operations. Except during construction of modules and
other major installations, the Landfill operator shall limit
unvegetated working areas of the Landfill, including the daily
working face, to 25 acres for appearance and to control dust and
erosion. The restriction shall not apply to grading for founda-
tions, cover, site roads, berms and other construction, providing
these are carried out expeditiously.
27.
.6 Mitigation Berms. If required by the County Community Develop-
ment Department, the Landfill developer shall install landscaped
mitigation berms at the face of each lift in areas visible from
off the site, before beginning refuse disposal on the lift. The
berms shall be included in the Development and Improvements Plan.
.7 Entrance Screening. The Landfill developer shall install land-
scaping along Marsh Creek Road adjacent to the Landfill site to
screen the entrance area and facilities from Marsh Creek Road
users. This screening shall make use of existing trees and be
planted as soon as possible during construction, prior to the
beginning of Phase I operation. The entrance screening program
shall be included in the Landscaping Plan.
.8 South Ridge Planting Screen. The Landfill developer shall estab-
lish a visual berm and/or planting screen of drought and wind
tolerant trees and shrubs in the "saddle" to mask the portion of
the Landfill visible from Round Valley.
.9 Water Tank Screening. The Landfill developer shall provide
landscaping to screen the facility's water tanks and the Contra
Costa Water District's water storage reservoir tank. Where
possible, the landscaping shall be installed prior to the instal-
lation of the tanks. Consideration shall be given to subsurface
or partially buried tanks, and to painting structures with
earth-tone colors. The water tank screening program shall be
included in the Development and Improvements Plan.
.10 Tree Retention. The Landfill developer shall utilize as many
existing trees as possible, particularly at the entrance and on
the southwest-facing slope.
.11 Lighting. The Landfill developer shall design and locate the
lighting system to reduce glare and to not substantially impact
area residents. Focused directional security and operational
lighting shall be in-stalled. Operation lighting on the working
face shall be turned off by 8:30 p.m. Security and entrance
lighting shall be dimmed at 8:30 p.m. If the operating hours of
the Landfill are changed pursuant to the provisions of Condition
9.1, the Director of Community Development may specify new
lighting time restrictions.
.12 Trail Easement. The Landfill operator shall consult and coordi-
nate with the County and the East Bay Regional Park District when
these agencies are implementing plans for regional trails in the
area. If a trail is to be located across a portion of the Land-
fill property, the Landfill operator could be required to
dedicate a trail easement and to ensure adequate landscape
buffers/screening to minimize conflict of land use.
2s.
.13 Litter Control. See Section 25.
1
23. BIOTIC RESOURCES
.1 Biotics Protection Objective. The Landfill 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 Revegetation Plan. The Landfill developer shall design and
develop a Revegetation Plan as part of the Landscape Plan to
consist of the following components.
a) Revegetation Practices Program. This program shall include
but not be limited to a listing of species to be used
(native, drought-tolerant types), identification of sizes
and locations, and appropriate application specifications.
b) Revegetation Schedule. The schedule should be coordinated
with facilities development and Landfill module phasing.
c) Weed Monitoring and Control Program. This program shall
include but not be limited to a listing of noxious weeds, a
monitoring program, and abatement measure options.
d) Wildlife Enhancement Program. The revegetation plan shall
be designed to rehab:`_ata or reestablish the vegetative
types that existed c.:! ne . i.•: before the Landfill, where
feasible, in order to support wildlife dispersing from
surrounding areas.
.3 Habitat Preservation and Enhancement Plan. The Landfill develop-
er shall design and develop a Habitat Preservation and Enhance-
ment Plan as part of the Development and Improvements Plan to
consist of the following components.
a) Oak Woodland Program. The Landfill developer shall replace/
enhance a minimum of 140 acres of blue oak woodland habitat
through an on- or off-site mitigation program. The develop-
er shall be responsible for acquisition of any land required
for this program, for the planting of, trees, and for a
maintenance program, which shall be effective for the opera-
tional life of the Landfill. These programs shall be
designed and implemented in consultation with the East Bay
Regional Park District and the County Community Development
Department. The Board of Supervisors may require the opera-
tor to dedicate the property or deed all development rights
for•the off-site enhancement area to the County, or a public
agency of the County's choosing.
b) Wetlands Program. The Landfill developer shall replace/en-
hance a minimum of 3 acres of wetlands equal in type to
those eliminated by site development. This program shall be
developed and implemented by the developer, in consultation
29.
with the U.S. Army Corps of Engineers, California Department
of Fish and Game (CDFG), and the County Community Develop-
ment Department, as appropriate.
c) Red-legged Frog Management Program. Designed and implement-
ed by the Landfill developer in consultation with the CDFG,
this program shall ensure the maintenance of the red-legged
frog population on the site.
d) Marsh Creek Protection Program. The Landfill developer
shall design and engineer the new road crossing of Marsh
Creek in conjunction with the CDFG's Stream Alteration
Agreement requirements to ensure the protection of that
creek habitat. Also see Condition 18.3.
.4 Phased Construction. The Landfill operator shall construct and
operate the Landfill in phases in order to reduce the acute
impact to vegetation and wildlife habitat. Mature trees should
be removed only as needed, not more than one year in advance of
module development.
.5 Grazing. The Landfill operator shall exclude any grazing activi-
ties from the site during the operating life of the Landfill to
allow natural restoration of existing degraded grassland for the
purpose of enhancing vegetative habitat on undisturbed areas.
This condition shall not preclude consideration of grazing after
Landfill closure.
.6 Wildlife Exclusion and Vector Control. The Landfill operator
shall construct fences around the site, limit the size of the
working face, and cover refuse at least daily in order to exclude
wildlife and control vectors at the site. The wildlife fencing
program shall be designed in consultation with the CDFG and the
U.S. Fish and Wildlife Service (USFWS).
.7 Vegetation Protection. The Landfill developer shall employ dust
suppression measures to prevent damage from dust loading on
vegetation (see Condition 20.6). Periodic watering of vegetation
adjacent to the fill working area should be used to clean the
vegetation.
.8 Wildlife Surveys. Prior to the Final Development and improve-
ments Plan submittal, the Landfill developer shall conduct
additional surveys to establish the presence or indicate the
• absence of the following species at the Landfill site.
a) San Joaquin kit fox. The survey shall be conducted accord-
ing to USFWS recommendations. If dens are found, the
developer shall follow USFWS guidelines regarding appropri-
ate mitigation procedures.
1
30.
b) Checkerspot Butterfly. A rare plant survey -,for Plantago
erecta, the butterfly's host plant, shall be conducted j
during March to May. If evidence of the plant is found, the
Landfill developer shall notify the USFWS, which would
determine appropriate mitigation.
c) California Tiger Salamander and Alameda Whipsnake. This
survey shall be conducted in the appropriate season prior to
construction. If either are found, the developer shall
notify the USFWS, which would determine appropriate mitiga-
tion.
24. BIRD AND VECTOR CONTROL
.1 Bird and Vector Control Objective. The Landfill operator shall
.manage the facility in such a manner that discourages birds, and
prevents and controls vectors at the site.
.2 Refuse Cover. See Condition 20.3
.3 Working Area Limitations. See Conditions 17.17 and 22.5.
.4 Bird Control. If birds become a problem at the Landfill in the
judgement of the County Health Services Department, the Landfill
operator shall institute a contingency bird control program.
Such a program may consist of monofilament or wire lines suspend-
ed in the air at appropriate intervals over and around the active
disposal area. The Landfill operator shall retain a biologist
during the initial period of operation to (1) assess the effec-
tiveness of the monofilament line for bird control and (2) assess
the effect of the line on avian predator species. If necessary,
additional corrective measures shall be taken at that time. Such
measures may include a reduction in the size of the working face
of the Landfill, the use of nets over the working face, or the
use of a habitat manipulation and modification program.
.5 Rodent Control. If waste compaction does 'not eliminate live
rodents from the Landfill footprint, or if rodents (other than
small numbers of field mice, etc.) occupy facility landscaping or
agricultural areas, the operator shall work with the County
Health Services Department to identify the reasons for the pres-
ence of rodents and make appropriate changes in operational
procedures. If an eradication program is necessary, the use of
alternative rodent control programs such as sustained live
trapping using nonpoisonous baits, and natural biological control
shall be considered. Anti-coagulants shall be administered by a
pest management professional in a manner which minimizes exposure
to avian predators. Class 1 pesticides shall not be used.
31.
.6 Mosquito Control. The Landfill operator shall grade"areas within
the Landfill property to prevent ponding of water which could
harbor mosquitos (except for sedimentation ponds and riparian
habitat, areas). Sedimentation ponds shall be stocked with
mosquito fish. If a mosquito problem persists, the County Health
Services Department may require the preparation and implementa-
tion of additional mosquito control measures, such as spraying of
non-toxic larval suppressant.
.7 Fly Control. The Landfill operator shall limit the size of the
working face and shall cover refuse daily in order to prevent fly
proliferation. If an eradication program is necessary, the use
of a pest-control specialist shall be considered.
25. LITTER CONTROL
.l Litter Control Objective. The Landfill operator shall manage the
facility in a manner that confines litter to the working face of
the Landfill, prevents litter from accumulating on other parts of
the site, and prevents litter from being blown off the site.
.2 Load Covering. The Landfill operator shall implement a program
to limit uncovered loads from arriving at the Landfill. The
program shall be subject to the approval of the County Health
Services Department.
.3 Load Cover Enforcement. If routine enforcement of load cover
requirements is not effective, the Landfill operator shall offer
to contract with the Sheriff's Department to enforce regulations
requiring the covering of trucks and trailers.
.4 Contingency Litter Control. Under windy conditions, the Landfill
operator shall cover the refuse with soil as often as necessary
to control blowing litter. The County Health Services Department
shall have the authority to enforce this requirement.
.5 Portable Litter Fences. The Landfill operator shall install
portable fencing near the working face of the Landfill to inter-
cept wind-blown debris.
.6 Permanent Litter Fence. The Landfill operator shall install a
permanent fence of wire around the current fill area of the
Landfill. The location shall be subject to the approval of the
• County Health Services Department.
.7 On-Site Litter Policing. The Landfill operator shall remove
litter from the litter fences and planting screens at least once
each day. On-site roads shall be policed at least daily. The
County Health Services Department may require more frequent
policing to control the accumulation of litter.
• 32.
.8 Off-Site Litter Policing. The Landfill operator shall provide
weekly (or more frequent) litter clean-up along Marsh Creek Road
from the Morgan Territory Road/Marsh Creek Road intersection to
Walnut Boulevard and from the Deer Valley Road/Marsh Creek Road
intersection north to Chadbourne Road during the Landfill's first
year of operations. Based on the experience of this period, the
County Health Services Department may modify frequency of
clean-up and/or area of coverage. If wind-blown litter from the
Landfill reaches other properties, the. County Health Services
Department may require the Landfill operator to remove the litter
and may require the operator to institute additional measures to
prevent recurrence of the problem.
.9 Littering Signs. The Landfill operator shall post signs, as
determined necessary by the County Public Works Department, along
access roads to the Landfill noting littering and illegal dumping
laws. The Landfill operator shall post signs at the Landfill
entrance noting the hours when the Landfill is open. The
operator should periodically publish these laws and operating
hours in mailings to Landfill clientele.
.10 Clean-Up Bond. The Landfill developer shall deposit a surety
bond for $10,000 payable to the County to use for clean-up in the
event of emergency or disputed littering or spills.
26. PUBLIC HEALTH AND SAFETY
.1 Public Health and Safety Objective. The Landfill operator shall
manage the facility in a manner which does not impair the public
health and safety of persons living in its vicinity, Landfill
users, or Landfill employees.
.2 Emergency Plan. The Landfill operator shall prepare an emergency
plan specified by the Solid Waste Facilities Permit and approved
by the County Health Services Department. 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.
.3 Employee Safety Equipment. The Landfill operator shall provide
or require employees to provide safety equipment, such as safety
glasses, hard hats, safety shoes, gloves, coveralls, and noise
reducers as required by state and federal safety agencies and the
County Health Services Department.
33.
.4 Employee Training. The Landfill operator shall -develop and
implement training and subsequent refresher training programs
covering accident prevention, safety, emergencies and contingen-
cies ("bad-day" scenarios), gas detection, identification of
hazardous materials and ground fissures, first aid, and instruc-
tion in the use of equipment. The programs shall be subject to
the approval of the County Health Services Department.
.5 First Aid Equipment. The Landfill 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 County Health Services Department.
.6 Emergency Communications. The Landfill 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 Landfill and
in other work areas. The communications system shall be subject
to the approval of the County Health Services Department.
.7 Emergency Eye Baths and Showers. The Landfill operator shall
provide facilities for emergency eye baths and emergency showers.
The facilities shall be subject to the approval of the County
Health Services Department.
.8 Equipment Maintenance. The Landfill operator shall prepare and
implement an equipment maintenance program which shall be
approved by the County Health Services Department prior to the
commencement of operations. The program shall address transfer
vehicles and other refuse-conveying vehicles stored on the site
as well as ' the transfer station's refuse-moving vehicles and
mechanical equipment. Vehicles and equipment shall be regularly
Inspected and cleaned to reduce the risk of fires.
.9 Vehicle Inspection Area. The Landfill developer shall construct
a vehicle inspection/weighing area accessible by the California
Highway Patrol.
.10 Gas Migration Monitoring. The Landfill operator shall prepare
and implement a gas migration monitoring program to detect under-
ground gas migration. Landfill buildings and paved areas' within
1,000 feet of the Landfill shall be monitored. The monitoring
program shall be approved by the County Health Services Depart-
ment.
.11 Refuse Cover. See Condition 20.3.
.12 Load Inspection. See Section 7.
34.
27. SITE SECURITY
.1 Security Objective. The Landfill operator shall manage the
facility in a manner that prevents unauthorized persons from
having access to the working areas of the Landfill both during
_ and after operating hours.
.2 Security Fencing. The Landfill developer shall install a securi-
ty fence around the perimeter of the site with lockable gated
entrances and exits. The fence shall be located to minimize its
visual impacts. It shall be included in the Development and
Improvements Plan.
.3 Security Staffing. The Landfill operator shall staff the Land-
fill 24 hours per day. Private security services may be retained
.when the site is not open.
.4 Security Lighting. The Landfill developer shall install and
operate adequate lights at the entrance area to the Landfill.
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.
28. CULTURAL RESOURCES
.1 Cultural Resource Preservation Objective. The Landfill developer
shall construct the facility in such a manner that preserves or
documents important archaeological or historic sites.
.2 Site CA-CCo-603H (Foskett House). The Landfill developer shall
protect the historic structure identified as CA-CCo-603H in the
Environmental Impact Report (EIR). If this structure is used as
a site facility, the Landfill operator shall preserve as much of
the original appearance and integrity of the structure as possi-
ble.
.3 Sites CA-CCo-545H, CA-CCo-588, and CA-CCo-602. The Landfill
developer shall subject these sites, identified as such in the
EIR , to detailed significance evaluations. These investigations
shall be conducted by qualified professionals in East Bay pre-
historic studies. If any site is found to be significant, the
Landfill developer shall implement the following mitigation
measures.
a) Avoidance of the site through modification of the Landfill
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 excava-
tion shall be accomplished by a qualified professional.
35.
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.
_ .4 Archaeology. The Landfill operator shall cease work in the
immediate area if buried human remains or archaeological features
(e.g. , petroglyphs) are uncovered during construction or opera-
tion. 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 County Community Development Department
shall also be notified.
29. TRANSPORTATION AND CIRCULATION
.1 Traffic Objective. The Landfill operator shall manage the facil-
ity in such a manner that provides safe, efficient transport of
solid waste on adequate roads, while minimizing congestion on the
major road system and impacts to local residents.
.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 Landfill developer
unless other arrangements are specified.
.3 Access Route. Access to the Landfill site shall be via State
Highway 4, Walnut Boulevard, and Marsh Creek Road. When con-
structed, the Delta Expressway shall become the principal access
route. No trucking associated with the Landfill operations shall
be permitted on Marsh Creek Road, west of the site. The Landfill
operator shall specify use of the prescribed route in all user
contracts and shall notify non-contract users of the requirement.
.4 Submittals to Public Works Department. The Landfill developer
shall submit improvement plans and cost estimates 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 con-
struction inspection fees and post security for all improvements
required by the Contra Costa County Ordinance Code or the Condi-
tions of Approval of this development.
36.
Preliminary plans of both on-site and off-site road and bridge
improvements shall be submitted to the Engineering Services
Division of Public Works for review and approval prior to com-
mencing work on the detailed plans. The preliminary plans shall
be drawn to scale and shall show proposed geometric layout,
profiles, typical sections, lane delineation and other pavement
markings, and signing. The preliminary plans shall be subject to
-� the approval of the East Diablo Fire Protection District.
The Landfill developer shall deposit a cash deposit with Contra
Costa County, the amount to be determined, which represents the
estimated cost of full time qualified construction inspectors 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 expendi-
tures will be refunded to the applicant.
.5 Landfill Access Road. The Landfill developer shall install a
paved'two-lane access road between Marsh Creek Road and the work-
ing face of the current Landfill. A new bridge across Marsh
Creek, with a paved roadbed width of at least 26 feet, shall be
provided. A paved facility parking lot, turnaround lane, and
parking/turnoff lanes shall be provided. The geometrics shall be
designed based on the largest type of trucking potentially avail-
able for hauling. On-site road lane widths shall be at least 10
feet, with additional widening as necessary to facilitate turn-
ing. All weather shoulders, 3 feet in width (minimum), shall be
constructed adjacent to all paved surfaces which are not
protected by asphaltic concrete dikes or curbs. The structural
section will be designed using the Caltrans method evaluating the
R-Value and Traffic Index, both of which will be determined by
the County. The Landfill access roads shall remain private and
will not be accepted by the County for maintenance. The on-site
roadways and bridge shall be maintained by the developer, as
necessary, to keep the facilities in as good as new condition at
all times. An occasional graded aggregate-surfaced road, where
necessary, shall be constructed and maintained to support the
expected traffic, and shall be watered periodically, or treated
with a dust palliative to control excessive dust.
.6 Roadway Clearances. Horizontal and vertical clearances from the
roadway to obstructions shall be obtained from the ealtrans
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 refer-
ring 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.
37.
.7 Landfill Entrance. Prior to Landfill operations, the Landfill
developer shall fully construct the Marsh Creek Road entrance to
the site. This local on-site improvement shall provide for the
widening and realignment of Marsh Creek Road, construction of
acceleration, deceleration and left turn lanes. Standards of
design, and lengths and widths of the various elements of the
-- intersection shall be subject to review and approval of the
Public Works and Community Development Departments.
.8 Marsh Creek Road. Prior to Landfill operations, the Landfill
developer shall fully widen, reconstruct, overlay and/or realign
Marsh Creek Road, between the Landfill entrance and the Walnut
Boulevard intersection. The final roadway section shall provide
32 feet of pavement, with all-weather shoulders at least 3 feet
(or as required by Caltrans or ASSHTO standards) in width on each
side. The design speed shall be the anticipated travel speed of
the improved roadway plus 10 mph, and will be determined by the
County' Traffic Engineer. Truck climbing lanes and turnouts may
be required if determined necessary by the Public Works Depart-
ment. Necessary drainage and associated miscellaneous items of
work shall be installed, Any rights of way, other agency per-
mits, construction entries, or easements necessary to accomplish
the total work described herein shall be acquired by the develop-
er at his sole cost, and such rights of way shall be deeded or
otherwise dedicated to Contra Costa County. Acceptance of all
new work and right of way will be done by Contra Costa County
upon successful completion of the final inspection and expiration
of warrantee period. All pavement work shall be designed for a
20-year life. The improvements required herein are to be
considered staging of the ultimate 72-foot wide roadway and be
compatible therewith. This work will consist generally of five
sections discussed below:
8. Prior to Landfill operations, the Walnut Boulevard/Marsh
Creek Road intersection shall be widened, reconstructed, and
overlayed as necessary to provide adequate left and right
turn lanes for vehicles accessing and returning from the
Landfill. The engineer shall submit preliminary plans for
the review and approval of the Public Works Department.
Intersection lighting may be required.
b. Prior to Landfill operations, the Deer Valley Road/Marsh
Creek Road intersection shall be widened, reconstructed and
overlayed as necessary to provide adequate left turn chap-
nelization on Marsh Creek Road. The engineer shall submit
preliminary plans for the review and approval of the Public
Works Department. Intersection lighting may be required.
C. Prior to Landfill operations, Marsh Creek Road, at the
entrance to the Clayton Regency Mobile Home Park, shall be
widened, reconstructed and overlayed as necessary to provide
adequate left turn channelization. The engineer shall
38.
submit preliminary plans for the review and approval of the
Public Works Department. The westbound lane shall be least
20 feet measured between the painted centerline stripe and
the top of the embankment or sound wall as appropriate.
intersection lighting may be required.
d. Prior to Landfill operations, the Landfill developer shall
participate in an improvement district, benefit area, or
other cooperative arrangement with Contra Costa County and
the City of Brentwood to improve the Balfour Road/Walnut
Boulevard intersection. The amount due from .the developer
shall be proportionate to the anticipated Landfill truck
traffic at the intersection. The extent of the improvements
and the amount due from the developer shall be mutually
defined by the County and the City and approved by the
County. " The new intersection shall be sketch planned and
estimated by the developer's engineer and submitted to the
Public Works Department of Contra Costa County and the City
cf Brentwood for review. The design shall be subject to
final approval by the County. The new intersection shall be
operational when the Landfill opens. Unless an improvement
district or alternative is established by January 1, 1991,
it will be necessary for the Landfill developer to advance
the money for the project to assure timely completion prior
to commencing Landfill operations. Upon establishment of
the improvement district, the funds so advanced will be
subject to partial refund under a separate agreement with
the County. Contra Costa County will administer the
project. Any funds received for the project shall be placed
in a separate account, and shall be subject to the approval
of the Board of Supervisors.
.9 Compliance with Bridge and Thoroughfare Fee Ordinance. The Land-
fill developer shall comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Countywide Area of
Benefit, East County Region, and the East/Central County Travel
Corridor Area of Benefit as adopted by the Board of Supervisors.
Because of the unusual nature of the project, the rate of fee for
the Countywide Area of Benefit shall be calculated specially for
the Landfill operation, based on the traffic impacts, and shall
be subject to the approval of the Board of Supervisors.
.10 Delta Expressway Funding. The Landfill operator shall partici-
pate in an improvement district, benefit area, or other coopera-
tive arrangement, to assist in funding the construction of the
Delta Expressway. The Landfill operator shall be required to pay
an amount for the construction proportionate to the traffic
generated by the Landfill, adjusted for truck use. The County of
Contra Costa, with review by Caltrans, shall prepare the design
and cost estimates, and the prorata developers' share. Funds
from the Landfill operator shall be deposited in a separate
account established by the County to be used exclusively for the
Delta Expressway. Disbursements shall be subject to the approval
of the Board of Supervisors.
39.
.11 Recreation Facilities Relocation. The Clayton Regency recrea-
tional facilities shall be relocated by the Landfill developer,
at his sole expense, before Landfill operations begin, or shall
otherwise be protected from errant traffic and noise. The
relocation plan or protection shall be subject to the review and
approval of the mobile home parks' owner, the mobile home park
association, and the County Community Development Department.
The Director of Community Development may modify this condition
if the Director determines that its implementation is
impractical.
.12 Peak Period Traffic Management. The Landfill developer shall
prepare a study, in conjunction with the operators of transfer
stations serving the Landfill, for managing transfer vehicle
traffic to reduce peak period conflicts with traffic on Highway
4. The study shall identify changes to the conditions of approv-
al needed to implement a peak-period traffic reduction program.
The study shall be approved by the County Public Works and Commu-
nity Development Departments and shall be provided to the County
_ Community Development Department with the Development and
Improvements Plan. The -Director of Community Development shall
specify peak period traffic restrictions. In accordance with the
findings of the study, the Director of Community Development may
order the preparation of subsequent studies and specify subse-
quent peak period restrictions if the Director has cause to
believe that needs or conditions have changed. The Landfill
operator shall comply with such restrictions and shall require
compliance in contracts with Landfill users. The study shall
consider the following recommendations identified in the project
EIR.
a. Transfer trucks should not leave the Landfill between 5:00
a.m. and 8:00 a.m.
b. Transfer trucks should not leave the West Contra Costa
Sanitary Landfill between 2:00 p.m. and 6:00 p.m.
C. Transfer trucks shall not leave the Acme Transfer Station
between 3:00 p.m. and 6:30 p.m.
.13 Bicycle and Pedestrian Paths. Bicycle and pedestrian improve-
ments shall be planned by the Landfill developer. A path system
along Marsh Creek Road shall be planned and incorporated into the
various improvement plans, and shall be incorporated into the
Transportation and Circulation Plan. The plan shall also be
included in the Development and Improvements Plan. The plan
shall attempt to locate the facilities away from the the highway
pavements. Caltrans standards shall apply to the bicycle path
system. The plan shall be subject to the review and approval of
the Public Works Department and the Community Development Depart-
ment.
40.
.14 Water Transport. Water transport to the site during construction
shall be limited to 5,000 gallons per 3-axle truck and 7,500
gallons per 5-axle truck on Marsh Creek Road, due to the antici-
pated pavement condition on Marsh Creek Road. Legal weight
restrictions imposed on any access route must be observed.
Dependent upon the outcome of deflection studies, and the con-
struction schedule, this requirement may be modified upward by
the Public Works Department on Marsh Creek Road east of the site.
The restriction will not be changed on Marsh Creek Road west of
the site. Using equipment other than that specified shall
require Public Works Department approval.
.15 Road Maintenance. Prior to beginning of operations, the Landfill
developer shall enter into a road maintenance agreement with
Contra Costa County for Walnut Boulevard and Marsh Creek Road.
The agreement shall obligate the developer to pay the County,
quarterly, a proportional share of the perpetual cyclic road
maintenance costs as will be determined by the Public Works
Department. The share shall be prorated on the basis of
projected truck loadings.
30. SITE SERVICES AND UTILITIES PLAN
.1 Objective. The Landfill developer shall design, develop and
manage the facility in such a -hat services and utilities
adequately meet the Landfill's requirements, while ensuring the
protection of site employees, residents and the surrounding
environment.
.2 Site Services and Utilities Plan. The Landfill developer shall
prepare and submit a Site Services and Utilities Plan, and obtain
the approval of the County Community Development Department prior
to beginning construction. The Site Services and Utilities Plan
shall include:
a) A fire protection component (see Condition 30.8).
b) A water service component (see Condition 30.3).
.3 Water Service Component. The Landfill developer shall prepare
and implement a Water Service Component, covering available water
resources, estimated total water needs and supplies, Landfill
construction and operation, landscaping, fire protection,
employee hygiene and human consumption water needs, and water
supply sources. Potable water shall be provided for hygiene and
consumption.
.4 Water District Annexation. Extension of a water pipeline to the
Landfill site would require Contra Costa County Local Agency
Formation Commission (LAFCo) actions, including amendment of the
Contra Costa Water District's (CCWD) Sphere of Influence and
annexation of the project area by the CCWD. The Landfill
developer is responsible for applying to the CCWD for a water
pipeline extension.
41.
.5 Water Pipeline Extension. Upon approval of the Landfill develop-
er's request for water district annexation and water service, the
CCWD would be responsible for designing, estimating the cost, and
constructing the pipeline extension. All costs of extending a
water pipeline to the Landfill site, including a CCWD reservoir
tank, shall be borne by the Landfill developer.
.6 Temporary Water System. The Landfill developer may import water
to the site via trucks during the construction phase of Landfill
development. The source of the imported water shall be the
hydrant on Morgan Territory Road, 100 yards south of Marsh Creek
Road. The "construction phase" refers to those activities. of
Landfill development up to, but excluding, the acceptance of any
waste. The Landfill developer shall meet all requirements of the
Contra Costa Water District, the East Diablo Fire Protection
District, and the County before importation commences.
.7 Construction Timing. Access roads and water supply systems shall
be installed and in service prior to any combustible construction
and/or related Landfill activity. No construction, excavation,
or grading work shall be started on this Landfill facility until
a plan for the water supply system has been submitted to and
approved by the County Health Services Department.
.8 Fire Protection Component. The Landfill operator
shall develop and implement a Fire Protection Component meeting
the requirements of the East Diablo Fire Protection District to
contain and extinguish fires originating on the Landfill property
and off-site fires caused by landfill operations. It shall
include a training for all employees. The program shall be
subject to the approval of the County Health Services Department.
.9 Fire Fighting Water Main. The Landfill developer shall provide
sufficient size and quantity of above-ground main, which when
connected to the respective storage tank, shall be capable of
supplying the required portable monitor (see Condition 30.12)
with a minimum fire flow of 1,000 GPM delivered to the working
face of any open cell in the Landfill operation.
.10 Fire Cover. The Landfill operator shall store a supply of soil
nearby the working face to be used for fire suppressant. The
adequacy of the cover stockpile shall be determined by the County
Health Services Department in cooperation with the East Diablo
Fire Protection District.
.11 On-Site .Water Storage. The Landfill developer shall provide an
adequate and reliable water supply for fire protection which
shall include on-site storage. The storage tank(s) shall have a
useable capacity of not less than 240,000 gallons of water and
shall be capable of delivering a continuous flow of 1,000 gallons
per minute.
42.
.12 Fire Fighting Appliance. The Landfill operator shall provide a
minimum of one (1) approved portable master-stream firefighting l
appliance (monitor) located within fifty (50) feet of each work-
ing face of any open cell in the Landfill.
.13 Fire Breaks. The Landfill developer shall provide and maintain
firebreaks as follows: a) A minimum 100-foot firebreak around
the perimeter of each Landfill disposal area, b) A minimum 60-
foot firebreak around the perimeter of the entire site and around
any buildings or similar structures. The firebreaks shall be
placed to minimize any adverse visual effects. Their locations
shall be subject to the approval of the East Diablo Fire Protec-
tion District. The firebreaks shall be included in the Develop-
ment and Improvements Plan.
.14 Fire Extinguishers. The Landfill operator shall provide Landfill
equipment with fire extinguishers large enough to fight small
fires on the equipment or on the Landfill. The extinguishers and
their distribution shall be subject to the approval of the County
Health Services Department and the East Diablo Fire Protection
District.
.15 Equipment and Cleaning. See Condition 20.25.
.16 Smoldering Loads. The Landfill operator shall check incoming
loads and direct vehicles hauling smoking or burning trash to a
designated place apart from the current fill area. The loads
shall be dumped immediately and the fire extinguished before the
waste is incorporated into the fill.
.17 Emergency Equipment Access. The Landfill operator shall desig-
nate access points and routes for local fire protection agency
access to all parts of the Landfill. The access points shall be
included in the Development and Improvements Plan and shall be
subject to the approval of the East Diablo Fire Protection
District.
.18 Smoking Prohibitions. The Landfill operator shall prohibit
smoking on the Landfill except in designated areas. In no event
shall smoking be allowed near the working face of the Landfill
and the fuel storage area. Signs shall be clearly posted and
enforced. •
.19 Toilets. The Landfill operator shall provide portable chemical
toilets near the active disposal area for use of workers and
drivers. Their placement and maintenance shall be subject to the
approval of the County Health Services 'Department.
S
43.
31. WASTE REDUCTION AND RESOURCE RECOVERY
.1 Waste Reduction and Resource Recovery Objective. The Landfill
operator shall manage the facility in such a manner that complies
with the State's waste management hierarchy of source reduction,
_ recycling and composting, and environmentally safe transformation
and land disposal; and that is consistent with the Countywide
Integrated Waste Management Plan.
.2 1990-1995 Resource Recovery Program. The Landfill operator shall
participate with the transfer station(s) operator(s), route
collection companies and.direct haulers in designing and imple-
menting a resource recovery and recycling program for the service
area which is consistent with the goal of diverting 25 percent of
all solid waste generated in the County from landfill facilities
by January 1, 1995.
.3 1996-2000 Resource Recovery Program. Prior to 1995, the Landfill
operator shall prepare and submit for review and approval by the
County Community Development Department a resource recovery and
recycling program for the service area, covering the period from
1996-2000, which is consistent with the Countywide Integrated
Waste Management Plan's goal of diverting a total of 50 percent
of all solid waste generated in the County from landfill facili-
ties by January 1, 2000.
.4 Materials Recovery. The Landfill operator shall prepare and
implement 'a program for recovering recyclable materials from
refuse loads brought directly to the Landfill. The operator
shall coordinate the material recovery program with the opera-
tor(s)
pera-
tors) of a transfer station(s) serving the Landfill. The
program shall be consistent with' the Countywide Integrated Waste
Management Plan and shall be subject to the approval of the
County Community Development Department.
.5 Composting Project. The Landfill operator shall develop and
implement a pilot program for composting organic material at the
Landfill site. The program may occur off-site, and shall be
approved by the County Health Services and Community Development
Departments. The compost shall be used for Landfill landscaping,
cover material or other approved uses. The purpose of the pilot
project shall be to determine the feasibility of large-scgle on-
site composting. The composting operations shall meet the State
Department of Health Services' regulations on land application,
• if applicable. The pilot project shall be in operation within
six months of the opening of the Landfill. Its results shall be
considered at the second Land Use Permit review.
.6 Wood Chipping. The Landfill operator shall establish a program
to encourage landscape services and construction/demolition
material haulers to segregate wood material for chipping. The
program shall be approved by the County Community Development
Department and shall be placed in operation within six months of
the Landfill's opening.
44.
.7 Methane Recovery. The Landfill operator shall explore the use of
methane in Landfill gas collected for air pollution reduction, as
a fuel or commodity. The operator shall report findings to the
Community Development Department at the time of the Landfill's
periodic reviews. If there is an economic use found for recov-
ered methane, and if the County subsequently includes the use in
.._ its integrated Waste Management Plan, the Landfill operator shall
implement the methane recovery program.
.8 Equipment Maintenance. The Landfill operator shall maintain
motorized Landfill equipment to assure maximum fuel efficiency.
.9 County Resource Recovery Management Program. When directed by
the County, the Landfill operator shall impose a tonnage sur-
charge adequate to support a County Resource Recovery Management
Program consisting of the Office of Resource Recovery Management
and its program. The cost of the program to be supported by the
surch4rge shall not exceed $100,000 at 1987 levels. If other
solid 'waste disposal facilities are subject to this or a similar
condition, the County may pro-rate the cost of the program among
them according to a formula approved by the Board of Supervisors.
10. Fund Recovery. The Landfill owner may recover funds provided to
the County in advance of the opening of -the Landfill through
subsequent rate adjustments or surcharges approved by the County.
The County may pro-rate the cost of the program among other waste
disposal facilities it approves which are subject to similar
conditions.
32. CONSTRUCTION ACTIVITIES AND CONDITIONS
.1 Hours of Construction. The Landfill developer shall restrict
outdoor construction activities to the period from 8:00 a.m. to
6:00 p.m. Monday through Friday.
.2 Exemption. The Landfill developer may request, in writing, and
the Director of Community Development may grant, exemptions to
Condition 32.1 for specific times for cause. An example is the
placing of concrete.
.3 Access Roads. Before commencing Landfilling operatiofis, the
Landfill developer shall install and pave the site access road
from Marsh Creek Road to the Phase I excavation area (see Initial
Facilities Site Plan drawing of the Initial Development and
Improvements Plan, Condition 14.1). This installation shall
include the new bridge over Marsh Creek and the turnaround lane.
45.
.4 Phasing Plan. The Landfill developer shall design a Phasing Plan
setting forth a schedule of construction activities and projects,
with detailed information provided on sensitive installations
such as the Landfill liner and the leachate collection .and gas
management systems. Sensitive installation projects shall be
_ subject to inspection by the Geotechnical Inspector (Condition
16.5). The necessary installations of the Surface Drainage
System (Condition 18.2) and Surface Water Management and Sediment
Control Plan (Condition 18.4) shall be in place before major
excavations commence in order to ensure controlled surface water
runoff.
.5 Dust Suppression. The developer shall sprinkle or chemically
treat graded areas and temporary pavements to control dust, as
determined necessary by the County Health Services Department.
33. CLOSURE AND POSTCLOSURE MAINTENANCE
.1 Submittal of Plan. The Landfill operator shall submit to the
Central Valley Regional Water Quality Control Board, the Califor-
nia Integrated Waste Management Board, and the County Health
Services Department, a plan for the closure of the Landfill and
postclosure maintenance of the Landfill as required by State law,
but no later than, upon application for a Solid Waste Facilities
Permit. Copies of the closure and postclosure maintenance plans
shall be submitted to the County Community Development and Health
Services Departments.
.2 Funding of Closure and Postclosure Maintenance Plan. The Land-
fill operator shall submit to the Board of Supervisors and
California Integrated Waste Management Board evidence of finan-
cial ability to provide for the cost of closure and postclosure
maintenance in an amount not less than the estimated cost of
closure and 15 years of postclosure maintenance, as contained in
the submitted closure and postclosure maintenance plan. Evidence
of financial ability shall be in the form of a trust fund ap-
proved by the Board of Supervisors in which funds will be
deposited on an annual basis in amounts sufficient to meet
closure and postclosure costs, when needed, or an equivalent
financial arrangement acceptable to the Board of Supervisors and
the California Integrated Waste Management Board. The operator
shall maintain a trust fund balance that equals or exceeds the
requirements of State law or regulation, notwithstanding however,
that the trust fund balance shall be at least equal to the then
current closure and postclosure cost estimate at such time that
the Landfill has reached one-half of the permitted capacity. The
Trust Fund balance requirement shall be appropriately adjusted if
the Landfill is closed in stages under Condition 33.4.
46.
.3 Revision to Plan and Cost Estimates. Should state law or regula-
tion regarding closure and postclosure maintenance plan and
funding of the plan change at any time, the Landfill operator
shall submit any required changes to the closure and postclosure
maintenance plan and/or evidence of financial ability to the
_ Board of Supervisors at the same time as submittal to the appli-
cable state or regional agency.
.4 Staged Closure of the Landfill. The Landfill operator shall
close the Landfill in stages if compatible with the filling
sequence and the overall closure plan.
.5 Use of Landfill Following Closure. Use of the Landfill site
subsequent to closure shall be in the public interest and shall
be for open space only. The Board of Supervisors may require the
Landfill operator to deed all development rights for the Landfill
site to the County to ensure fulfilment of this condition.
.6 PosclOsure Maintenance. The Landfill operator shall institute a
postclosure maintenance program to ensure that containment and
monitoring facilities retain their integrity. If damaged areas
are found, the operator shall notify the County and take remedial
actions to prevent odor and Landfill gas problems.
34. ABANDONED VEHICLE STORAGE
.1 Storage Requirement. The Landfill operator shall provide a
minimum 10-acre area on the Landfill site for the storage of
abandoned vehicles awaiting salvaging, if required by the
Board of Supervisors. The storage site operator shall accept
only vehicles directed to the site by a law enforcement agency
operating in Contra Costa County, which shall be responsible for
the vehicle until its title is conveyed to a salvager. The site
would provide storage 'only; operations of disposing, salvaging,
and security of abandoned vehicles shall not be the responsibili-
ty of the operator. The site may be subject to further planning
and development approvals, and would be subject to the California
Environmental Quality Act. The storage of abandoned vehicles
shall be subject to conditions set by the County Health Services
Department, and may be subject to the approvals of regulatory
agencies having jurisdiction. .
.2 Off-site Storage Option. The Landfill operator may establish the
abandoned vehicle storage area at another location, which shall
be subject to the approval of the County Community Development
Department.
i
• 47.
35. ADDITIONAL CONDITIONS OF APPROVAL -
.l Land Use.
a. The applicant shall put forth a good faith effort to
purchase the four existing properties directly across Marsh
�- Creek Road from the project site. A good faith effort shall
be deemed to mean a bona fide offer to purchase the
properties for their fair market value, as such is
determined in an appraisal prepared by a qualified real
estate appraiser acceptable to the County.
b. The areas of the project site not needed for landfill or
related operations will be left in open space or compatible
uses.
.2 Community Service and Utilities.
a. The applicant shall cooperate with the Contra Costa Water
District to notify the East Diablo Fire Protection District
of the timing and duration of any use of fire hydrants for
temporary water supply to the project site. The applicant
shall cooperate with the Water District to provide precise
water demand figures and truck filling times to the Fire
Protection District, and to install meters on each fire
hydrant used.
b. The applicant shall participate in the East Diablo Fire
Protection District's benefit assessment program for ongoing
operational costs. and pay new development fees for on-time
costs for stations and equipment in the same manner as other
new development and commercial operations in the East County
area.
C. The applicant shall wash equipment daily during landfill
operations to wash away refuse collected in the machinery
and to loosen grease and oil. This condition is a standard
Solid Waste Facilities Permit requirement, and to the extent
of any conflict between this condition and the requirements
of a Solid Waste Facilities Permit, the Solid Waste
Facilities Permit shall govern.
d. The applicant shall regularly inspect landfill machinery and
vehicles operated by the applicant for electrical shorts and
• hydraulic or fuel line leaks. This condition is a standard
Solid Waste Facilities Permit requirement, and to the extent
of any conflict between this condition and the requirements
of a Solid Waste Facilities Permit, the Solid Waste
Facilities Permit shall govern.
. 48.
e. The applicant shall provide spark arrestors for all
earth-moving equipment operating at the project site. This
condition is a standard Solid Waste Facilities Permit
requirement, and to the extent of any conflict between this
condition and the requirements of a Solid Waste Facilities
Permit, the Solid Waste Facilities Permit shall govern.
f. on any dead-end fire department access road in excess of 150
feet in length on the project site, the applicant shall
provide approved areas for turnaround of fire department
apparatus.
g. Where there is open space on the project site for public or
private use, the applicant shall provide access or the Fire
Protection District into these areas from public ways.
These access ways or fire trails shall .be a minimum of 16
feet in width to accommodate fire equipment.
h. All open spaces on the project site shall be left in their
natural state in accordance with the East Diablo Fire
Protection District's weed abatement standards.
i. A fire safety plan shall be included in the applicant's
closure plan, and to the extent necessary and feasible,
monitoring and flaring of methane gas shall continue during
post-closure use of the project site.
j. The applicant shall apply to and obtain from the East Diablo
Fire Protection District for any District permits which may
be required to comply with Fire Code requirements.
k. 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.
.3 Water Service
The applicant shall provide 24-hour access to the reservoir on
the project site for the Contra Costa Water District.
.4 Aesthetics and Visual Quality
The applicant shall avoid use of the stand-by borrow area, if
possible.
48.
e. The applicant shall provide spark arrestors for all
earth-moving equipment operating at the project' site. This
condition is a standard Solid Waste Facilities Permit
requirement, and to the extent of any conflict between this
condition and the requirements of a Solid Waste Facilities
Permit, the Solid Waste Facilities Permit shall govern.
f. On any dead-end fire department access road in excess of 150
feet in length on the project site, the applicant shall
provide approved areas for turnaround of fire department
apparatus.
g. Where there is open space on the project site for public or
private use, the applicant shall provide access or the Fire
Protection District into these areas from public ways.
These access ways or fire trails shall be a minimum of 16
feet in width to accommodate fire equipment.
h. All open spaces on the project site shall be left in their
natural state in accordance with the East Diablo Fire
Protection District's weed abatement standards.
i. A fire safety plan shall be included in the applicant's
closure plan, and to the extent necessary and feasible,
monitoring and flaring of methane gas shall continue during
post-closure use of the project site.
j. The applicant shall apply to and obtain from the East Diablo
Fire Protection District for any District permits which may
be required to comply with Fire Code requirements.
k. 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.
.3 Water Service
The applicant shall provide 24-hour access to the reservoir on
the project site for the Contra Costa Water District.
.4 Aesthetics and Visual Quality
The applicant shall avoid use of the stand-by borrow area, if
possible.
f
z 49.
.5 Public Health and Safety
a. The applicant shall monitor leachate for hazardous wastes
and increase screening of incoming waste loads if hazardous
wastes are present in the leachate in any significant
amount, in accordance with the requirements of the Central
Valley Regional Water Quality Control Board.
b. If, as a result ,of monitoring, the County Health Services
Department as the local enforcement agency determines that
there is a vector problem, the LEA may require. the applicant
to use a professional pest control service, and the
applicant shall comply with this requirement.
C. The applicant shall design and maintain the sedimentation
basins for the landfill to minimize mosquito problems.
d. The applicant shall provide to the County an annual summary
of leachate monitoring, uses of leachate on the project
site, and treatment methods. This annual summary may be
combined with the . applicant's compliance with mitigation
monitoring requirements imposed in connection with this Land
Use Permit.
e. The bird control program for the landfill shall emphasize
methods that are least likely to kill or injure birds.
f. The applicant shall include habitat modification in the site
revegetation plan pursuant to which appropriate areas will
be seeded to obtain vegetative growth of 10 to 12 inches in
height to discourage birds.
.6 Traffic and Circulation
In connection with implementation of any bicycle and pedestrian
path system, the applicant shall investigate alternate bicycle
and pedestrian path routes to determine if sites other than along
the haul route are feasible.
.7 Cultural Resources
The applicant shall consult with the local Native American
community regarding the archaeological program for testing and
excavation of prehistoric archaeological sites.
.8 Vegetation
a. The applicant shall conduct routine inspections for rodent
and fly breeding, and cooperate with the County in allowing
routine County Health Services Department ' (as LEA)
inspections for rodent or fly breeding. If signs of rodent
or fly breeding are observed, and if required by the Health
t Services Department, the applicant shall consult with a pest
control specialist.
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50.
b. The applicant shall conduct routine inspectionk of surface
drainage facilities and access roads, such routine /
inspections to be made at least daily during high rainfall
periods. Erosion control measures such as mulching or
temporary berms should be instituted as soon as possible if
problems are detected.
C. The applicant shall maintain a stockpile of low permeability
soils on the project site.
.9 Air Quality
a. The applicant shall include routine inspections in the
post-closure plan, with daily inspection during
high-intensity rainfall to determine if vegetative soil
cover areas, monitoring facilities, or the final cover are
damaged. Damaged areas shall be repaired as soon as weather
cbnditions permit.
b. No buildings shall -be constructed over the landfill itself.
C. There shall be a 100-foot buffer area surrounding the
landfill. This buffer area may be coordinated with other
buffers to be provided pursuant to the Conditions of
Approval, and may be provided on the project site.
d. To the extent that any air quality regulation contained in
these conditions of approval conflicts with the regulations
of the Bay Area Air Quality Management District, the
regulations of the Bay Area Air Quality Management District
shall govern.
e. The applicant shall adopt and implement an odor control
program to minimize odor impacts on Marsh Creek Road.
.10 Litter
a. The applicant shall implement the following measures to
control potential litter problems: minimizing push
distances for waste, designing fill plans to minimize
exposure to the wind, compacting waste immediately after
off-loading, engineered wind berms when necessary, and
prohibiting use of tippers to off-load the waste from
transfer trucks.
b. The applicant shall increase the amount of litter fencing
and the number of employee hours devoted to litter pickup,
if litter remains a problem in off-site areas.
� 51.
C. The landfill shall be operated in a manner, which prevents
litter from adversely affecting nearby properties, including
the Los Vaqueros Reservoir. The applicant shall immediately
resolve any litter problems affecting nearby properties,
including the Los Vaqueros Reservoir.
.11 Noise
a. The applicant shall maintain a 100-foot buffer zone between
the landfill and adjacent sensitive receptors. This buffer
zone may be coordinated with other buffer zones to be
provided pursuant to these Conditions of Approval, and may
be provided on the project site.
b. If determined to be necessary and practicable to eliminate
y noise impacts, the applicant shall participate in the future
funding of sound walls at appropriate locations along the
haul route. If a citizens' or advisory committee is
established with respect to this project, the applicant
shall work with this committee to determine sites where
sound walls may be required.
.12 Geology and Soils
The applicant shall advise employees and nearby residents of
emergency evacuation procedures. If requested, the applicant
shall cooperate with the County in formulating an appropriate
education program.
.13 Engineering Design Review
The applicant shall maintain a minimum solid-to-liquid ratio of
5:1 by weight or such other ratio as is required by the Central
Valley Regional Water Quality Control Board.
.14 Fiscal Impacts
The applicant shall fund the periodic evaluation of pavement
conditions along the haul route.
36. SPECIAL CONDITIONS OF APPROVAL
.1 Transportation System Impact Fee. The Landfill operator shall
pay to the County of Contra Costa a Transportation Impact Fee of
$2.00 per ton of waste received at the Landfill to mitigate the
general impacts of the Landfill-generated traffic on the County's
road system. The operator shall deposit the fee monies quarterly
in a segregated account established by the County. The fee shall
be considered to be a pass-through business cost for the purposes
of rate setting.
{
52.
.2 Open Space and Agricultural Preservation Fee. The Landfill
operator shall pay to the County of Contra Costa in Open Space
and Agricultural Preservation Fee of $2.00 per ton on solid
wastes received at the Landfill to mitigate the general impacts
of the Landfill on open space, existing and proposed recreational
facilities, and agriculture. The operator shall deposit the fee
monies quarterly in a segregated account established by the
County. The fee shall be considered to be a pass-through
business cost for the purposes of rate setting.
.3 Property Value Compensation Program. The Landfill operator shall
provide funding for the preparation of a property value
compensation program study when requested by the County of Contra
Costa. The study will address the means of determining the
extent of property value losses or reductions attributable to
Landfill impacts, such as aesthetics, noise,traffic, or
pollution, and the means of compensating property owners for said
losses or reductions. When a compensation program is adopted by
the Board of Supervisors, the Landfill developer shall fund it in
the manner specified by the Board. If the Board of Supervisors
determines that progress on the implementation of a compensation
program is not proceeding in a timely manner, the Board may
require the use of a facilitator and/or an arbitrator. The fee
shall be considered to be a pass-through business cost for the
purposes of rate setting.
.4 Resource Recovery Program Fee. The Landfill developer or
operator shall pay to the County of Contra Costa a resource
recovery program fee of $200,000 annually, beginning April 1,
1990. The developer or operator shall deposit the monies in a
segregated account established by the County. The extent of the
fee shall be subject to reconsideration when a franchise or
agreement is established for the Landfill. The resource recovery
program fee from its inception shall be a pass-through business
cost for the purposes of rate setting.
.5 Violation of Prescribed Haul Route. Upon a determination by the
County that a user of the Landfill has violated Condition of
Approval Section 29 by using a prohibited access route, and upon
a written direction by the County, the Landfill operator shall _
impose on that user the sanction that is directed by the County.
Such sanction may include a surcharge on the tipping fee,
prohibition against accepting waste from that user for a
designated period of time, revocation of County refuse-hauling
- license, 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 Landfill operator.
CAZ:jal
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3/27/90
EXHIBIT C
Project Approvals
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I
TO' BOARD OF SUPERVISORS (��y�t
FRcta Harvey Bragdon / `-"•" '•ra
Director of Community Development
Cpst^, a
DATE: March 20, 1990 °• W
SUBJECT: Action on Harsh Canyon Landfill
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) a BACKr.ROUPD AND JUSTIFICATION
RECOMMENDATION
Approve the Marsh Canyon Sanitary Landfill Land Use Permit (LUP 2010-90), as
modified by the Conditions of Approval recommended by staff (Exhibit A hereto),
the Special Land Use. Permit Conditions of Approval (Exhibit B hereto), and the
Findings (Exhibit C hereto).
REASONS FOR RECOMMENDATION/BACKGROUND
On March 13, 1990 the Board of Supervisors declared its intent to approve the
Marsh Canyon Landfill. The Board further expressed intent to consider special
conditions of approval for mitigation for roadways, for the community and for
preservation of open space and agricultural land.
CONTINUED ON ATTACNAENT: TZS 910NATUR
�- RECOMMENDATION O/ COUNTY ADMINISTRATOR - REC M ATION ARD COMMITTEE
APPROVE OTHER
- SIaNATUREIst• .
ACTION OF ROARD ON APPROVED AS RECOMMENDED OTHER
MOTE OF SUPERVISORS
1 HERESY CERTIFY THWT THIS IS A TRUE
UNANtMOUB (ABSENT )
AND CORRECT COPY OF AN ACTION TAKEN
AYES: PDES: AND ENTERED ON THE MINuTrs OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SICRN.
cC: County Administrator ATTESTEq _
County counsel PHIL BATCHELOR. CLERK OF THE BOARD
Marsh Canyon Landfill (via CDD) ..„ —...—A
EXHIBIT J
GENERAL PLAN AMENDMENT
MARSH CANYON SANITARY LANDFILL
(GPA 4-89-CO)
The Contra Costa County General Plan is amended as provided below.
1. REFUSE DISPOSAL PLAN
a. Add to the Eastern Study Area Text (p. 29):
"Marsh Canyon Sanitary Landfill.
A sanitary landfill facility, or sanitary landfill facilities, may be
developed at the location identified as a Sanitary Landfill Refuse
Disposal Facility on the accompanying Plan Map, in accordance with
Land Use Permit Conditions of Approval adopted by the Board of
Supervisors. A sanitary landfill developed in the subject location is
intended- to take residential-commercial-industrial wastes (i.e. ,
wastes allowable for a Class II landfill under the terms of Subchapter
15, Chapter 3, Title 23 of the California Administrative Code, 1984).
The facility is intended to serve Contra Costa County and other areas
specified by the Board of Supervisors."
b. Add the attached diagram entitled Plan Map--Marsh Canyon Sanitary
Landfill to the above plan text Amendment.
2. LAND USE ELEMENT
Add the Marsh Canyon Sanitary Landfill (2b) to the following section of the
Land Use Element which was adopted on December 15, 1987:
"Adopted Refuse Disposal Facilities
The following Refuse Disposal Facilities are consistent with the Land
Use Element and their site areas are deemed to be overlays on the Land
Use Element Plan Map: ,
1. Refuse Disposal Facilities approved prior to January 1, 1983, by
the Board of Supervisors in General Plan Components and Land Use
Permits (includes West Contra Costa Sanitary Landfill, and the IT
Corporation's Baker, Pacheco, and Vine Hill facilities).
2. Refuse Disposal Facilities approved by General Plan Amendments
adopted subsequent to. January 1, 1983, by the Board of Supervi-
sors. These are: (a) the Acme Fill Waste Recovery and Transfer
Station, adopted December 15, 1987; and (b) the Bay Pointe
Sanitary Landfill, East Contra Costa Sanitary Landfill, Keller
Canyon Landfill, Kirker Pass Waste Management Landfill, and Marsh
Canyon Sanitary Landfill, adopted September 19, 1989.
3. OPEN SPACE/CONSERVATION ELEMENT
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Add "refuse disposal" to the following statement of purpose on Page 1,
Purposes, of the Open Space and Conservation Element, indicated by under-
lining:
Open Space and Conservation in this plan can mean land for orchards,
crops, livestock production, water supply, national defense, public
and private recreation, forestry, mineral extraction, refuse disposal,
agricultural industry, and even very low density residential uses,
where appropriate to location and other planning considerations.
I hereby certify that this amendment
to the Contra Costa County General Plan
was Adopted by the Board of Supervisors
on October 10, 1989.
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By
Deputy
CAZ/jn
169:marshcyn.gpa
GENERAL PLAN AMENDMENT
MARSH CANYON SANITARY LANDFILL
(GPA 4-89-CO)
PLAN HAP -- MARSH CANYON SANITARY LANDFILL
Part of the Refuse Disposal Plan and
Landfill Use Element (Plan Map Overlay)
of the Contra Costa County General Plan
12
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,� S�� wec•s �\ ••� 0 1000 :100
•••'�•�•[ ` tele an feet I
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General Plan Amendment Area
Sanitary Landfill Refuse Disposal Facility
r hereby certify that this
amendment to the Contra Costa
County General Plan was
Adopted by the Board of
supervisors on October 10. 19n9'.
Phil Batcholor. Clark of tho isoard
of Supervisors .ind County
Administrator
By:
M-PULy
EXHIBIT D
Ordinance No.
Approving this Agreement