HomeMy WebLinkAboutMINUTES - 06131995 - 1.58 TO: BOARD OF SUPERVISORS
FROM: Victor J. Westmen, County Counsel
DATE: June 13, 1995
SUBJECT: Request Keller Canyon Landfill Special Waste Contracts
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Direct the Director of Community Development to request from BFI,
copies of Keller Canyon Landfill special waste contracts in
accordance with BFI ' s June 5, 1995 letter to the Board.
BACKGROUND/REASONS FOR RECOMMENDATIONS
By letter dated June 5, 1995, a copy of which is attached, Ken
Etherington, on behalf of BFI, advised the Board that BFI would
provide to the County, copies of Keller Canyon Landfill special
waste contracts, with proprietary information (names of customers
and pricing information) redacted. On June 6, 1995, the Board
declared its intent to request BFI to provide copies of said
contracts in accordance with Mr. Etherington' s June 5, 1995
letter.
CONTINUED ON ATTACHMENT: YES SIGNATURE °
s
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF
OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON ,June 13 , 1995 APPROVED AS RECOMMENDED x _ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x_ 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.
Orig: County Counsel ATTESTED June 13 , 1995
cc: Director, GMEDA PHIL BATCHELOR, CLERK OF
Director, Community Development THE BOARD OF SUPERVISORS
CAO COY ADMINISTRATOR
BY � , DEPUTY
� � ste Recycled paper
Wi3
' S)f stems-
8ROWNINQ-FERRIS INDUSTRIES
Contra Costa County
June 5, 1995
The Hon. Gayle Bishop, Chair
and Members of the Board
Contra Costa County Board of Supervisors
651 Pine Street
Martinez, California 94553
Re: Keller Canyon Landfill; Agenda Item D.1;Report From Staff Regarding Keller
Canyon LandfillReceipt of Special Waste
Dear Chair Bishop and Members of the Board: .
lam writing you as a follow-up to the Board's May 23, 1995 discussion of Keller Canyon
Landfill's receipt of special wastes. During your discussion on this item, some of the Board
members asked questions concerning the facility's receipt of special waste from outside the
County,a.s well as questions regarding review of analytical data and KCLC's contracts with its
customers. We are happy to provide the following responses to the Board's questions.
As a result of Supervisor DeSaulnier's request, we have agreed to voluntarily refrain from
entering into any contracts with new customers for special wastes from outside the County for a
period of sixty(60)days effective May 26, 1995. We spoke with Supervisor DeSaulnier on May
26 and informed him of this fact. In doing so, we want to make clear that the facility's permits
authorize our taking this waste, and we have fully vested our rights to receive these wastes. We
are making this 60 day commitment solely as a gesture of good faith to your honorable Board and
the communities near the facility, to see that the public education effort to correct the
misinformation that has circulated about the site and special wastes gets off to a good start.
Board members also requested that we provide laboratory analytical information about the
wastes received at the site. We have provided your staff with copies of analytical data,with client
names and proprietary information redacted. As you may know, the Local Enforcement Agency
(LEA) staff inspects the facility regularly, and as part of that inspection the LEA reviews the site
analytical records for special wastes received. The analytical documentation demonstrates our
compliance with Condition 4. of the Board's December 14, 1993 Order authorizing the facility to
receive out-of-county special wastes,which requires that we document that proper analytical
SOLID WASTE COLLECTION BFI TRANSFER KELLER CANYON
AND RECYCLING DISTRICT • STATION AT MARTINEZ • SANITARY LANDFILL
(510) 685-4716 (510) 313-8900 (510) 458-9800
441 N. BUCHANAN CIRCLE • PACHECO, CA 94553 • P.O. BOX 23164 • PLEASANT HILL, CA 94523
(510) 685.4716 • FAX. (510)685-4735
The Hon. Gayle Bishop
and Members of the Board
June 5, 1995
Page 2
information has been obtained prior to our receiving the wastes. Although this requirement
technically applies only to the out-of-county special wastes,we have this documentation for all
special waste received at the site regardless of origin,and your staff is of course able to review
this material during inspections of the facility.
Board members also asked about reviewing our special waste customer contracts. These
contracts can be reviewed by your staff during facility inspections,but in the event you or your
staff request copies we will need to remove all proprietary information, including customer names
and pricing information, before they are forwarded to the County offices. These contracts do
contain information regarding our customers and business arrangements that would be highly
valuable to our competitors, and for this reason we must remove this confidential and proprietary
information. If you or your staff do request copies,we can provide redacted copies of these
contracts within approximately one week of receiving the request.
Finally, Supervisor Smith asked about our utilizing contaminated soils which have been
incinerated or otherwise thermally treated as daily cover at the site. Since we have withdrawn our
request to implement an Alternative Daily Cover(ADC)program at the facility, we expect that all
daily cover material will come from excavated on-site sources. We would therefore not have a
need to use thermally treated soils on-site;nor do we have any plans to implement any incinerator
or thermal treatment unit at the facility.
I hope the foregoing has responded to the questions asked at the May 23, 1995 meeting.
Very truly yours,
Ken Ethermgton
KE;jcf
cc: Victor J. Westman, County Counsel
Rebecca Ng, CCC LEA
Dennis P. Fenton,BE
Mchael Caprio,BFI
Scott W. Gordon,Bruen&Gordon