HomeMy WebLinkAboutMINUTES - 03191991 - S.1 i
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TO: BOARD OF SUPERVISORS r
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FROM: Supervisor Tom Torlakson ; (,,,r.}a
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DATE: March 12, 1991 I
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SUBJECT: Enforcement of Cease and Desist Order Issued to Operator of Contra
Costa Sanitary Landfill (Antioch/GBF) and Related Issues
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SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. AUTHORIZE the Chairman to send a letter on behalf of the Board of
Supervisors urging Dr. William Walker, in his capacity as the LEA (Local
Enforcement Agency) of the California Integrated Waste Management Board,
to take such steps as necessary to enforce the Cease and Desist Order on
the Contra Costa County Sanitary (Antioch/GBF) Landfill and to
accomplish its final closure.
2. REQUEST the City of Antioch to send a letter jointly with the Board of
Supervisors to the operator of the Contra Costa Sanitary Landfill
requesting information ion the amount of funds that have been banked for
the closure and postclosure maintenance of the landfill and the
timetable within whichithey intend to meet the c osure plan guidelines
And deadlines. REQUEST that the City of Antioch send a letter jointly
with the Board of Supervisors to the LEA and California Integrated Waste
Management Board7requesting their assistance in meeting local concerns
regarding the landfill closure and transmitting a copy of the letter to
the landfill operator. i
3 . REQUEST that the LEA allow at least 10 days between release of the Final
EIR and his hearing on the height increase application to allow all
concerned parties timelto prepare comments and testimony.
BACKGROUND
On February 19, 1991, a Cease and Desist Order was issued by the Local
Enforcement Agency to thei operators of the Contra Costa Sanitary
(Antioch/GBF) Landfill. The Cease and Desist Order suspends operation of the
landfill until such time as operations are authorized under a valid Solid
Waste Facilities Permit. The deadline for suspension of operation is March
21, 1991.
It is important that the operator of the landfill comply with the Cease and
Desist Order. I have been meeting with representatives of the City of
Antioch on this issue and believe it would be appropriate for the Board of
Supervisors to express its position on this issue.
On February 5, 1991, the iBoard of Supervisors established a Closure
Committee. The planning process for closure is complicated and one which is
governed by state law and regulation. However, the local community has
concerns regarding the timing and manner of closure. We need as much
information as possible regarding the technical and financial aspects of
closure.
Also, the City of Antioch has expressed a concern that it be given enough
time to comment on the final 'EIR and the height extension application prior
to the LEA hearing.
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CONTINUED ON ATTACHMENT: YES SIGNATURE: 1 f Sc3�
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1.
Item S. 1
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ACTION OF BOARD ON March 19 , 1991 APPROVED AS RECOMMENDED X
OTHER X
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The Board of Supervisors considered the above recommendations.
Mike McCabe, 2300 Clayton Road, Concord, representing the Contra
Costa Sanitary Landfilliaddressed recommendation 1 and presented a
brief history of the issue.
Supervisor McPeak requested a copy in writing from Mr. McCabe of
his oral chronology of events.
The Board discussed the three point memorandum.
Supervisor Powers suggested providing a period of thirty days for
County Counsel to meet with the parties to attempt to accommodate a
resolution of the problem, and he indicated support for
recommendations 2 and 3
Supervisor Torlakson moved approval of recommendations 2 and 3 .
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Phil Batchelor, County Administrator, requested the addition of
the State Health Department to recommendation 2.
Supervisor Torlakson concurred.
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The vote on approval of recommendations 2 and 3 was unanimous.
Supervisor Torlakson moved approval of recommendation 1 with the
addition of sending the letter to the California Integrated Waste
Management Board also.
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Supervisor Powers moved a substitute motion to continue the
recommendation 1 for a period of 30 days and direct staff to resolve
this issue to the best of their ability.
The vote on the substitute motion was as follows:
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AYES: Supervisors ; Schroder, McPeak and Powers
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NOES: SupervisorsiFanden and Torlakson
ABSENT: None
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ABSTAIN: None
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IT IS BY THE BOARD ORDERED that recommendation 1 is CONTINUED
to April 16, 1991, and County Counsel is DIRECTED to resolve the issue
to the best of their ability; and recommendations 2 as amended and 3
are APPROVED.
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VOTE OF SUPERVISORS
SEE ABOVE
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
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cc: Community Development
County Counsel ATTESTED March 19, 1991
PHIL BATCHELOR, CLERK OF
OMWE BOARD OF SUPERVISORS
COUNTY ADMINISTRATOR
L1G:a0�ea.bo. By
tD, DEPUTY
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