HomeMy WebLinkAboutMINUTES - 05231995 - 2.6 2 . 6
THE BOARD OR. SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _May 23, 1995,_ by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson,
Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Non-hazardous "Special" Waste Receipt at 'Keller Canyon
Landfill
This being the time for the Board to consider rescission of the December,
14, 1993, Board Order on non-hazardous special waste imports and non-hazardous
special waste restrictions.
The Board had received a report dated May 19, 1995, from County .Counsel
on this matter. There was discussion on the various issues relative to the
importation of non-hazardous "special" or direct-haul waste pursuant to the
Keller Canyon Landfill's Land Use Permit and Solid Waste Facilities Permits.
Board members had expressed agreement to reschedule consideration of the
proposed rescission- to another date.
THEREFORE, IT IS BY THE BOARD ORDERED that consideration of the
rescission of the December 14, 1993, Board Order is RESCHEDULED to June 6,
1995.
IT IS ORDERED that staff is DIRECTED to submit a report on the
laboratory soil tests and BFI's compliance with the six month reports from the
Keller Canyon Landfill to the Board on June 6, 1995.
IT IS FURTHER ORDERED that BFI is REQUESTED to respond by June 6, 1995,
to the Board's inquiry about BFI's willingness to cease entering into new
contracts for special waste disposal and to 'consider thermal treatment of the
soil used at the Keller Canyon Landfill.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN .
ATTESTED: _May 23, 1995
Phil Batchelor,Clerk of the Board of
�Supp/ervisors and County Administrator
By (Z Deputy
cc: Community Development Director
Health Services Director
County Counsel
z �
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: May 19, 1995
To: Board of Supervisors
From: Victor J. Westman, County Counsel
By: Lillian T. Fujii, Deputy County Counsel
Re: Non-hazardous "special" waste receipt at Keller Canyon Landfill; Rescinding
December, 1993 Order authorizing imports may have unintended results
INTRODUCTION:
On May-16, 1995, the Board received a report from the Health Services
Department and the Director of GMEDA and held a hearing on Keller Canyon
Landfill's receipt of imported non-hazardous "special" or "direct-haul" waste pursuant to
a December 14, 1993 Board Order. In particular, the Board heard testimony from area
residents concerning Keller's receipt of such non-hazardous "special" or direct-haul
waste pursuant to its land use ("LUP") and Solid Waste Facilities Permits.
At the conclusion of the Board's hearing, in response to the requests and
concerns expressed by the residents and in letters received from officials of the Cities of
Concord and Pittsburg, the Board took a number of actions, including directing
GMEDA and Health Department staff to organize and hold a workshop with involved
local public agency officials, residents and BFI representatives before the Board
initiates a formal hearing process on the LUP. One purpose of the workshop is to
promote better understanding and dialogue among interested and involved parties
regarding non-hazardous "special" or direct-haul waste and the Keller Canyon Landfill.
Board members noted that there has been and continues to be much confusion and
misunderstanding regarding non-hazardous "special" waste disposal due to different
perceptions resulting from the use of the term "special" waste. Therefore, the workshop
should serve as a forum for open communication and exchange of views, to reduce or
even eliminate misunderstandings between the involved parties. It is hoped that
improved communication will result in cooperation between the affected interests.
Also in response to concerns raised by Supervisor Torlakson, the Board
agendized for consideration on May 23, 1995, possible action to be taken with respect to
the Board's December 14, 1993 Order allowing disposal of out-of-County-generated
(imported) non-hazardous."special" or direct-haul waste at Keller.
Board of Supervisors
May 19, 1995
Page 2
REGULATORY BACKGROUND:
Conditions Nos. 6.1 and 6.2 of Land Use Permit 2020-89 for the Keller Canyon
Landfill allows the facility operator to generally receive for disposal, in-County-
generated designated waste approved for disposal at Keller by the Regional Water
Quality Control Board, and Class II waste, provided such receipt and disposal are in
compliance will all other regulatory requirements. (Conditions of approval 6.1 and 6.2
attached in Exhibit 1.)
The Solid Waste Facilities Permit ("LEA Permit") expressly allows the Keller
Landfill to receive specified non-hazardous designated wastes, including: municipal
solid waste, drilling muds, contaminated soils, shredder waste, commercial and
industrial waste, agricultural wastes, filter cake,/dewatered sludge,
construction/demolition debris, geothermal wastes, cannery sludge, and spent catalyst
fines. Hazardous waste disposal is prohibited. (Sections 1, D and Prohibitions, pages 1
and 5 of the LEA Permit, attached as Exhibit 2.)
Neither the LUP nor.the LEA Permit expressly limits by tonnage or
percentage, the amount of non-hazardous designated waste which may be disposed of at
the Keller Landfill. The only specified limitations upon non-hazardous "special" wastes
disposal are the overall tonnage limitations in the LUP (3,500 tons per day, § 9.3) and
the LEA Permit (2,750 tons per day, §§ 1,E, Specifications, 3).
With respect to out-of-County-generated waste, Condition No. 5.2 (Exhibit 1)
requires the operator to obtain prior Board of Supervisors' approval of most imports
(excepting reciprocal capacity agreement imports).
We understand that pursuant to Condition No. 5.2, Keller applied to the
County for permission to accept out-of-County-generated non-hazardous "special" waste.
On December 14, 1993, the Board's adopted Order approved the importation, subject to
the condition that the total amount of non-hazardous "special" wastes (both in-County
and out-of-County-generated) disposed does exceed 40% of the total waste disposed at
the Keller Landfill in any 12-month period.
Thereafter, on May 16, 1994, the case of C & A Carbone, Inc. v.. Town of
C'larkstown [1994] 114 S.Ct. 1677, was decided by the U.S. Supreme Court. As the
Board members are aware, this case appears, in most instances, to prevent County
governmental restrictions upon the delivery of out-of-County-originated wastes to in-
County privately or non-County owned facilities. The Carbone case raises significant
doubt as to the extent of any continued legal ability to enforce LUP Condition 5.2's
Board of Supervisors
May 19, 1995
Page 3
import restriction. In. any event, the Health Department's LEA staff reported at the
hearing that the operators of Keller continue to be and are in compliance with the
provisions of the Board's December 14, 1993 order. In addition, it was reported that
the amount of imported and total non-hazardous "special" waste disposed of at Keller
has not exceeded the 400/o-of-total-tonnage limitation of the December 14th order.
DISCUSSION:
In light of the above background, this office was asked to provide comments
for the Board's review and consideration of the rescission of the December 14, 1993
order.
Testimony before the Board on May 16, 1995 appeared to generally focus on
the receipt of non-hazardous "special" waste at the Keller Landfill. There appeared to
be a perception that if the Board rescinds the December, 1993 order, the amount of
non-hazardous "special" waste delivered to the landfill would substantially decrease.
This perception may or may not be correct.
As noted above, there is no express percentage limitation on the amount of
non-hazardous "special" waste which may be delivered to Keller, other than the per day
2,750 and 3,500-ton limitation and the 40 % limitation in the Board's December, 1993
Order. If the Board rescinds that order, there will be no express limitation on the
amount of in-County-generated non-hazardous "special" waste that may be received at
the landfill within the per day 2,750-ton limitation. While the LUP's express
conditions (5.2 and 8) limit and restrict the importation of out-of-County-generated
waste, their enforcement probably would not survive a "Carbone" legal challenge if
taken. BFI's representative at the hearing appeared to indicate that it would continue
to comply with the 40 % total limitation on non-hazardous "special" waste regardless of
its source so long as it was in force.
At this time, rescinding the December, 1993 order, as apparently accepted by
BFI, would result in there being no express limitation (except the daily 2750 tons) upon
the receipt of in-County-generated non-hazardous "special" waste at Keller, other than
the LUP's now legally questioned import restrictions and, no express BFI acquiescence
to import limitations.
Attach: Exhibits 1 and 2.
cc: Val Alexeeff, Director, GMEDA
Daniel M. Guerra, Deputy Director, Environmental Health 9a:\kdc519.95
N�
the Land Use Permit. If the Land Use Permit is not implemented 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 circumstances which warrant the consideration of
changes to the Conditions of Approval.
.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).
I
5. SERVICE AREA
.1 Area of origin. The area of origin of all waste hauling 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 wastes from
outside Contra Costa County unless such imports of waste are specifically
approved by the Board of Supervisors. This condition shall not apply to
wastes which may be temporarily 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 If or Class III
landfills 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
3
EXHIBIT 1.
f
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
F 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 community's program.
6. ELIGIBLE AND INELIGIBLE WASTES
.1 Eligible Wastes. The Landfill operator shall allow only wastes eligible for
disposal in a Class 11 facility, as defined by the Regional Water Quality
Control Board to be admitted to the landfill. The wastes admitted to the
landfill shall alo 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 las defined by Section 2522 of Article 2 of Subchapter 15, of Title
23, of the California Administrative Code) approved for this facility by the
San Francisco Regional Water Quality Control Board, and shall be
consistent with the Solid Waste Facilities Permit to be admitted for
disposal. The Board of Supervisors may designate special rates for this
waste.
5
.3 Infectious Wastes. The Landfill operator shall accept only those infectious
wastes identified in, and disposed of in accordance with the Solid Waste
Facilities Permit.
1 .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.
4
EXHIBIT t
J
v
!! , c) Liquid wastes, other than utility sludges meeting Regional Water
Quality Control Board requirements.
d) Other ineligible wastes specified in the Solid Waste Facilities 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.
.6 Hazardous Waste Screening and Management. See Condition 19.
.7 Area of Origin Restrictions. See Condition 5.
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 Department and the County Community
Development Department.
.2 Load Covering. The Landfill operator shall spot check all incoming waste-
hauling vehicles for proper covering or containerization. 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:
5
EXHIBIT
a) Transfer station trucks (vans) from 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 San Francisco
Regional Water Quality Control Boards solids-to-liquid requirements.
e) Trucks hauling Designated Wastes approved for this landfill by the
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 Use 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 7:30 p.m. Refuse shall be
covered by 7:30 p.m. at which time working lights shall be extinguished.
Entry and security lights shall be dimmed at 7:30 p.m. Other hours of
operation, within those 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.
6
EXHIBIT
SOLID WASTE FACILITIES PERMIT
KELLER CANYON LANDFILL
FLNI)LNGS
1
1. AUTHORIZED DESIGN AND OPERATION OF KET-I=R CANYON LANDFILL.'
A. Owner/Operator. Keller Canyon Landfill Company (KCLC), which is a wholly
owned subsidiary of Browning Ferris Industries of California, Inc., owns and will operate the
landfill site.
B. Property Boundaries. The Class H Landfill is located south of the City of
Pittsburg, east of Bailey Road, north of Mulligan Hill and north of the City of Concord, situated
in the foothills of the Mt. Diablo. Range in Contra Costa County, California. Site location maps
are attached as Exhibit A and Plate 1. The Assessors Parcel numbers are as follows:
094-050-001 094-060-001 094-060-002 094-070-001 094-080-003 094-100-001
19 094-110-001 094-120-001 094-130-006
The site occupies 2,628 acres of Sections 23, 24, 25, and 26 of Township 2N Range 1W,
MDB&M. The facility activities will encompass a total of 375 acres, while the limit of waste
disposal, the landfill "footprint", is 244 acres. The total permitted acreage is 1399 acres. The
remaining 1229 acres will be reserved for uses consistent with open space and agricultural
designations, as determined by the County.
C. Physical Description. The on site structures at the facility will consist of
(1) administration offices; (2) facilities for on site equipment fueling and maintenance, (3) scale
and pay booth facility; (4) storage facility for ineligible wastes; (5)pariang areas for employees
and the public; (6) access and internal roads, utilities, outdoor lighting, sound berms, fencing
and landscaping.
D. Types of Waste Received. The landfill will receive residential, commercial,
industrial, construction/demolition, designated and special wastes as provided in the RDSI and
as set forth below. The facility will not accept hazardous wastes. The facility shall accept the
following designated, non-hazardous or inert wastes:
Municipal Solid Waste Commercial and Industrial Waste Geothermal Wastes
Drilling Muds Agricultural Wastes Cannery Wastes
Contaminau:d Soils Filter Cake/Dewate.ed Sludge Sewage Sludge
Shredder Waste Construction/Demolition Debris Spent Catalyst Fines
'Hereinafter to be also known, as "the facility" . EXHIBIT oOL
1
CONDITIONS
k
REOUIRE—NMINTS:
1. The facility shall comply with all State Minimum Standards for Solid Waste Handling and
Disposal.
2. The facility shall comply with all federal, state, and Iocal requirements and enactments,
including implementation of all mitigation measures given in any certified environmental
document filed for the facility pursuant to Section 21081.6, California Public Resources Code.
3. Any additional information required' by Contm Costa County Health Services Department
(LEA) shall be furnished to agency personnel on request.
4. The operator shall maintain a copy of this permit and the RDSI at the facility at all times.
5. At the discretion of the LEA, landfill gas monitoring probes shall be installed for
detection of Das migration. As specified in COA 20.11 accordance with re;ulations of
BAAQMD and as specified by the LEA, landfill gas control system shall be installed. COA
20.11 requires installation of an active, vacuum gas control collection system concurrent with
the placement of wastes.
-> PROHIBITIONS: f
The following activities, operations, and conditions are expressly prohibited at the facility:
1. Accepting or disposal of wastes for which the facility is not approved, including:
o hazardous wastes,
o liquids or slurries unless authorized by the RWQCB and LEA,
o septage,
o designated wastes not identified in the Permit or in the WDR,
o burning wastes, .
o lame dead animals or large quantities of small dead animals, except with the approval
of the Contra Costa County Health Services Department (LEA),
o untreated medical waste as defined in Chapter 6.1 of the California Health and Safety
Code or infectious wastes as defined in 14 CCR 17225.36.
2. Conducting unacceptable activities such as:
o burning of wastes,
o scavenging,
o ac:,:pting or disposing of any other waste for which this facility is not permitted,
o accepting quantities of wastes exceeding the permitted capacity of the facility as stated
in the findings section of this permit, without prior approval of the LEA.
3. Allowing conditions which are not acceptable, such as:
o standing water on covered fill areas,
o Iandfill fires,
o slope failure. EXHIBIT
5
City ®f Pittsburg
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Civic Center P.O. Box 1518 • Pittsburg, California 94565 y";Alai
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OFFICE OF THE MAYOR
May 23, 1995 RECEIVED
The Honorable Gayle Bishop, Chair MAY 2 4 1995
Contra Costa County Board of Supervisors
651 Pine Street CLERK BOARD OF SUPERVISORS
Martinez, California 94553
CONTRA COSTA CO.
RE: NON-MUNICIPAL SOLID WASTE DISPOSAL AT KELLER CANYON LANDFILL
Dear Supervisor Bishop:
In this morning's edition of the Contra Costa Times we read a quote from you that, "Very clearly special
wastes are not hypodermic needles, not PCBs, not hazardous materials."
In light of the attached LEA.Advisory, as well as the fact that contaminated soil falls within one or more of
your staff's 10 different definitions of special and designated waste, we must respectfully point out that your
comments are in error.
Keller Canyon Landfill's receipt of'contaminated soil is well documented by County staff and is not contested
by representatives of the landfill. The attached LEA Advisory, which pertains to the use of contaminated soil
as daily cover and was specifically referenced by BFI in its recent application for this change in operations,
clearly states that contaminated soils can contain much more than petroleum by-products:
Contaminants other than metals and petroleum hydrocarbons may occasionally be present in
"contaminated soils", depending on the source of the soil. Other contaminants of concern
include: solvents, pesticides, PCBs, dioxins/furans, polynuclear aromatics, and soluble salts.
These contaminants, if present, may pose threats to water quality and/or to workers at the
landfill.
We realize that you rely on staff information in considering issues of this importance, and it is regrettable that
the information you receive from staff is not always factual. Hopefully, the attached document will help you
better understand the concerns of those of us that live in the shadow and winds of Keller Canyon Landfill.
Sincerely,
Taylor Davis
Mayor
cc: Pittsburg City Council
Members, Contra Costa County Board of Supervisors
California Healthy Cities Project �,A,
National Center for Public Productivity Exemplary Award • 1993
City of New Horizons
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U00 No. 5 December 15, 1993
NOON■
NOON■
NOON
ONE
INTEGRATED
WASTE
MANAGEMENT USE OF NON-HAZARDOUS
BOARD
CONTAMINATED SOIL AS DAILY COVER
To All Local Enforcement Agencies
Nature of Contaminated Soils
Contaminated soils (CS) may include soils contaminated with petroleum hydrocarbons andlor
heavy metals. Heavy metal contamination of soil is generally a result of discharges to soil of
chemicals and/or wastes that contain heavy metals. Soils contaminated with petroleum
hydrocarbons (derived from petroleum products) are commonly referred tows fuel contaminated
soils (FCS). FCSs are formed by the uncontrolled release of gasoline, diesel, heating oil, waste
oil; kerosene and other petroleum-based hydrocarbons from underground and aboveground storage
tanks, or cumulative spills in and around equipment maintenance and repair yards. Leaking or
spilled fuel contaminates the surrounding soil and in many instances the underlying ground water.
Contaminated soils must be classified as "non-hazardous” per Title 22, California Code of
Regulations criteria in order to be accepted at Class II or III landfills.
Sources of Contaminated Soils
Contaminated soils result from two main activities: (1) large quantities are from the innumerable
piles of contaminated soil excavated with the removal of leaking fuel storage tanks, and (2) from
remediation projects at hazardous waste sites, including illegal disposal sites, railroad yards,
federal and state facilities, and spills of hazardous,materials/waste resulting from transportation
accidents.
Use of Contaminated Soils as Daily Cover
Staff of the California Integrated Waste Management Board believe that contaminated soils, at
levels allowed under current Waste Discharge Requirements (WDR) issued by the Regional WIter
Quality Control Boards and permits issued by the local Air Quality Management Districts, would
behave similarly to clean soils with respect to the properties necessary to satisfy current daily
cover requirements.
At its November 17, 1993 meeting, the Board considered an item concerning the use of
Contaminated Soil as Daily Cover. The Board concurred in the following policies_relating to rhe
use of clean aiid/or contaminated soil as daily cover:
1. The use of non-hazardous contaminated soil as daily cover does not require a
demonstration project pursuant to the Board's Alternative Daily Cover Policy of 1990.
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD 8800 CAL CENTER DRIVE • SACRAMENTO,CA 95826
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Advisory notes are designed to guide and assist Local Enforcement Agenices and are not intended to supersede statute.;os regulation:
All Local Enforcement Agency(LEA)representatives are encouraged to contact the LEA Branch at(9r6) 255-2287 to address a specific topic.
2. Soil (clean or contaminated) used' as_daily cover will notcbetimiuded 46ytheperrnittedot c. r.:udc
daily tonnage of the facility.
3. Soil (clean or contaminated). used.as-daily cover.will i notcbei&ubjWdoithe landfillidisposal
StlrCllilrfa'e. r.!I!i:ii�iit'.
4. Tlie use of non-hazardous contaminated soil,as;dailyieovdr:.must meet_all irequired-Air�andr.t:s niec
Water Board rules and regulations: a u; rcgl ,atior.:>.
Regional Water Quality Cotjt -Aj Board.Renuiterrients= 13c;,xd ',`!--()U:
Waste Discharge Reduirements'..iLre.iss ied:for_each facility where:CS isdsdored4ctrefateditdisposed or used ast . . eats.
daily cover. Tile WDRs for sitasiwhioh receive CS'establish the maximumilavela£petroleum hydrocarbon,or'.
heavy metal concentrations for CS that the site is permitted to accept. For Class. III landfills, soils must not
be "designated wastes" per State and Regional Water Board regulations:and.procedures... . .
Contaminants oilier than metals and petroleum hydrocarbons may occasionally be present in "contaminated
soils", depending on the source.of the soil. Other contaminants of concern include: solvents, pesticides,
PCBs, dioxins/furans, polynuclear aromatics, and soluble salts. These:.contaminants, if present, may pose
threats to water duality and/or .totworkers at the.landfill. If presenttheLEA)shouldImonitor records at the .
facility to ensure that such contaminants are below levels required by regulations or permits.
Conditions of Approval
Sites accepting con(amivated soils for use as daily cover, treatment or,disposal must maintain writte:
procedures for screening wastes and on-site records pf analytical test results for contaminated soils
accepted, including descriptions of the source(s) and nature of contamination. If the LEA finds that
an operator has inadequate records-or has reason to believe that wastes are.being improperly handled
or accepted at the facility, the LEA may require pz2-acceptance-review and approval through permit
conditions or an enforcement action before waste is accepted on=site.
2. As [lie LEA, you need 'to monitor the records maintained by the operator pertaining to the acceptance
01 contaminated soils for use as daily cover for compliance with the above condition. Your authority
in this arca and any actions you take arises from the same statutes and regulations establishing your
power as LLA (PRC Division 30, commencing with Section 40000,. and 1.4 CCJZ, D.Nvision F
commencing with-Section 17020).
3. The use of non-hazardous contaminated soil as daily cover.is an activity that needs to be reflected in
the solid waste facilities permit. This can be accomplished with an amended RDSI and modified
permit. Sites which have received CS in the past may continue to receive such soils in accordance
with the provisions of this Advisory until the permit is modified.
Please note that the above conditions are not intended to limit the LEA from exercising its authority under
federal, state, or local law to impose additional or more stringent requirements on landfills that utilize
contaminated soils as daily cover.
l '
If you have any questions or need additional information, please contact your Permits Branch representative.
t
Sincerely,
Don Dier Jr., P.E., Manager
Permits Branch
Permitting and Enforcement Division
For back copies of the LEA Advisory contact the LEA Branch at (916) 255-2287.
(LEA Advisory #1, Oct. 6, 1992, Asbestos Containing Waste Disposal)
(LEA Advisory #2, Feb.17, 1993, 1992 Legislation Impacts Existing Waste Programs)
(LEA Advisory #3, June 10, 1993, Site Investigation Process for Investigating Closed, Illegal, and Abandoned
Disposal Sites)
(LEA Advisory #4, Sept. 23, 1993, Permitting of Fuel Contaminated Soils Treatment/Processing Facilities)
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