HomeMy WebLinkAboutMINUTES - 03181997 - D7 , - - _ .
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FROM: VAL ALEXEEFF, DIRECTOR l.rlJu*
GROWTH MANAGEMENT&ECONOMIC DEVELOPMENT AGENCY
DATE: MARCH 18, 1997
SUBJECT: KELLER CANYON LANDFILL PROPERTY VALUATION PROCESS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. ACCEPT report from the Director of Growth Management and Economic
Development Agency (GMEDA) regarding various issues raised at the public
hearing on February 11, 1997 including landfill operations, notification procedures
and the landfill's land use permit requirements and permitting process.
2. ACCEPT report from the Health Services Department - Environmental Health
Division regarding various issues including the purpose and role of the Local
Enforcement Agency and Solid Waste Facility Permit procedures.
3.. CONSIDER various payout options under the Keller Canyon Landfill Property
Valuation Payout Process.
4. DIRECT staff to develop payout process documentation (including forms, deadlines
and instructions) and mail to the owners of residential properties in the Bailey Road
and Hillsdale neighborhood.
5, DIRECT staff to hire a claims examiner to evaluate individual claims, as necessary,
based on the payout option approved by the Board; cost of the claims examiner will
be paid from the $30,000 administrative portion of the $485,000 payout process
fund.
6. DIRECT County Counsel to provide input regarding legal authority and limitations,
necessary findings, content of legal waiver, etc.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: id-1
—RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 18, 1997 APPROVED AS RECOMMENDED x
OTHER x
See Addendum for Board action
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
x UNANIMOUS(ABSENT ) ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ATTESTED March 18, 1997
ABSENT: ABSTAIN:
Contact: Val Alexeeff(510)646-1620 PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: County Administrator SUPERVISORS AND COUNTY
County Counsel ADMI ST R
Community Development Dept.
Environmental Health -HSD BY '004, , DEPUTY
City of Pittsburg
BFI/Keller Canyon Landfill
VA/DD:dd
DDI I:KCL-PVP.BO
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 2
FISCAL IMPACT:
On November 19, 1996 the Board of Supervisors allocated $485,000 from the Keller
mitigation reserves to fund the Keller Canyon Landfill Property Valuation Process.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
It is important to remember that the ongoing process regarding residential property values
near the Keller Canyon Landfill is based on the authority and requirements of the Landfill's
Land Use Permit 2020-89 (LUP 2020-89) granted by the County Board of Supervisors on
July 24, 1990. Condition of Approval 35.3 of LUP 2020-89 states:
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 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.
BOARD MEETING: FEBRUARY 11, 1997
At the Board of Supervisor's meeting on February 11, 1997 the Board gave staff a series
of tasks that emanated from public testimony and Board interest. At the conclusion of the
Board deliberation regarding this item, the Board took the following actions:
(1) approved the Finance Committee report regarding the properties on Bailey Road;
(2) closed the public hearing and set a 20-day administrative record period (which
closed at 5:00 p.m. on March 3, 1997);
(3) set the matter on the agenda for decision at 4:00 p.m. on March 18, 1997;
(4) established a maximum of $30,000 to be spent on administrative costs for this
process;
(5) directed GMEDA to provide report regarding questions raised at the February 11th
meeting including process determined for making payments, notification procedure,
options available to the Board in permitting process relative to the landfill's
responsibility to the community; and
(6) direct Health Services Department (HSD) to report regarding the LEA permit
procedure.
The report from the HSD is provided as Attachment A. The Board directed this department
to report regarding a variety of issues which were raised by the public and Board members
at the meeting on February 11, 1997, this Board Order is intended to constitute the report
from the Director of GMEDA.
NOTIFICATION PROCEDURES
A couple of members of the public asked for information regarding which properties were
provided notification regarding the Board of Supervisors meeting on February 11, 1997.
As staff had reported to the Board, over 800 meeting notices as well as copies of the
proposed Payout Process were mailed out to interested persons and owners of residential
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 3
BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued)
properties located in the Bailey Road and Hillsdale neighborhoods. These two
neighborhoods were targeted pursuant to Board direction that staff notify those property
owners identified as potentially impacted in the study done by Sonoma State University.
Two mailing lists were used. The first mailing list is a list of interested parties which was
developed originally in 1994 and names have continued to be added as persons contact
staff regarding their interest in this property valuation process, this list included
approximately 115 contacts and addresses. The second mailing list was generated by the
Assessor's Office in January which includes the owner and mailing address for those
persons who own properties in the Bailey Road or Hillsdale neighborhoods, this list
included approximately 772 contacts & addresses (this list was generated to assure there
were not listings for duplicate owners).
Please note there are approximately 63 residential properties in the Bailey Road
neighborhood and approximately 732 residential properties in the Hillsdale neighborhood.
HISTORICAL BACKGROUND INFORMATION REGARDING PROCESS
The Board directed staff to provide background material to the new Board members
regarding previous studies conducted as a part of the Keller Canyon Landfill Property
Valuation Process. On February 27, 1997 staff transmitted some key documents regarding
this Process to the new Board member's offices. Additionally a summary of the previous
studies are provided later in this report.
ADMINISTRATIVE RECORD
As indicated in our memorandum faxed to Board members on March 12, 1997, some
material has been distributed to Board members and the remainder of the Administrative
Record has been temporarily placed in Conference Room 2 on the Fourth Floor - North
Wing of the Administration Building. A VCR/Monitor will be available through March 18,
1997 for viewing of the video tapes which were submitted as a part of the record.
LANDFILL OPERATIONAL ISSUES
Issues regarding landfill operations which were raised by members of the public during the
public hearing include: rodents (mice, gophers, snakes), dust, litter, types of fire breaks,
on-site grading, allowable waste types, allowable vehicle types, and flooding of Jacqueline
Drive. The Keller Canyon Landfill is a heavily regulated facility and multiple agencies and
entitlements govern the operations, including requirements and/or standards for many of
the operational issues raised by members of the public.
Many of these operational issues are governed by the Solid Waste Facility Permit (issued
in 1992 by Local Enforcement Agency/California Integrated Waste Management Board)
or the Land Use Permit (issued in 1990 by the County Board of Supervisors). For
discussion of the Solid Waste Facility Permit, please refer to the report from the Local
Enforcement Agency (LEA), Health Services Department - Environmental Health Division,
dated March 11, 1997 (Attachment A). Additionally, the report from the LEA includes a
listing of the agencies and/or entitlements which govern the Keller Canyon Landfilll.
Many of these operational issues are also governed by the Keller Canyon Landfill Land
Use Permit 2020-89 (issued in 1990 by the County Board of Supervisors). Following is
a summary of relevant Land Use Permit requirements.
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 4
BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued)
The Board directed staff to research the issues of vectors (mice, voles, gophers & snakes)
by contacting the Environmental Health Division and Mosquito Abatement District (MAD).
Staff contacted representatives of Environmental Health and the Mosquito Abatement
District. Staff learned that Environmental Health and the MAD conducted an investigation
last summer in response to Hillsdale resident's complaints of many dead mice in the
streets. The results of the investigation are included with the HSD Report (Attachment A).
In summary, the MAD found that the majority of the rodents found were in fact meadow
voles not mice. There was no evidence of rats. Meadow voles are seed eaters and do not
have a broad home range. These rodents were not likely from the active area of the
landfill because they do not feed on garbage and the active face is quite far away. It is
more likely that the disturbance of habitat areas is from the creation of fire breaks, which
are required by the Land Use Permit. MAD representatives explained that the occurrence
of rodents in open space are cyclical and the single factor which most effects rodent
populations and migration are seasonal conditions (amount of rain dictates water supply
as well as amount of vegetation which serves as habitat and food source). These
populations are highly sensitive to these factors.
The Board directed staff to discover the origin and nature of the flooding event on
Jacqueline Drive during recent storms. Staff worked with BFI who conferred with the City
of Pittsburg. The flooding was caused by a 24-inch drainage inlet that was blocked with
debris preventing watershed flow. The blockage was located on private property that did
not belong to BFI. The sedimentation pond and other drainage features (flooding
mitigation) on BFI property functioned appropriately (see Attachment B).
LAND USE PERMIT
It is important to note that the Board of Supervisor's approved an Amended Franchise
Agreement on September 13, 1994 which may limit the Board's authority and/or discretion.
Condition 11.10 of Land Use Permit 2020-89 acknowledges that the Land Use Permit
"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."
A copy of the Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval is
provided as an attachment (see Attachment C). The Land Use Permit primarily designates
the Community Development Department and Health Services Department as the
departments responsible for assuring compliance, most conditions specifically identify
which department has authority. The key sections/conditions of the Land Use Permit
which address the issues raised by members of the public during the public hearing are
as follows: Section 6 "Eligible and Ineligible Wastes", Condition of Approval (COA) 8.1
"Eligible Vehicles", COA 18.4 "Surface Water Management and Sediment Control Plan",
COA 19.1 "Hazardous Waste Ineligible", Section 20 "Air Quality Protection, Section 24
"Bird and Vector Control", Section 25 "Litter Control", COA 30.12 "Fire Breaks", and COA
32.6 "Dust Suppression".
Additionally, a member of the Board asked whether there was a requirement in the Land
Use Permit which would allow the Board to impose additional conditions. COA 11.1
"Permit Review" indicates that " 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, safety, and welfare". There must however be
cause that is documented and will hold up in court if challenged. Neither the Board nor
staff can challenge the terms of the permit without direct cause.
The Community Development Department has never issued a violation of the Land Use
Permit Conditions of Approval.
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 5
BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued)
SITE VISIT CONDUCTED BY STAFF
The Board directed staff to visit nearby properties where the owner had contacted us or
testified at the February 11th meeting. The purpose of the visits were to hear from the
residents and give additional consideration for inclusion of their property in the payout
formula options to be considered by the Board. The following is a summary of the results
of that visit which was conducted on Thursday, March 6, 1997.
Staff visited 60 properties and met with and entered the homes and/or backyards of 14
property owners. These 14 were visited because they responded to letters which were
sent and requested that we visit their homes.
Val Alexeeff and Deidra Dingman once again went out to the Hillsdale, Woodside and
Bailey Road areas to attempt to judge the relationship of individual properties to the landfill
and landfill operation. We had made appointments to see homes and visit with some
neighbors while we stopped and looked at other properties where no one was home.
During our visit we observed no visible evidence of landfill operation. One can hear an
occasional truck in the distance and hear a seagull scare gun going off once in a while.
The wind was not blowing during our visit. Cows were grazing on the open space hills
visible from the neighborhood. There is a constructed toe berm, but its distance from most
properties obscures it impact. The people we met with generally had small children and
dogs. The neighborhood is family oriented. All of our meetings were cordial and the
residents wanted to explain the effect of the landfill on their lives and household operation.
The issue repeated constantly is "yes we know we can't see it, but we know its there.
Everyone knows its there". This concept leads to the issue of individual's perception of
the landfill. A quarry would have many of the same traits and sounds but is more
acceptable socially. Because of the hypersensitivity of some, every activity, sound, or area
phenomena takes on more significance than if it occurred elsewhere. The other possibility
is that any activity in the area is automatically blamed on Keller. It was charged at a Board
meeting that the flooding that occurred came from Keller. Subsequent investigation
indicated that it was a debris blocked drainage inlet on someone else's property. Dust
from grading operations in the vicinity are automatically blamed on Keller. This is not to
say that the residents do not legitimately experience some effect, but it appears that a
different use with similar activities/effects would not be as sensitive.
Two issues were brought up by most of the homeowners we visited, mice and dust. In
addition to mice there are gophers, voles and snakes that are potentially following them.
Most of the residents indicated that this increase became noticeable last year (as
discussed previously there was an epidemic of rodents throughout the County due to the
mild winter). Residents feel that the area around Keller may have been affected by an
increased degree. Most residents talked about the need to dust every two days.
Residents report that there is a light silt that penetrates everything.
It became clear to us during our visit that many residents' limited knowledge regarding the
landfill site, design and operations have created a "fear of the unknown" which adds to
their concerns. Staff suggests that there be one or several site tour(s)/open house
scheduled where the landfill operator would host residents and provide them with a tour
of the facility and explanation about the site design, environmental protections and
operations. It would also be helpful to conclude the tour with a comprehensive questions
and answer session that would allow residents to ask questions specific to their individual
concerns. Residents expressed interest in this concept during our site visit. There is a
i
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 6
BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued)
real opportunity to provide the community with a better understanding of Keller Canyon
Landfill and this could reduce the level of concern by local residents.
In regards to rodents, please see the additional information contained in Attachment A
regarding an investigation conducted last year. In regards to dust ,staff offers the following
information. The Bay Area Air Quality Management District (BAAQMD) requires that Keller
water down their on-site roads every 5 trucks. This is the highest level of dust control of
any landfill that we are aware of. The Land Use Permit requires timely revegetation and/or
filling of completed landfill areas, excavations and dormant operating areas (COA 20.9).
Staff is aware of several potential sources of significant dust in the vicinity of the landfill
which have occurred over the past year or two, these include grading and earth
disturbance associated with residential developments on the east and west side of Bailey
Road, construction of the BART station and construction of the Highway 4/13ailey Road
interchange and related improvements. Staff has previously met with representatives of
the Bay Area Air Quality Management District, HSD - Environmental Health Division, City
of Pittsburg and Keller Canyon Landfill to discuss issues regarding dust from the Keller
Canyon Landfill. The BAAQMD is the agency with the authority and knowledge regarding
dust issues which is why County staff relies on their input and expertise.
People feel that the fence line is the landfill and rumors have been spread that the landfill
was going to expand toward the homes. This is not true and and a disturbing rumor to
spread. Keller was required to maintain additional buffer area (approximate 2,700 acres)
to reduce impact, not to expand it. Individuals over a half mile from the landfill operation
see the fence and claim it,s the landfill. Ironically the Pittsburg golf course has a similar
fence but with barbed wire, but the fence is not considered unsightly.
Most property owners are concerned about the decline in property values. Once again this
is a matter of sensitivity and degree. If adopted, the individual claims process would allow
property owners to furnish proof/evidence of their claim that the landfill has reduced their
property values. As a point of interest, staff contacted the Assessor's Office to find out if
properties around Keller Canyon Landfill were being considered for reductions in property
taxes as a result of lost value. The representative explained that they have not found this
area and related values and taxes to be different than other areas in East County or the
County as a whole and they had not received more requests for reductions in this area as
compared to other areas in the County.
Our comments are not intended to suggest that families have no right to be upset. They
have explained that they deal with dust, mice and property value loss and they are
confident their problems are attributable to Keller. They feel that they have been promised
compensation over the years and that compensation is either insufficient or non-existent.
There is some organization taking place for a class action suit.
The families feel that the location of the landfill near Pittsburg has caused them insult.
They wish additional negotiations had taken place to provide addition buffer rather than
an all or nothing approach in the lawsuits.
Based on our experience, the community may appreciate staff to work with other agencies
(who have primary responsibility) and the landfill operator to identify other measures, not
required in existing permits, but which may provide additional information or protection
regarding dust and rodent issues. Below are some suggestions, which if directed by the
Board, staff will pursue/implement.
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 7
BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued)
1. Continue discussions with BAAQMD, LEA, City of Pittsburg and Keller Canyon
Landfill to determine what feasible means are available to identify extent of possible
dust (PM10) impacts as well as identify the potential sources of dust in the vicinity
of the landfill. As a part of these ongoing discussions staff could work with the
BAAQMD to determine whether it would be beneficial and/or feasible to have the
dust (silt material) analyzed to determine whether the material is coming from
Keller. Additionally, we could work with BAAQMD and LEA to determine whether
additional hydro-mulching shoudl be applied to any exposed surface as soon as
possible to minimize potential for dust to become airborne.
2. Contact MAD and other agencies, to research the roaming range of rodents to
determine feasibility of claims that they came from landfill operation rather than
migrating from the open space/buffer area (from creation of fire breaks or lack of
food/water) or from off-site. If, for instance, rodents do not migrate more than a
hundred yards then it becomes an open space and/or fire break management issue
rather than a landfill operation issue and therefore different solutions may be
.warranted. Staff could work with responsible agencies to request they analyze the
need for and feasibility of additional vector control measures beyond existing permit
requirements near the property line to reduce the population consistent with
environmental restrictions and considerations.
PAYOUT PROCESS DETAILS
With all this, the matter comes back to the issue of how to distribute the County's
appropriation of $485,000. Ninety-five thousand dollars has already been committed to
Bailey Road (19 properties at $5,000 each). With available time staff is proceeding with
the technical details of pay out. The notice and forms for the remainder are expected to
be complete within a month of Board action (contingent upon other work assignments).
Staff is working on the Bailey Road lump sum payout process and expects to mail forms
and instructions to the 19 property owners by the end of March, beginning a four month
claim period.
Assuming the Board takes action on March 18, 1997, staff will work on the Hillsdale area
lump sum payout process and individual claims forms and expects to mail forms and
instructions to the over 800 property owners in the Hillsdale and Bailey Road
neighborhoods by April 18, 1997, beginning a four month claim period. It is necessary to
determine the amount remaining in the pool prior to evaluation of the individual claims by
a claims examiner. This process will follow the completion of payout of the Bailey Road
and Hillsdale lump sum properties.
PAYOUT OPTIONS
The Board's commitment of $95,000 to the 19 residential properties along Bailey Road
leaves $390,000 available in the property valuation fund. The west side of the Hillsdale
development is shielded from the landfill by barrier hills and knolls and the perception in
other areas is decreased by distance. Some pre-subdivision properties on the west side
are perched high and have a view, but the lower properties do not have any visual
perception. Jacqueline Drive and Concord Avenue along with some shorter intersecting
streets have views of the toe berm. This view is effected by the pattern of hills, the
orientation of the house and the distance. We based our judgement on physical
relationship to the landfill operation rather than visibility of the open space/buffer area or
fence, or experiences with mice or dust, or concerns over property value.
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 8
BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued)
The area (117 properties) we had selected initially for the $2,000 payout was selected
because in our opinion from visiting the neighborhood these properties have a strong
relationship to the toe berm or access route or visibility of trucks moving across the
property. The point that property owners made that did not have the strong relationship
was that they have suffered as well through the knowledge of the perceptive stigma, dust
and rodents.
Among Board members and property owners there are a variety of opinions or preferred
approaches to the payout process. The Board directed staff to return with a variety of
payout options for consideration by the Board. After the Bailey Road lump sum allocation
there is $390,000 remaining in the property valuation fund; of this amount up to $30,000
was allocated to cover the administrative costs of this process. This leaves $360,000
available for payout to property owners. Allocation could be flat amounts or tiered
amounts and could include a large number of properties or a fraction of that. One issue
that was raised by a Board member and members of the public is a desire to not require
homeowners to furnish evidence/proof of loss due to the possible impact on disclosure and
real estate transactions in the neighborhood, therefore a variety of Options are provided
below for consideration by the Board. Attachment E includes maps for each Option.
HILLSDALE: EQUAL COMPENSATION AMOUNTS WITHOUT ANY INDIVIDUAL CLAIMS
1. There are a total of 732 properties in the entire Hillsdale neighborhood (as
designated in the Sonoma State study), to allocate the remaining amount equally
to all properties would amount to a payment of $491.80 to each property owner.
See MAP E2 which is the map that shows the 732 lump sum properties in the
Hillsdale neighborhood for this Option.
2. There are a total of 485 properties south of Leland in the Hillsdale neighborhood,
which have a more proximate relationship with the landfill than those properties
north of Leland, and to allocate the remaining amount equally to all properties
would amount to a payment of $742.27 to each property owner. See MAP E3
which is the map that shows the 485 lump sum properties in the Hillsdale
neighborhood for this Option.
HILLSDALE: EQUAL AMOUNTS TO SELECTED PROPERTIES SOUTH OF LELAND AND
INDIVIDUAL CLAIMS
3. There are a total of 485 properties south of Leland in the Hillsdale neighborhood,
which have a more proximate relationship with the landfill than those properties
north of Leland. To allocate an equal amount to each property while still
maintaining a pool for individual claims, a payment of$500 could be made to each
property owner; and this would leave $117,500 available in a pool for individual
claims. See MAP E3 which is the map that shows the 485 lump sum properties in
the Hillsdale neighborhood for this Option.
4. There are a total of 168 properties located on Concord Dr., Jacqueline Dr., Mt.
Whitney Dr. south of Santa Maria Dr. and Westmont Ct. (roads with best view of the
toe berm), this would exclude 22 of the properties which were a part of the original
117 proposed for lump sum payout. To allocate an equal amount to each of the 168
properties while still maintaining a pool for individual claims the following
alternatives are provided: $1,500 each would leave $108,000 in the pool, $1,000
each would leave $192,000 in the pool. See MAP E4 which is the map that shows
the 168 lump sum properties in the Hillsdale neighborhood for this Option.
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 9
BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued)
5. In addition to the 117 properties previously included in the Hillsdale lump sum list,
there are an additional 78 properties in Hillsdale that either share a property
boundary with Keller and/or have a somewhat clear visual relationship (some more
distant than others) to either the toe berm or internal access road, which could be
considered for lump sum payout. This forms a somewhat contiguous area of 195
properties. To allocate an equal amount to each property while still maintaining a
pool for individual claims the following alternatives are provided: $1,200 each
would leave $126,000 in the pool, $1,000 each would leave $165,000 in the pool.
See MAP E5 which is.the map that shows the 195 lump sum properties in the
Hillsdale neighborhood for this Option.
HILLSDALE: DIFFERENT AMOUNTS TO SELECTED PROPERTIES SOUTH OF LELAND
WITH A POOL FOR INDIVIDUAL CLAIMS
6. Assuming that the Board would still like to provide $2,000 lump sum payout to
selected properties in Hillsdale while still retaining a pool for individual claims
(where individuals could apply/petition for higher amounts but would have to
provide some evidence), we have provided a similar map/list that was before the
Board on February 11, 1997. We have added six homes to that list because after
visiting the homes/backyards we were able to better determine the extent of their
relationship to the landfill than we initially could from the street. The total now is
123 properties. This leaves $114,000 in the pool for individual claims. See MAP
E6 which is the map that shows the 123 lump sum properties in the Hillsdale
neighborhood for this Option.
7. Assuming that $155,000 was desired for the pool for individual claims (where
individuals could apply/petition for higher amounts but would have to provide some
evidence), this leaves $205,000 available for lump sum payout in the Hillsdale area.
If the Board would like a second tier based on view and proximity it would add
another 164 homes. The division would then consist of $1,000 for the first tier/
primary area (123 properties) and $500 for the second tier (164 properties). We do
not recommend properties north of Leland be included because the distance is
significant and orientation of homes is generally away from the landfill. See MAP
E7 which is the map that shows the 154 first tier and 164 second tier lump sum
properties in the Hillsdale neighborhood for this Option.
8. Assuming that $155,000 was desired for the pool for individual claims (where
individuals could apply/petition for higher amounts but would have to provide some
evidence), this leaves $205,000 available for lump sum payout in the Hillsdale area.
If the Board wished to give everyone in the Hillsdale subdivision, south of Leland,
an equal amount that would be $412 for 485 properties. See MAP E3 which is the
map that shows the 485 lump sum properties in the Hillsdale neighborhood for this
Option.
We visited several properties in the Woodside neighborhood, this area (consisting of a
total of 149 properties) was not included as potentially impacted in any of the previous
studies, and while they are close to the buffer/open space area they are distant from the
operations area. The resident we met with from this area indicted her concerns were
about dust and rodents.
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 10
BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued)
SUMMARY OF PREVIOUS PROPERTY VALUATION STUDIES
Following is a summary of the various studies conducted from 1992 through 1996
regarding residential property values near Keller Canyon Landfill for the purpose of
providing Board Members with some historical background.
SONOMA STATE UNIVERSITY STUDY
In 1992, the County entered into a contract with Sonoma State University - ICPA (funded
by landfill operator) to prepare the Property Valuation Study. The study methodology was
developed after consultation with the Keller Canyon Landfill Local Advisory Committee.
The study began in late 1992 and was completed in November 1994.
The purpose of the "Keller Canyon Landfill Property Valuation Study" completed by
Sonoma State University - ICPA was to address the means of determining whether
property value losses occurred and if so to what extent. The ICPA study included analysis
and recommendations based on neighborhood property value averages for four separate
neighborhoods. The ICPA study was not intended to provide an appraisal of specific
properties but instead identify a potential area of impact. The study concluded that
property values were not impacted in two neighborhoods (Woodside and Oak Hills).
However for the other two neighborhoods (Hillsdale and Bailey Road) the study
recommended that "a compensation or mitigation program may be warranted" and
"appraisals of individual properties would be needed". The study indicated that there was
not enough information regarding the Bailey Road and/or comparable neighborhood(s) to
identify a potential value impact. The study indicated the following regarding Hillsdale:
"There have been premiums (higher prices paid than for similar properties
in comparable neighborhoods) averaging $5,700 experienced in this
neighborhood extending over many years. Between 1991 and May 1994,
these premiums disappeared. This occurrence coincides with site approval
construction, and operation of the Keller Canyon Landfill. A general loss of
property values in this neighborhood has occurred."
CHALLENGES TO THE SONOMA STATE UNIVERSITY STUDY
The ICPA study did not escape controversy any easier than other aspects of landfill
location, selection and approval. The study was challenged by BFI and the City of
Pittsburg.
Coopers and Lybrand under contract to BFI prepared a study which stated that the ICPA
study was flawed for the Hillsdale subdivision because weighted averages were not used
in comparisons with other subdivisions. The weighted averages would have reflected the
differences in the number of sales. Secondly, two dissimilar subdivisions, Hillsdale II and
Country Club, were combined to equal the sales in Hillsdale I. Further, the premium was
not consistent. It existed in some years and not in others.
A further study was commissioned by BFI and conducted by Gordon Raussen, Dean of the
College of Natural Resources at Berkeley, with assistance from the Law and Economics
Consulting Group. The Raussen study concluded that there were several flaws in the
statistical modeling and subsequent interpretation as reported in the Sonoma State - ICPA
study. The analysis of landfill effects on property values occurred in the midst of three
disruptive factors—major construction of State Route 4 and the BART station, severe
decline in the California/Bay Area real estate market, and significant opposition and
negative descriptions of the proposed landfill. Diminution in value occurred before
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 11
BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued)
construction began. This diminution may have been due to perception, but not due to any
development operation characteristic of the landfill. The premium in Hillsdale had been
declining prior to Keller. There was no relationship between proximity to landfill and
decrease in values. Closer units did not experience greater decrease. The Raussen study
further criticized the statistical model and its application.
Most everyone agrees with at least one statement in the ICPA study which is "[t]he actual
value of a particular home in a neighborhood at any point in time is dependent on many
factors". One significant challenge is successfully isolating one factor, such as the landfill,
and determining its' sole impact on property values.
ANDERSON & BRABANT REPORT
While the County did not order a new study on the basic questions considered by ICPA,
there was a desire to avoid on-going duels between technical experts and along with self-
imposed limitations in the ICPA study, it was determined that additional information and/or
analysis was needed.
In late 1995, the County was informed of a property value loss case for the San Marcos
Landfill in San Diego County. While gathering information regarding the San Marcos
Landfill case, staff was referred to the real estate appraiser/consultant who analyzed the
property values and developed the compensation program which was approved by the
Court. The consultant is Bill Anderson of Anderson & Brabant, Inc. The County entered
into a contract with Anderson & Brabant Inc. to provide the Board with a basis to determine
appropriate action in light of all available information.
Bill Anderson was provided with the ICPA study and the challenges as well as additional
background materials for his use in developing an approach for the Board. He was
selected to develop this approach based on his experience and expertise as a real estate
appraisal professional who had successfully analyzed similar circumstances.
Anderson started with visits to the Keller Canyon Landfill and surrounding neighborhoods
as well as conducting interviews with property owners, real estate professionals, and
representatives from the landfill and local government (City of Pittsburg and County).
Anderson proceeded to gather information and conduct various analyses. Anderson used
a four pronged approach to address the property value issue: Multiple Listing Service
Historical Data, Price Trends Study, Regression Studies and Comparable Sales Analysis.
Upon completion of his analyses, Anderson finalized his report on October 7, 1996.
Anderson's conclusions are summarized below:
HillsdalefWoodside
By focusing on actual values of individual properties rather than neighborhood averages,
Anderson did not find property value losses in Hillsdale or Woodside due to the landfill.
He stated that "ftJhere is no historical precedent reflected in our studies to indicate that
properties within the Hillsdale neighborhood have suffered a loss in value due to their
proximity to the Keller Canyon Landfill'.
Bailey Road
Anderson found an impact associated with landfill operations to some residential
properties situated on the east side of Bailey Road and proposed a means of calculating
a compensation amount based on rental values. He states that "recognizing that this
section of Bailey Road is more appealing for tenant occupancy than owner occupancy, the
incremental influence on the properties can be analyzed on the basis of the income loss
Keller Canyon Landfill Property Valuation Process
March 18, 1997
Page 12
BACKGROUND/REASONS FOR RECOMMENDATIONS: (continued)
or potential income loss associated with landfill operations".
Anderson developed a mathematical formula that could be used to determine appropriate
property compensation based predominantly on market rental rates. Applying market
rental rates ranging from $300 to $800 per month to the calculation recommended by
Anderson results in lump sum amounts ranging from $1,800 to $7,200.
Anderson & Brabant's Final Report includes additional information regarding his analyses
and provides the study methodology, eligibility criteria, distribution methodology as well
as detailed appendices (including 78 individual appraisals).
Although Anderson's report did not find evidence of property value losses to homes in
Hillsdale, his report does not preclude the possibility that individual properties within the
Hillsdale neighborhood may have been affected by the landfill.
Attachments:
A. Report from HSD, dated March 11, 1997
B. Letter from KCL, dated March 4, 1997, regarding flooding
C. Land Use Permit 2020-89 Conditions of Approval
D Arial Photo of Keller Canyon Landfill and surrounding residential area
E. Maps depicting the residential neighborhoods north of Keller Canyon Landfill, which include:
Map E1 showing the distance of the neighborhoods from the ultimate area designated for
landfill disposal operations and Maps E2 - E7 which depict the various Payout Options
presented in this report
DD1I:KCL-PVP.BO
r
ADDENDUM ITEM D. 7
MARCH 18, 1997
On this date, the Board of Supervisors, considered the
report from the Director of the Growth Management and Economic
Development Agency on the Keller Canyon Landfill Property
Valuation Payout Program.
Val Alexeeff, Director, Growth Management and Economic
Development Agency, presented the staff report .
Rebecca Ng, Health Services Department, spoke on their
agency' s role for oversight of management of the landfill .
Following Board discussion of the matter, Supervisor
Canciamilla moved to accept the staff recommendation, with Option
7 (Map E-7) as the payout option and including the paragraphs
numbered 1 and 2 on page 7 of the staff report and adding to
paragraph 1 that the discussions with the Air Board, with the
LEA, with the City of Pittsburg and Keller Canyon include an on-
going air monitoring program.
Supervisor Uilkema seconded the motion.
Supervisor Canciamilla further included in the motion that
the balance of any unclaimed dollars default into the pool for
individual claims .
Following discussion of the motion, the Board took the
following action:
1 . APPROVED the staff recommendations as presented in the
report from the Director of the Growth Management and Economic
Development Agency on the Keller Canyon Landfill Property
Valuation Process with Option 7 (Map E-7) as the payout and the
balance of any unclaimed dollars to default into the pool for
individual claims; and
2 . ADOPTED paragraphs one and two on page 7 of the staff
report, with paragraph one modified to include a discussion of an
on-going air monitoring program.
ContraHealth Services Department
..�--, ENVIRONMENTAL HEALTH DIVISION
Costa 1'�` 1111 Ward Street
County
Martinez,Calfornia 84553-1352
(510)646-2521
DATE: March 11, 1997 ATTACHMENT A
TO: Board of Supervisors J`
FROM: Environmental Health Division Management Coalition
By: Rebecca Ng, Senior Environmental Health Spec ist
SUBJECT: Response to Questions Raised at February 11, 1997 Board of Supervisors Meeting
regarding Keller Canyon Landfill
Many questions were raised at the February 11, 1997 Board of Supervisors Meeting regarding the
operations, regulatory oversight and permitting of Keller Canyon Landfill. The following is an
attempt to address all the issues raised which relate to oversight by the Environmental Health
Division.
Local Enforcement Agency
The Contra Costa County Environmental Health Division is the designated local enforcement agency
(LEA)for solid waste for Contra Costa County and its 17 cities except Pittsburg. The County Board
of Supervisors and the majority of the cities gave approval for designation as LEA in 1991 - 1992.
The California Integrated Waste Management Board (CIWMB) approved the designation and
certified the Environmental Health Division as LEA as specified in the Public Resources Code
(PRC) commencing with section 43200.
The LEA is certified to carry out duties in permitting, inspection,and enforcement of state and local
regulations at solid waste landfills and transfer and processing stations. The LEA is certified to also
carry out inspection and enforcement of state and local litter,odor,and nuisance regulations at solid
waste landfills.
In order for an LEA to maintain certification,it must establish and maintain inspection,enforcement, ,
permitting, training, and regulatory programs in accordance with the regulations adopted by the
CIWMB. The CIWMB conducts performance reviews of the LEA and its programs a minimum of
every three years to determine if the LEA is in compliance with the requirements in the PRC and the
related regulations.
The LEA conducts monthly inspections of the active solid waste facilities including KCL, for
compliance with state minimum standards as detailed in Title 14 of the California Code of
Regulations. Areas of interest during an inspection are sanitary facilities,employee safety,employee
training, unloading of waste, spreading and compaction of waste, adequate cover over waste on a
daily basis, presence of vectors,harborage and-feeding of vectors, leachate control, gas control,
A373A (10/92)
March 11, 1997
Board of Supervisors
Page 2 of 6
litter control,noise control,dust control,types of waste received,load checking,record keeping,and
more.
Additional inspections may be conducted in response to complaints and/or special studies or
projects.These inspections are usually focused on the nature of the complaint or study. An example
is the alternative daily cover demonstration project currently being conducted at KCL using a
geosynthetic blanket instead of the soil cover. The LEA is on-site at least once a week and
sometimes two to three times a week monitoring for flies,mice,rats, dust, etc.
The LEA is funded by"tipping fees" imposed on the solid waste facilities in Contra Costa County
except for Pittsburg. The LEA tipping fee is $1.00 per ton of solid waste deposited in any one of
the landfills in the County. Section 43213 of the PRC gives the LEA the authority to collect this fee
but also imposes the restriction that "In no case shall the fee or other charge imposed by the
enforcement agency under this section exceed the actual cost of the solid waste enforcement
authorized under this title.".
Solid Waste Facility Permits
The PRC commencing with section 44001 specifies the requirements associated with who must have
a solid waste facility permit(SWFP),the application for a SWFP,the issuance of the SWFP,and the
review of the SWFP. Some requirements relevant for this report are:
1) The operation of a solid waste facility (including landfills)must be authorized by a SWFP.
2) The enforcement agency may only issue the SWFP if it finds the proposed permit is
consistent with the PRC and any regulations adopted applicable to solid waste facilities.
3) The CIWMB shall concur or object to the issuance,modification, or revision of any SWFP.
4) Any SWFP issued or revised, shall be reviewed at least once every five years and revised,
if necessary.
The application package for a SWFP requires detailed and comprehensive information on the ,
proposed operation of a solid waste facility. A complete application package must include any
permits from regulatory agencies having jurisdiction over the solid waste facilities. Attachment#1
to this report is a copy of section 18201 of Title 14,California Code of Regulations which describes
the contents of a solid waste facilities permit package. The contents of the permit package is the
basis for the approval and issuance of the SWFP.
March 11, 1997
Board of Supervisors
Page 3 of 6
Regulation of Keller Canyon Landfill
The Keller Canyon Landfill (KCL) opened in May 1992. KCL is regulated by a minimum of 20
different permits or entitlements and eleven different agencies. The following is a list of
entitlements,documents, and authorizations that govern the design and/or operation of the Landfill.
1) Contra Costa County Keller Canyon Landfill Final Environmental Impact Report, October
1989. State Clearinghouse#89040415.
2) Contra Costa County Land Use Permit,Conditions of Approval 2020-89(July 24, 1990)and
Implementation and Mitigation Monitoring Program(January 29, 1992)..
3) Contra Costa County First Amended Franchise Agreement,Approved September 13, 1994
as amended.
4) Contra Costa County Williamson Act Cancellation, July 14, 1990, October 5, 1991.
5) Contra Costa County Community Development.Department approval of Final Development
and Improvements Plan,Phase IA,October 25, 1991; Phase IB,April 1994; Phase IC,April
9, 1996; Phase 2A, September 10, 1996.
6) Contra Costa County Acceptance of Development Rights for Special Buffer Area,November
19, 1996.
7) California Regional Water Quality Control Board - San Francisco Bay Region Waste
Discharge Requirements Order No. 91-052 and 93-113.
8) Bay Area Air Quality Management District Authority to Construct and Permit to Operate,
May 30, 1991.
9) U.S.Department of the Army,Corps of Engineers Nationwide Permit No.26,June 14, 1991.
10) California Department of Fish and Game Stream bed Alteration Agreements, October 18,
1991.
11) California Water Resources Control Board Clean Water Act 401 Certification, October 3,
1991.
12) California Water Resources Control Board National Pollution Discharge Elimination System
General Permit#2-07S006887, Amended September 17, 1992.
March 11, 1997
Board of Supervisors
Page 4 of 6
13) Contra Costa County Hazardous Materials Division Permit to Operate Underground Storage
Tank#71406.
14) Contra Costa County Environmental Health Division and California Integrated Waste
Management Board Solid Waste Facilities Permit(Report of Disposal Site Information dated
1992, approved and incorporated into the SWFP.),May 7, 1992.
15) California Environmental Protection Agency Identification Number Cal 1000094199,May
19, 1992.
16) California Occupational Safety and Health Administration Air Compressor Permit.
17) Delta Diablo Sanitation District Industrial Waste Water Discharge Permit #0292150-5,
Expires January 31, 2000.
The following findings and certifications had been made prior to approval and issuance of the KCL
SWFP.
A) KCL is identified and described and is consistent with the Contra Costa Countywide
Integrated Waste Management Plan.
B) KCL is identified and consistent with the Contra Costa County General Plan Amendment
approved by the Board of Supervisors on October 17, 1989 and subsequently adopted with
the General Plan in January 1991.
C) The Board of Supervisors approved Contra Costa County General Plan Amendment Keller
Canyon Landfill (GPA 3-89-CO)which provides for compatibility with surrounding land
use.
D) The Riverview Fire Protection District certified in a letter that the KCL design was in
conformance with applicable fire standards.
E) The Contra Costa County Environmental Health Division determined that the proposed
design and operation of the KCL was in compliance with California minimum standards for
solid waste handling and disposal and was consistent with standards adopted by the
California Integrated Waste Management Board.
March 11, 1997
Board of Supervisors
Page 5 of 6
Keller Canyon Landfill Design
KCL is a landfill which is approved to receive"Class II"waste. Class II waste includes municipal
solid waste and designated waste (non-hazardous waste which consists of or contains pollutants
which could be released at concentrations in excess of applicable water quality objectives). In order
to receive Class II waste, &landfill must be lined and have a leachate collection and removal system
to remove any released pollutants. KCL has been constructed with a groundwater collection under
drain system,a leachate collection and removal system, a composite liner composed of one foot of
compacted clay and a geotextile material(high density polyethylene). KCL also has a gas collection
and removal system with a flare to burn off the naturally occurring landfill gases. At the time of
construction, KCL exceeded the California and Federal design standards required for Class II
landfills.
Types of Waste Approved for KCL Acceptance
The following types of waste were approved for acceptance by the LEA, CIWMB, California
Regional Water Quality Control Board (RWQCB), and Contra Costa County Community
Development Department(CDD)in 1992. The types of allowable waste has not changed since KCL
obtained the original approvals and permits.
Municipal Solid Waste Commercial and Industrial Waste Geothermal Wastes
Drilling Muds Agricultural Waste Cannery Wastes
Contaminated Soils Filter Cake/Dewatered Sludge Sewage Sludge
Shredder Waste Construction/Demolition Debris Spent Catalyst Fines
Note that many of the types of wastes listed above fall into categories known as designated and/or
special wastes. Special waste as defined by CIWMB is waste requiring special collection,treatment,
handling, and/or disposal techniques for disposal. An example of special waste would be a truck
load of expired canned fruits or construction/demolition debris. The definition of designated waste
was noted above. Many of these special or designated wastes are direct-hauled to KCL, meaning
the waste is hauled directly to the landfill rather than first being processed at a transfer station.
KCL Complaint History
In the past there have been many complaints made against KCL regarding litter escaping the landfill
and going into the neighborhoods, excessive dust, excessive noise, transfer vehicles being on the
road at the wrong time, flooding at Jacqueline Drive, alleged acceptance of hazardous waste and
various vectors including birds, mice,rats and rattlesnakes. The complaints have been responded
r
March 11, 1997
Board of Supervisors
Page 6 of 6
to by the LEA,the CDD,the RWQCB,the Bay Area Air Quality Management District(BAAQMD),
California Department of Toxic Control(DTSC),the Contra Costa County Mosquito Abatement and
Vector Control District (MAD), and the Contra Costa County Sheriff Department. Although
hundreds of complaints have been received,very few have been substantiated. The complaints that
were substantiated were early in KCL's history and generally due to construction of the landfill and
immediately remedied by the operator.
Each complaint received by the LEA is investigated and written documentation on the findings and
subsequent action is maintained on file. In many cases, photographs are taken as part of the
investigation and also maintained on file. An example is the investigation conducted in response
to litter complaints received on January 22, 1997. Attached to this report is a copy of the complaint
investigation. Photographs were taken but not included for this report.
Also included as an attachment to this report are copies of response letters hand delivered to homes
in the Hillsdale neighborhood regarding an investigation which was conducted following complaints
from residents about the influx of mice last year due to the mild winter season.
BN4:kcif3.7
Title 14• California Integrated Waste Manag(
transferred, or conveyed. The operator shall notify the enforcement
agency at least 15 days prior to such action by the owner.or within 7days Article 3.1. Application for Solid Waste
of receiving notice of such action by the owner,whichever comes first.
The enforcement agency shall transmit a copy of the notification to the Facilities Permits
board within five days of receipt.
(b)Any information provided pursuant to subdivision(a)of this sec- 18200. Scope.
tion shall not be a matter of public record and shall be considered confi- This article sets forth the method of application fora solid waste facili-
dential until such time as the owner's encumbering,selling,transferring. ties permit and procedures for review and action on the application pack-
or conveying of the property.occurs. age.Also dealt with in this article are related matters of application for
Nem: Authority cited: Sections 40502.4?020 and 43021.Public Resources modification to permits.reinstatement of permits after disciplinary ac-
Co de.Rckrence:Section 6255.Government Code;and Sections 43020.43021 tions.periodic revision of permits,exemptions front the application and
?00
and 40-45802.Public Resources Codc. permit requirements,and updating of certain application information.
HISTORY Related matters of modification. suspension.or revocation of permits
1.New section filed 3-1-95:operative when the minimum standards to be set upon investigation by the enforcement agency are included in article 4.
forth in Chapters 3.0 or 3.t of Division 7 of th is Title air filed with the Secretary
of State and become effective and operative(Register 95.No.9). NOTE Authoritycited:Sections 40502 and 43020.Public Resources Code.Refer-
ence:Sections 41020.43021 and 43000-45802.Public Resources Code.
§18105.9. Permit Review and Relesuance. HISTORY
a Ever standardized permit shall be reviewed al least once eve 1.New article 3(sections 18200-18217,not consecutive)filed 5-27-77:desig-
O Y ie every nated effective 7-1-77(Register 77.No.22).
five years front the date of issuance or reissuance. 2.Change without regulatory effect amending section filed 5-17-91 pursuant w
(b)The board shall notify the operatorand the enforcement agency 60 section 100.title 1.California Code of Regulations(Register 91.No.27).
days before the standardized permit is due for review. 3.Amendment of section and Nutt filed 7-15-93;operative 7-15-93(Register
(c)No fewer than 35 days before the standardized permit is due for re- 93•No.29).
view.the operator shall submit either a certification that the information t 18200.1. Definitions.
contained in the controlling permitiscurrent.orshall rile anew applica- (a)Unless expressly incorporated by reference or by statute.the defini-
tion pursuant to section 18105.1. tions in this Article govern only the construction of this Chapter.
(d)If an operator files a certification as specified in subsection(c) (1)"Complete"means all requirements placed upon the operation of
above or a new application pursuant to section 18105.1.the enforcement the solid waste facility by statute.regulation.and other agencies with ju-
agency shall follow the procedures set forth in section 18105.3 and risdiction have been addressed in the application package.
18105-3 and the board shall follow the procedures set forth in section (2)"Correct"means all information provided by the applicant regard-
18105.5. ing the solid waste facility must be accurate,exact.and must fully de-
NOTE. Authority cited:Sections 40502.43020 and 43021,Public Resources scribe the parameters of the solid waste facility.
Code.Reference:Sections 43020,43021 and 44015,Public Resources Code.
HrsnroRv (3)"Application Filing"means the enforcement agency has deter-
1.New section filed 3-1-95;operative when the minimum standards to be set mined the application package is complete and cored and the statutory
forth in Chapters 3.0or 3.1 of Division 7 of thisTitke am filed with the Secretary time limit contained in PRC Section 44008 commences.
of State and became effective and operative(Register 95.No.9). NOTE: Authority cited: Sections 40502 and 43020. Reference: Sections
44001-44017.44100-44101.44300-44301.44500-44503 and 4481344816.
t 18105.10. Suspend/Revoke. Public Resources Code.
Any standardized permit may be suspended or revoked by the enforce- HISTORY
agency for cause pursuant to section 44500 of the Public Resources 1.New seniors filed 7-15-93;operative 7-15-93(Register 93.No.29).
Code.Any such action shall be undertaken by the enforcement agency j 18201. Form of Application and Supporting Documents
using the procedures set forth in Articles 2 and 3,Chapter 4 of the Public (Application Package).
Resources Code(section 44500 er seq.). (a)Application fora solid waste facilities permit shall be submitted in
Not. Authority cited: Sections 40502,43020 and 43021,Public Resources triplicate with the enforcement agency on a form specified by the board.
Code.Reference:Sections 43020,43021 and 44500-44817.Public Resources (b)The application package shall require that information be supplied
Code.
11tsTORv in adequate detail W permit thorough evaluation of the environmental ef-
1.New section filed 3-1-95;operative when the minimum standards to be set fects of the facility and to permit estimation of the likelihood that the fa-
forth in Chapters 3.0 or 3.1 of Division 7 of this Title ate filed with the Secretary cility will be able to conform economic
the standards over the useful econic
of State and became effective grid operative(Register 95,No 9): life of the facility.The'applicatiiin package-"shall require,sarong other
things,that the applicant and the owner give the address at which process
f18105.11. Voiding of a Standardized Permit may be served upon them.
Every standardized permit shall be void 30 days after cessation of op- (c)All information in the application package shall be certified by the
orations.Any operator who intends to tease operations shall notify the applicant and the owner of the site as being true and accurate to the best
enforcement agency of his/her last proposed date of operation at least 15 knowledge and belief of each.
days in advance.The enforcement agencyshall forwardacopyof thisno- (d)A complete and correct application package shall include,but not
tifrcation to the board within 7 days."Cessation of operations"does not necessarily be limited to,the following items,except that any item on this
include temporaryoperational shutdowns which are seasonal or intermit- list that is not necessary to comply with Subdivision(b)of this section
tent in nature. need not be included
Nam. Authority cited: Sections 40502.43020 and 43021,Public Resources (1)Solid Waste Standards
Code. Reference:Sections 43020,43021 and 43000-45802,Public Resources (A)Application Form
Code.
Hirmy (B)Report of Facility Information
1.New section and tams Cf WMB 81 and 83 fikd 3-1-95;operative when the (C)County Solid Waste Management Plan/County Integrated Waste
minimum standards to be set forth in Chaptens 3.0 or 3.1 of Division 7 of this Management Plan Conformance(Public Resources Code(PRC)Section
Title are filed with the.Secretary of State and become effective and operative 50000)
(Register 95.No.9). (D)General Plan Consistency(PRC Section 50000.5)
2.Change without regulatory effect moving tams to section 18831,appendix A (E)Waste Diversion Information(PRC Section 44009)
filed 4-296 pursuant to section 100,title 1,California Code of Regulations
(Register 96.No.14). (F)Verification of Fire District Compliance(PRC Section 44151)
Page 803 Regisia 96.No.14:4-5-96
J 18202 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14
(2)Additional Standards for Disposal Sites given by the riling of a certified amendment to the application within five
(A)Periodic Site Review(California Code of Regulations(CCR)Sec- business days of the applicant's first knowledge of the changes.A copy
tion 17607) of the amendment shall be provided the board by the enforcement agency
(B) Preliminary or Final Closure/Post Closure Plan (CCR Articles within five business days of filing. -
33-3.5) (b)If the enforcement agency or the board determines that the amend-
(C)Financial Assurance Documentation(CCR Articles 3.4 and 3.5) ment fundamentally alters the nature of the application,which requires
(D)Operating Liability Requirements(CCR Article 3.3) evaluation,within twenty days of the filing of the amendment the en-
(3)Land Use Agreements force ment agency or board maydeem the amendment a new application.
(A)Land Use and/or Conditional Use Permits superseding the previous application and incorporating unamended por-
(B)I case Agreements:Owner/Operator tions of the previous application.in which case the time for the enforce-
(C)Contract Operator Agreements mcni agency and the board to act on the amendment shall he computed
(4)Federal.State and Local Requirements from the date of filing of die amendment.Any such detcrtnnination by ei-
(A)Regional Water Quality Control Board titer the enforcement agencyortheboard shall b documented within five
1.Waste Discharge Requirements or Written Waiver business days of the determination by written notice to the applicant and
2.Cleanup and Abatement Order either the board(if thedeterminationismadebytheenforcementagency)
3.Workplan for Corrective Action or the enforcement agency(if the determination is made by the board).
4.Notice of Intent for Stommwater/NationalPollution Discharge Him- (c)Fonpurposesofthis section.apermit shall be deemed neitherissued
ination Systems permit nor denied while a decision of the enforcement agencyon the application
(B)Air Pollution Control District/Air Quality Management District is being appealed to either the hearing panel or the board.
1.Permit to Construct Non_Authoritycited:Sections 40502 and 43020,Public Resources Code.Refer-
2.Permit to Operate once:Sections 44001-44006.Public Resources Code.
(C)Department of Toxic Substances Control Htsroev
1.Hazardous Waste Facility Permit 1.Change without regulatory effect amending section filed 5-17-91 Pursuant to
2.IiPA Generator Iii# section 100,title I.California Code of Regulations(Register 91.No.27).
2.Amendment filed 7-1."3.operative 7-1"3(Register 9?.No.29).
(D)Other
1.Department of Fish and Game Permits J 18203. Filing of Application and Transmittal of Copies.
2.Coastal Commission Approvals (a)Upon itsieceipt,the enforcement agency shall mark the application
3.Army Corps of Engineers Permit(Title 33,United States Code.Sec- package with the date of receipt.The enforcement agency shall within
tion 1344) five days transmit two copies of the application package,bearing the date
4.Federal Aviation Administration Notification (Tile 40, Code of of receipt,to the board and a copy of the application form to the Regional
Federal Regulations,Part 258.10(b)) Water Quality Control Board having jurisdiction over the facility.The
5.Other required Local and County Ordinances/Petmits enforcement agency shall examine the application package to determine
The enforcement agency may require that the applicant.owner of the whether it meets the requirements of section 18201.If the enforcement
site.or both supply such additional information as it deems necessary. agency finds the package meets the requirements of section 18201,the
(e)Application for review of a permit shall be made on the same form application shall be accepted and stamped with the date and time of ac-
but may omit matters provided on the previous application that remain ceptance.Notwithstanding any other provision of thisdivision.the appli-
constant.Certification of a review application containing blank entries cation shall be deemed filed on the date of acceptance.
shall be deemed certification that the corresponding information on the (b)If the enforcement agency determines that the application package
immediately preceding application fon the same facility,as it may have does not meet the requirements of section 18201,it shall reject and not
been amended,remains true and correct as of the date of the subsequent file the application,and it shall,within five business days of the determi-
certification. nation,so notify the applicant,ehumerating the grounds for the rejection.'
(f)The application shall be accompanied by the filing fee prescribed In such a case,the enforcement agency shall return all but one copy of
by the enforcement agency. the application to the applicant.The retained copy,together with the no-
Comment:The level of detail required in an application is intended to tice of rejection,shall be kept in the enforcement agency's file.
permit a determination whether the facility,if granted a permit,is likely (c)Tine enforcement agency shall either accept onreject the application
to be able to meet the standards;the information should also permit the package within thirty days of its receipt.
enforcement agency and the board to give careful consideration to pre- (d)Within seven days of acceptance or rejection of an application
vention of environmental damage and long-term protection of the envi- package,the enforcement agency shall notify the board of its determina-
tvanment,the primaryconsideration in issuing,modifying,orrevising any tion.If the accepted application package differs from the originally sub-
permit. Public Resources Code sections 44011-44013 and 44015- mited package,the enforcement agency shall include in this notification
44017. copies of any additional or changed documents.
NOTE Authority cited:Sections 40002,40502 and 43020,Public Resources (e)Upon request of the applicant,the enforcement agency and the
Code. Reference: Sections 44001-44017,44100-44101,44300-44301. hoard may accept an incomplete application package.As a condition of
44500-44503,and 44813-44816,Public Resources Code. acceptance;the applicant shall waive the statutory time limit contained
Htsendi in the Public Resources Code Section 44008 and the enforcement agency
I.Change without regulatory effect amending section(Refile5 ter 91. o.27). to shall waive the statutory time limit contained in the Public Resources
.section 100,title 1,California Code of Regulations(Register 91,No.27). �'Y
2.Amendment filed 7-15-93;operative 7-15-93(Register 93,Na 29). Code Section 44009.The enforcement agency shall notify the applicant
.3.Change without regulatory effect repealing subsection(d)(1)(F)and relettering within 30 days whether on not the applicant's request fon review under
subsection filed 1-18-94 pursuant to title I,section 100,California Code of this subdivision has been accepted.If the application package does not
Regulations(Register 94,No.3). conform with the requirements of Section 18201 within 180 days from
the date of filing the enforcement agency shall deny the permit.pursuant
J 18202. Amendtnents to Application. to Tide 14,California Cc&of Regulations,Section 18209.
(a)At anytime after the application package has been submitted and (f)If an application is determined not to be complete.the applicant
before issuance or denial of the permit or alteration thereof.the applicant may appeal the decision to the approving agency making that determina-
shall promptly notify the enforcement agency of any changes in any of tion within fifteen(15)days of the date that notification was sent.Such
the information required in the application package.Such notice shall be an appeal must be in writing and specify the grounds for the appeal.A ft-
Page 804 RegWc96.r,0.14:4-5-96
_ ME
— ATTAR #2
Complaint Investigation
Date Received: 1/22/97, 1:31 p.m. left on 646-1251 voice mail
1/22/97, 2:35 p.m. retrieved from voice mail by Rebecca Ng
Owner: Keller Canyon Landfill Inc.
Address: 901 Bailey Road,Pittsburg, CA 94565
Phone: 458-9800
Complainant: Frank Aiello
Address: Left no address
Phone: Left no phone number
Nature of Complaint:
There has been lots of garbage blowing out of the Keller Canyon Landfill. The complainant said
they have been videotaping garbage flying out into the neighborhood. He claims that there is
garbage in yards and the street. Mr. Aiello also said that obviously the LEA would not be able to
investigate the complaint in a timely manner,therefore,he was going to call the State.
Action Taken:
1/22/97,2:38 p.m. -Eric Horton at Keller Canyon Landfill was called on the telephone and told that
there was a complaint about litter flying out of the Landfill into the neighborhood. Mr. Horton told
me that it was really windy that day and the wind had picked up about 12:30 p.m. Paper was
blowing over the toe berm toward the sedimentation pond but not off-site that he knew of. They
decided to discontinue taking municipal solid waste by cutting off receipt of the transfer vehicles at
1:00 - 1:15 p.m. They proceeded to cover the working face and assigned all personnel to picking
litter. Personnel was also sent to the neighborhood to survey for litter and clean up areas if
necessary. Mr. Horton drove to the end of Jacqueline Drive and through the neighborhood at
approximately 1:30 p.m.and said nothing was noticed in the neighborhood. He was able to see some
litter on the Keller Canyon property but nothing in the neighborhood.
1/22/97,I drove out to the Hillsdale neighborhood adjacent to Keller Canyon Landfill and arrived
at the end of Jacqueline Drive at 3:17 p.m. I proceeded to drive through the neighborhood and take
photographs of the conditions which existed at the time. Very few pieces of litter-paper or plastic
were noticed. ( See accompanying photographs.) After driving through the neighborhood, I drove
up to Keller Canyon Landfill. I spoke with Mike Caprio and requested a print-out of the vehicle log-
in to confirm that the transfer vehicles were stopped. (See vehicle log-in.)
Conclusion:
Observations made from 3:15 p.m. through 3:40 p.m. in the Hillsdale neighborhood indicated that
substantial amounts of litter had not escaped from Keller Canyon Landfill into the neighborhood.
Page 2 Of 2
KCLF Complaint of 1/22/97
In fact,pieces of litter were counted in the neighborhood streets adjacent to the Landfill. Seven(7)
pieces of paper and plastic and several aluminum cans(which can't fly)were noticed on the streets.
The Keller Canyon Landfill Ticket Register confirm that the municipal solid waste transfer vehicles
were stopped from depositing waste at the Landfill after a 1:07 p.m. load. Keller Canyon Landfill
management took immediate steps to reduce or eliminate any litter problems that may have occurred
due to the high winds on that day. No violations were noted.The complainant was not notified since
no phone number or address were left.
BNl:kclfcomp ClA
! .._ ATLAt'IM4MT #3
('""Contra ` - Icann� DIVISIONOw vices ulep'�r'Ct7 ent
t,./��7tGt �• _ EWRONMENTAL HEALTH DIVISION
o: ;;__ 1111 Ward Street
County �. 1
�4o Martinez,California 94553-1352
(510)646-2521
A C'
July 9, 1996
Residents of Pittsburg:
As a result of telephone complaints from Concord Drive residents, personnel of the Contra Costa
County Environmental Health Division(EH)and the Contra Costa Mosquito and Vector Control
District (District) conducted investigations into the large numbers of mice- dead and alive, and
smaller numbers of rats, gophers and snakes. Since mid-June EH personnel has visited and
talked to many residents of Concord Drive neighborhood regarding the complaints. EH
personnel also consulted with vector control specialists in the area. Additionally, District
personnel visited the neighborhood and collected dead mice for testing of plague and tularemia
by the California Department of Health Services. The investigation uncovered the following.
Findings
1) Complaints of large numbers of rodents, particularly mice, have been received from
areas throughout Pittsburg and Antioch.
2) More dead mice were reported in the Concord Drive neighborhood.
3) The dead mice seen appeared normal with no visible signs of bleeding or other trauma.
4) It is natural for mice to leave their homes/natural habitat if the homes are disturbed
and/or in search of food and water. This usually occurs twice a year when spring turns
to summer and the fall when the weather gets cold.
S) The period of time cited most often by residents with the increased appearance of the
mice coincided with the increase in temperature and discing in the adjacent fields for fire
suppression.
6) The abundance of dead mice in the Concord Drive neighborhood may be attributed to the
lack of water in the area. Complaints about live mice were received from other areas,
however, those neighborhoods have creeks running through them.
7) The California Department of Health Services testing of the mouse specimens were
negative for both plague and tularemia.
A373A (10/92)
Conclusion and Recommendations
Based on the evidence examined and vector control specialists' opinions, the large mouse
population and die-off experienced was a natural phenomenon that resulted from a mild winter.
Although diseases transmitted by mice do not seem to be a great threat to the neighborhood
residents at this time, it is recommended that measures be taken to keep mice out of the home
and yard. Measures may include clearing grounds of debris; keeping lawns well clipped;
eliminating or limiting food sources such as fruit, nuts, bird seed and pet food; close exterior
openings in walls and vents; and checking doors and windows for tight fits. Finally, if dead
animals are found, the carcasses should be handled with gloves or shovels rather than bare
hands. In addition, pets may pick up fleas when nosing dead rodents; it might be wise to ensure
that your pets have good flea collars or that they get checked and treated regularly.
If you have any questions of the Contra Costa Mosquito and Vector Control District, please call
Steve Schutz, Entomologist at 685-9301, extension 105. Should you have any questions
concerning this letter, please call the undersigned at 646-1251.
E
Ng, R.E.H.S
vironmental H h Specialist
DNI mice
Contra _ neaiti r mer Vlueb vepartrrlent
Costa - •. ENVIRONMENTAL HEALTH DIVISION
�7 a nes s 1111 Ward Street
Count\/ y �o Martinez,California 94553-1352
JJv� (510)646-2521
July 24, 1996
Residents of Pittsburg:
This correspondence is to follow up the July 9, 1996 letter that was distributed in the Concord Drive
neighborhood regarding the numerous complaints about mice and other rodents. It is the goal of the Contra
Costa County Environmental Health Division (EH) and the.Contra-Costa Mosquito and Vector Control District
(District) to keep the neighborhood residents informed of the investigation and the findings. Investigations were
conducted by both agencies and mice were collected by the District for communicable disease testing at the
California Department of Health Services (DHS) laboratory. The mice tested negative for plague and tularemia.
The July 9th letter attributed the cause of the influx of rodents into the neighborhood to explosive breeding
following a mild winter, a scarcity of food and water as the weather turned hot, and destruction of natural habitat
by discing of adjacent fields.
On July 18, 1996, our agencies received additional information from DHS regarding the laboratory testing. DHS
conducted a second series of tests on the mice and confirmed that the results were negative for plague and
tularemia. However, one meadow vole tested positive for Pasteurella multocida, a bacteria that is known to kill
mice and other rodents and can cause a mild infection in humans commonly known as cat-scratch disease.
Pasteurella multocida is normally present in the mouths of cats and dogs and does them no harm. The bacteria
can be transmitted to humans through animal (most commonly cat) bites or scratches. Washing bites or
scratches with soap and water, and use of an antiseptic, can prevent infection. Should signs of infection(redness,
swelling, swollen glands, fever) follow an animal bite or scratch, a physician could be contacted. This type of
bacterial infection is not considered a public health threat and is = transmissible from person to person.
The District has also received calls about large numbers of living and dead mice from other parts of Pittsburg
and Antioch, suggesting that this is a widespread phenomenon not limited to the Concord Drive neighborhood.
Our conclusions as previously stated, is that the large rodent population is a natural phenomenon resulting from
a mild winter. The mice die-off is also a natural phenomenon caused by the stress of overpopulation followed
by a lack of sufficient food and water and the spread of a common bacterial infection, Pasteurella multocida,
which naturally reduces the population. The bacteria is not a serious threat to public health and is easily
prevented by cleansing thoroughly if scratched or bitten by an animal. Also avoid direct skin contact with dead
or dying rodents; use rubber gloves or a shovel when disposing of carcasses.
If you have any questions of the Contra Costa Mosquito and Vector Control District, please call Steven Schutz,
Entomologist at 685-9301, extension 105. Should you have other questions, please call the undersigned at 646-
1251.
Sincer ,
ebecca Ng, R.E.H.S.
Senior Environmental Heal pecialist BNl:mice2
A373A (10/92)
-� Keller Canyon R--W*d;mpw�
Landfill Company- AREC=CCIST ;
BAR - 6 1996
March 4, 1997
ATTACHMENT B
Mr. Kevin Carunchio
Waste Reduction Coordinator
City of Pittsburg
2020 Railroad Avenue
Pittsburg, CA 94565
RE: Keller Canyon Landfill Sedimentation Basin
Dear Kevin:
It was a pleasure meeting with you last week to discuss Keller Canyon Landfill Company's
Community Affairs Initiative for the City of Pittsburg. It is our hope that City staff and BFI personnel
can work together in the coming months to bridge the gap that has existed between our company and
the surrounding community as well as form the basis for a long-term sustainable relationship. We
believe-that the concepts which were discussed are attainable and should serve to demonstrate BFI's
commitment to improving our working relationship with the City and it's residents.
As we discussed during our meeting, a schematic cross-section of the vicinity of the sedimentation
basin at the Keller Canyon Landfill has been included in this transmittal. The purpose of the diagram
is to illustrate the relationship between this drainage control feature and the down stream
improvements on property owned by others adjacent to Jacqueline Drive.
The sedimentation basin is designed to prevent flooding and to release a controlled flow of water
which is consistent with the design capacity of the City of Pittsburg's storm drain system underneath
Jacqueline Drive. Due to a lack of maintenance on the 24-inch drop inlet on the Seeno Properties
parcel prior to the January 1997 storms,runoff from the sedimentation basin was not able to properly
discharge into the storm drain system underlying Jacqueline Drive. As a result, some surface water
runoff did occur on Jacqueline Drive for a short period of time.
It is important to note that the runoff which occurred along Jacqueline Drive during the January 1997
storms was not related to a malfunction of the Keller Canyon Landfill sedimentation basin but as
noted previously,was the result of a failure of others to maintain drainage control features on their
property. In fact, the construction of the sedimentation basin has served to significantly reduce the
possibility of localized flooding which occurred on a regular basis before the landfill was-constructed.
901 BAILEY ROAD • PITTSBURG, CALIFORNIA 94565 • (510)458-9800 • FAX: (510)458-9891
A Subsidiary of Browning-Ferris Industries
In an effort to facilitate discussions with the residents along Jacqueline Drive, it would be extremely
beneficial to have a technical representative of your public works department review the attached
diagram and offer their opinion as to the conclusions drawn in the preceding text. We believe that
concurrence with these conclusions by a representative of the City will serve to alleviate some of the
concerns of local residents. In turn,this will allow BFI to further develop a working relationship
with the community.
As a gesture of good faith, Keller Canyon Landfill personnel will monitor the 24-inch inlet on the
Seeno Properties parcel in an effort to reduce the possibility of a similar type of occurrence in the
future. Landfill personnel will make every effort possible to remove debris from the area to enable
discharge from the landfill to properly enter the City of Pittsburg's storm water control inlet near the
terminus of Jacqueline Drive.
Should you have any questions on this matter please contact me at(510)458-9800. Thank you for
your consideration in this matter.
Very truly yours,
Michael Caprio
District Manager
MC:mc
enclosures
cc: Val Alexeef- Contra Costa County Community Development
Tom Bruen,Esq. -Bruen& Gordon
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••, �'\ ATTACH M ENT C
9 �''•'� _ Jam•
Osr'1 C'OL�r
LAND USE PERMIT 2020-89
CONDITIONS OF APPROVAL
KELLER CANYON LANDFILL
Approved by the
CONTRA-COSTA COUNTY BOARD OF,SUPERVISORS
JULY 24, 1990
Amended by the:
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
NOVEMBER 1, 1994 (Amendment 1)
TABLE OF CONTENTS
1 . SHORT TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3. COMPLIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4. VALIDITY PERIOD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5. SERVICE AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6. ELIGIBLE AND INELIGIBLE WASTES . . . . . . . . . . . . . . . . . . . . . . . . . 4
7. LOAD INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8. ELIGIBLE REFUSE TRANSPORT VEHICLES . . . . . . . . . . . . . . . . . . . . 5
9. OPERATING PARAMETERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10. WASTE MEASUREMENT AND CHARACTERIZATION . . . . . . . . . . . . . 8
11 . ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12. RATE REVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13. FRANCHISE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14. LAND USE PERMIT PLAN CONSTITUENTS . . . . . . . . . . . . . . . . . . . . 14
15. DEVELOPMENT AND IMPROVEMENTS PLAN 15
16. SLOPE AND SEISMIC STABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17. GROUNDWATER PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18. SURFACE WATER PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19. HAZARDOUS WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
20. AIR QUALITY PROTECTION 24
21 . NOISE CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
22. VISUAL QUALITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
23. AGRICULTURAL AND BIOTIC RESOURCES . . . . . . . . . . . . . . . . . . . . 31
24. BIRD AND VECTOR CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
25. LITTER CONTROL . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
26. PUBLIC HEALTH AND SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
27. SITE SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
28. CULTURAL RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
29. TRANSPORTATION AND CIRCULATION . . . . . . . . . . . . . . . . . . . . . . 39
30. SITE SERVICES AND UTILITIES PLAN 41
:31. WASTE REDUCTION AND RESOURCE RECOVERY . . . . . . . . . . . . . . . 44
32. CONSTRUCTION ACTIVITIES AND CONDITIONS . . . . . . . . . . . . . . . . 46
33. CLOSURE AND POSTCLOSURE MAINTENANCE . . . . . . . . . . . . . . . . 47
34. ABANDONED VEHICLE STORAGE . . . . . . . . . . . . . . . . . . . . . . . . . . 48
35. SPECIAL CONDITIONS OF APPROVAL . . . . . . . . . . . . . . . . . . . . . . . 49
1: SHORT TITLE
.1 Short Title. The Keller Canyon 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 Landfill operator for
implementing conditions involving maintenance and management. Re-
gardless of these identifications, the Landfill 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 responsible for notifying
the County Community Development Department of any change in
ownership. A change in ownership shall be interpreted 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 Landfill facility to
meet the requirements of the San Francisco Regional Water Quality Control
Board for a Class 11 waste disposal facility.
.3 State Minimum Standards. The operation and maintenance of this facility
shall atoall 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.
1
.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.
.6 Subchapter 15. The Landfill operator shall at all times comply with the
provisions and requirements of Subchapter 15 of Chapter 3 of Title 23 of
the California Administrative Code ("Subchapter 15") 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
0. and requirements of utilities, districts, or agencies which have jurisdiction
over the installation of improvements or provide services to the landfill.
rw .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-delivery, 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 developer is pending. The Landfill developer may request from the
Director of Community Development one or more one-year extensions of
2
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).
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 II 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
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 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 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
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.
.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.
.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
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
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.
=r.
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
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 interested 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 six days a
week. It shall close on Sundays.
.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.
.4 Minimum Buffer Zone. The Landfill developer shall reserve a minimum
buffer of 2,000 feet from the closest place of permanent waste placement
to the closest existing residence on Jacqueline Drive.
.5 Special Buffer Area. No residential housing shall be permitted at any time
in the special buffer area. See Condition 23.2.
.6 Dedication of Special Buffer Area. At the time-of the submission of the
landfill's Development and Improvement Plan, pursuant to Government
Code Section 7050, the landfill owner shall offer to dedicate the fee title
of the land within the Special Buffer Area to the County of Contra Costa
for recordation. The County may accept the fee title and complete the
dedication subsequent to the opening of the landfill for the disposal of
waste. In making the offer of dedication the Landfill owner may reserve
the rights to carry out mitigation programs required by these Land Use
Permit Conditions of Approval,, and as may be further detailed in
implementation plans required to be prepared by these Conditions within
the Special Buffer Area. The Landfill operator may perform grading and
make installations, such as drainage ditches within the Special Buffer Area
7
related to the landfill facility, provided that the grading and installations are
consistent with the approved final Development and Improvements Plan
and do not impair the capability of the Area to accommodate agricultural
grazing and provide habitat mitigation consistent with these Conditions of
Approval. Similarly, the Landfill operator shall be allowed to carry out
closure and post-closure activities related to the landfill or the Special
Buffer Area provided that such activities are consistent with a County-
approved closure plan and with the uses of the land allowed by these
Conditions of Approval.
The County may require the Landfill operator to maintain the Special Buffer
Area, subsequent to dedication, at the operator's expense. Maintenance
shall include security, weed control, erosion control and the provision of fire
trails.
10. WASTE MEASUREMENT AND CHARACTERIZATION
.1 Volume Estimation. The Landfill operator shall submit topographic 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 weighing 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 Community Development Department and County Health Services
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
8
Planning Commission shall hold public hearings on the Land Use Permit at
three-year intervals. 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, safety, and welfare.
Nothing in this condition shall preclude the Landfill owner from applying for
amendments to the Land Use Permit at any time or preclude the County
from addressing emergency situations or new requirements imposed by
State or Federal 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 this Land Use Permit, if such approval is
forthcoming. Meetings shall be initiated following the approval of a Land
Use Permit and shall be held at least quarterly through the first two years
of landfill operation. Subsequently, meetings 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 fill-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-compliance, 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
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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 construction and landfill
operations. The Coordinator shall be a staff-member or.a consultant. The
owner shall make quarterly advance payments.
The Landfill developer and operator shall provide such information 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
Conditions of Approval and mitigation monitoring programs, as designed
and implemented by the County Community Development and Health
Services Departments.
.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 Landfill 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. In no case shall the annexation relieve the Landfill operator of
the financial responsibilities, including payment to the County of mitigation
fees, specified in these Conditions.
.8 Fee and Surcharge Identification. The Landfill operator (permittee) shall not
identify the costs of public agency (County, etc.) fees, charges, or
surcharges on bills and receipts issued to. landfill users. without first
obtaining the specific written approval of the County.
.9 Interpretation of Conditions. The Community Development Department
Director is authorized to interpret these Conditions 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.
10
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.
.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 Development or 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 to 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.
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.2 Rate Review. The Board of Supervisors shall 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 changing 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 operators 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, accounting 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
Accountant currently licensed to practice in the State of California. 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 records are
relevant.
.6 Scope of Rates. The Board of Supervisors may require that the landfill
operator include in its rates collection 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,
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abandoned vehicle removal, solid waste planning, and any other conditions
of approval.
13. FRANCHISE AGREEMENT
.1 Franchise Compliance and Agreement. The Permitee-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 written
prior 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 deems necessary, including , but not limited to complete
indemnification of the County, liability insurance by type and amount,
performance bond by type and amount, rights of the County to acquire
ownership of the landfill, funding for mitigation and reimbursement of
County costs, funding for closure or post-closure costs, franchise or
agreement fee fees) rate review and approval procedure and determination
of and consequences of breaches of the franchise.
.4 Requirement. Permitee 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 entered an agreement with the Board of
Supervisors).
.5 County Discretion. Notwithstanding any other provision of this Permit,
Permittee acknowledges that the County's discretion to grant or deny one
or more said exclusive, non-exclusive or otherwise franchises or similar
agreements is not limited or abridged in any manner by this Permit; and that
this Permit does not require the approval of any such franchise or
agreement. County reserves the right as part of the negotiation and entry
of any such franchise or agreement to enter a public-private partnership
with the Permitee for the project and/or to pursue the rights of the County
to acquire ownership of the Landfill.
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14. LAND USE PERMIT PLAN CONSTITUENTS
,1 Initial Development and Improvements Plan. The Initial Development and
Improvements Plan approved by this Land Use Permit, and modified by
these Conditions of Approval, shall consist of the following schematic plans
included in the applicant's January 31, 1989 entitlement application, the
Keller Canyon Landfill Comprehensive Project Description (February 1989)
and addendum (December 1989), and the 3-volume Site Characterization
Report (September 1989).
,a) Grad in Plans with fill limits for each phase.
b) Layout for Groundwater Collection System.
c) Liner System Cross-section and Installation Sequence.
d) Leachate Collection System Layout Plan.
e) Gas Collection Layout Plans for each phase.
f) Surface Water Drainage Plan.
g) Facilities Site Plan for Operations and Maintenance.
h) Leachate, Landfill, Gas and Water Storage Facility.
} i) Landfill Access Road Plans Profiles, Typical Section.
j) Bailey Road Plan and Typical Section.
F' k) Landscape Facilities Site Plan for Operations and Maintenance.
1) Landscape Plan for Leachate, Landfill Gas and Water Storage
Facilities.
m) Landscape 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
4 requirements for building,• serving, and operating the Landfill. The
approvals shall include, but are not limited to:
a) Waste Discharge Requirements from the Regional Water Quality
Control Board.
b) Authority to Construct (and Authority to Operate Requirements)from
the Bay Area Air Quality Management District.
c) Wetland Modification Permit from the Army Corps of Engineers.
d) Streambed Alteration Agreement from the State Department of Fish
and Game.
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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 jurisdiction over the project. The Landfill developer shall notify
the Community Development Department if proposed or adopted Conditions
or requirements do not' appear to be consistent with this Land Use Permit
or the Landfill's Environmental Impact Report.
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 Development and Improvements Plan
to the Community Development Department 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,
but 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 Developments
and Improvements Plan.
The Development and Improvements Plan shall include:
a) Site Development Plan, as described in the following sections.
b) A Surface Water Management and Sediment Control Plan, (Section
18).
c) An Agricultural and Habitat Enhancement Plan, (Section 23).
d) A Waste Reduction and Resource Recovery Program, (Section 31).
e) A Landscape (screening) Plan, (Section 22).
15
f) A Landfill Gas Management/Air Quality Monitoring/Odor Control Plan,
Section 20).
g) A Leachate Management Plan, (Section 17).
h) A Site Services and Utilities Plan (Section 30).
i) A Traffic/Circulation Plan, (Section 29).
.2 In approving the Development and Improvements Plan, the Community
Development Department Director may allow the Landfill developer 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 phasing.
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.
V
.2 Seismic Design. The Landfill, its drainage features and operating
components (lifts, berms, liners, sediment pond, leachate and gas collection
systems and major stockpiles) shall be designed to withstand the Maximum
Credible Earthquake (MCE) and a 0.65g acceleration rate. The Landfill
developer shall utilize a MCE (design earthquake) specified by the County
Community Development Department and the San Francisco Regional
Water Quality Control Board. The Landfill developer shall provide
substantiation in the Final Development and Improvements Plan that the
Landfill design will withstand the MCE.
.3 Landslide Study. The Landfill developer shall employ a licensed geo-
technical 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 geotechnical
professional. The study shall be subject to the approval of the County and
the San Francisco 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.
.4 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 responsible to the County. The consultant
shall inspect regularly the installation and condition of liners, leachate
16
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.
.5 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 San Francisco Regional Water Quality Control Board
and included in the Final Development and Improvements Plan.
.6 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.
.7 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 shall be included in the
Improvements and Development Plan. The Settlement program shall be
subject to the approval of the County Community Development Department
and the San Francisco Regional Water Quality Control Board.
.8 Post-Earthquake Program. The Landfill operator shall prepare and
implement an emergency program for inspecting the Landfill facility, dealing
with failures and providing refuse handling for implementation following a
substantial earthquake. The program shall be subject to the approval of the
County Community Development Department and the County Health
Services Department.
.9 Settlement Pond Embankment Design. The Landfill developer shall design
the settlement pond to control foundation seepage through the means of,
a filter or other materials.
.10 Settlement Ponds) 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.
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.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.
.12 Unstable Areas. Areas with landslide potential to affect landfill operations
shall be stabilized through excavation or other methods such as compacting
or the construction of retaining walls. Grading operations shall be
performed in a manner which shall not destabilize slopes.
17. GROUNDWATER PROTECTION
.1 Groundwater Protection Objective. The Landfill shall not impair the
beneficial uses of groundwater on the Landfill site or in its vicinity. The
design and monitoring of the Landfill shall be based upon the assumption
of the existence of high permeability interconnecting cracks and fissures in
the underlying strata allowing the potential of groundwater transmission.
' .2 Landfill Liner. The Landfill developer shall install a engineered liner system,
including a clay liner and a high-density polyethylene liner, which meets
State Class II Landfill standards. The liner shall be approved by the San
Francisco Bay Regional Water Quality Control Board and its specifications
and design shall be included in the Development and Improvements Plan.
The liner shall be designed to withstand the Maximum Credible Earthquake
as specified by the Regional Water quality Control Board. See Section 16.
.3 Leachate Collection System. The Landfill developer shall install a leachate
collection system which shall meet State Class 11 standards. The leachate
?` collection system shall be approved by the San Francisco Bay Regional
Water Quality Control Board, and its specifications and design shall be
included in the Development and Improvements Plan. Leachate shall be
contained by a double liner system consisting of a two-foot thick layer of
clay overlain by a synthetic membrane liner. Enclosed storage tank design
for leachate treatment shall meet hazardous waste storage requirements,
which includes a double liner system with perimeter berms. An emergency
connector shall be installed between the pre- and post-treatment tanks in
the event of an overflow situation. A tanker truck shall be readily available
for emergency purposes. Measures shall be taken to limit leachate
formation, such as prompt covering of waste and provision of surface
water drainage away from landfill areas.
18
.4 Surface Drainage System. Water collected in the underdrain system
beneath the landfill shall be monitored on a regular basis specified by the
San Francisco Regional Water Quality Control Board. If contaminated, this
water shall be treated as leachate. See Section .18.2.
.5 Groundwater Monitoring. The Landfill developer shall install a groundwater
monitoring system and implement a monitoring program, as required by the
San Francisco Bay Regional Water Quality Control Board. The monitoring
stations' specifications, locations, and their frequency of monitoring shall
be included in the Development and Improvements Plan. The proposed
monitoring, program- shallbe subject- to review by the, County Health
Services Department and the County Community Development Department.
.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 San Francisco 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 on 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 San Francisco Bay Water Quality Control Board and the
County Health Services Department.
.8 Liquid Waste Disposal. The Landfill operator shall comply with the
requirements of the Regional Water Quality Control Board for disposal of
de-watered sewage and other utilities' sludges in the Landfill to prevent
excess liquid concentrations. The Landfill operator shall not accept other
liquid wastes.
.9 Drainage Grading. The Landfill developer shall grade completed fill areas
to convey surface run-off to ditches at the fill perimeter to limit infiltration
into the Landfill. 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'disposal facility. If leachate is returned to the
fill area, it shall be injected under the Landfill's cover rather than applied
19
over its surface. The return of leachate to the Landfill shall be subject to
the solids-to-liquids ratio, restrictions defined by the San Francisco Bay
Regional Water Quality Control Board and the County Health Services
Department. If leachate is transported to an off-site disposal/treatment
facility, it shall be pretreated 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-permeabiity 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 Regional
fi Water Quality Control Board and the County Health Services Department,
prior to the submission of the Development and Improvements Plan.
.13 On-Site Water Supply Wells. The Landfill developer shall construct the
-proposed on-site water supply wells 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 San Francisco 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.
.14 Off-Site Water Well Contamination. If the water quality of nearby domestic
water supplies is impaired by Landfill leachate, the Landfill operator shall
take immediate remedial action that is acceptable to the County Health
Services Department and the San Francisco Regional Water Quality Control
Board. The source of contamination shall be identified and immediately
repaired. Remedial measures shall include but are not limited to extraction
wells and slurry walls. The Landfill operator may be required to replace the
impaired water supply.
.15 Liner-Installation Inspection. See Condition 16.4.
20
.16 Secondary Containment. The Landfill developer shall construct a secondary
containment system capable of containing 1.5 times the volume of each
leachate-holding tank.
.17 Working Face. The Landfill operator shall maintain a maximum daily
working face of 3 acres or less 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.
1 S. 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 Landfill
surface drainage system which shall be designed to meet State Class II
standards. It shall accommodate a 1,000-year, 24-hour design storm, as
specified by the County Public Works Department and the San Francisco
Regional Water Quality Control Board (SFRWQCB). 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 SFRWQCB and the County Community Development
Department and included in the Development and Improvements Plan.
Surface flow shall be evaluated further with groundwater levels and
precipitation factors priorto construction,and findings incorporated into the
final landfill design in order to lessen impacts to surface water flow. Flow
rates and groundwater levels shall be monitored through the life of the
landfill. If loss of surface flow is determined to have unforeseen impacts,
a like amount of water shall be provided.
.3 Creek Protection. The landfill shall be designed so leachate and other
contaminated water does not flow into Lawlor Creek. See Section 23.3.
.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 include a Stability
Analysis of proposed cut and fill slopes, and shall prevent substantial
erosion on slopes on the project site 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 Improvements
and Development Plan.
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(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 Landscaping 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.
y (e) Sedimentation Ponds. The Landfill developer shall install a
sedimentation pond system prior to other landfill development to
hold and process drainage from the Landfill property which shall be
designed to withstand the 1,000-year, 24-hour design storm and
Maximum Credible Earthquake event. The Landfill developer shall
;t
develop ' a program for monitoring storage volumes in the
sedimentation ponds and releasing water depending on expected
rainfall. Flow rates for downstream discharge shall not exceed the
25-year, 24-hour design . storm. The program shall include a
preventive maintenance program 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 San Francisco Regional
Water Quality Control Board. The efficacy of the Landfill surface
water control system in reducing downstream flooding shall be
addressed in the annual and triennial reviews required by Condition
11 .1 .
f) Runoff Conveyance. Erosion to ditches or gullys used to convey
runoff shall be corrected by use of appropriate measures such as
energy dissipators or rip rap.
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g) Equalization Basin. Water in contact with the working face area of
the landfill shall be discharged into an equalization basin, monitored,
and treated if necessary.
.5 Monitoring. The Landfill developer shall prepare and implement a surface
water monitoring program to check for possible contamination of off-site
surface water drainage facilities. Baseline water quality shall be determined
prior to project implementation. Sedimentation 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 Regional Water Quality Control Board.
19. HAZARDOUS WASTE
.1 Hazardous Waste Ineligible. See Section 6.4.
.2 Load Inspection. See Condition 7.1
.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 Integrated Solid Waste Management
Plan. The program shall be subject to the approval of the County Health
Services and Community Development Department. 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 landfill. The program shall
include mechanisms for removing household hazardous waste from the
waste stream which arrives at the facility. If the household hazardous
waste program (or a version of it) is approved by the County Board of
Supervisors,the Landfill operator shall implement it. The Landfill household
hazardous waste program shall include a public information and education
program approved by the County Health Services Department/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
shall be amended if required by the County Board of Supervisors in their
review of the Land Use Permit.
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.4 Transfer Station Pre-screening. The Household Hazardous Waste Program
shall include pre-screening at transfer stations for identification and
separation of hazardous materials. In addition, 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 wastes 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 permits 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 Health Services Department may require additional physical
improvements or management practices as necessary to alleviate the
problem. The Health Services Department shall have the authority to cease
disposal at a particular area of the Landfill, to control odors. A small daily
working face (3 acres or.less) shall be maintained. The leachate treatment
system shall be enclosed to control odors from leachate. The landfill gas
collection system and flare shall utilize BACT to,reduce landfill gas as a
source of toxics and 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.
.3 Cover Frequency. The Landfill operator shall cover newly.disposed refuse
with compacted soil cover meeting the requirements of the State of
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California (currently, a minimum of 6 inches of daily cover). All working
faces of the Landfill shall be covered by the end of the working day.
Intermediate cover, meeting the 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, if
necessary, or if required by the Landfill's Solid Waste Facilities Permit.
.4 Odoriferous Loads. The Landfill operator:shall cover extremely odoriferous
incoming loads immediately.
.5 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, storage pile disturbances 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.
.6 Area of Operations. See Conditions 17.17 and 22.10.
.7 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, 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.
.8 Contingency Program. Prior to the start of filling operations, 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. It shall apply 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 Regional Water Quality Control Board. The program shall
be approved by the County Health Services Department, and it maybe
revised from time to time.
.9 Revegetation. The Landfill operator shall revegetate completed Landfill
areas immediately. Revegetation shall in be accordance with the
Development and Improvements Plan and shall be consistent with the
County policy on landscaping and water conservation. Intermediate and
final cover areas shall be revegetated immediately. Excavations shall be
revegetated or filled immediately. Operating areas which will not be used
25
for fill or construction for 90 days or longer shall be planted for dust and
erosion control and for aesthetic purposes.
.10 Tree and Shrub Planting. The Landfill developer shall plant trees and shrubs
downwind of the Landfill to aid in trapping dust. The planting plan shall be
included in the Landscaping plan component of the Development and
Improvements Plan.
.11 Gas Control and Collection. The Landfill operator shall install a Landfill gas
control 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 practical. 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 utilize BACT and 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.
.12 Landfill Gas Processing. The Landfill developer shall install a flaring
mechanism, in accordance with Bay Area Air Quality Management District
guidelines/regulations, to combust 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. The flare shall be installed with staged combustion, operated
under fuel-rich conditions, and be designed with flue gas recirculation.
.13 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 Development 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.
.14 Gas Monitoring. The Landfill developer shall install gas migration detection
probes and wells along the boundary of the Landfill footprint, near on-site
buildings, and in other locations specified. by the Bay Area Air Quality
Management District or the County Health Services Department to monitor
for subsurface 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,
26
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.
.15 Lateral Gas Barriers. The Landfill developer shall install a gas barrier or gas
collection area on side slopes of the Landfill to prevent lateral gas 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.
.16 Settlement Protection. The Landfill developer shalluse 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.
.17 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.
.18 Leachate Disposal. See Condition 17.10.
.19 Cell Re-Opening. Previously-covered cells shall not be reopened without
permission from the County Health Services Department.
.20 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.
.21 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.
.22 Temporary Road Paving. The Landfill developer shall pave and maintain
temporary road with gravel or crushed aggregate. Temporary roads shall
be wetted or chemically treated when necessary to control dust. Road
construction shall be described in the Development and Improvements Plan.
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.23 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.
.24 Equipment Maintenance. The Landfill operator shall maintain Landfill
equipment in optimum working order to ensure that vehicle emissions are
controlled and equipment shall be fitted with spark arrestors so potential for
causing fires is minimized. Equipment shall not be left idling 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 residents.
.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 noise levels at sensitive
receptor locations, one West of Bailey Road and South of West Leland
Road, one near Bailey north of West Leland, and another in the Jacqueline
Drive area south of West Leland Road. The Director of Community
Development may specify other monitoring locations. If the monitoring
noise levels at the Landfill boundary line or other monitored location exceed
60 dBA during daylight hours, or 50 bDA during the evening or at night, the
County may require the operator to institute additional noise reduction
measures to bring noise emanating from the Landfill to the forementioned
levels or less.
.3 Toe Berm. See Condition 22.3.
.4 Mitigation/Lift-Level Berms. See Condition 22.4
.5 Construction Hours. See Condition 32.1.
.6 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
28
compartment insulation.,-The Landfill operator shall request the California
Highway Patrol actively 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. Transfer trucks and other waste hauling vehicles with faulty
mufflers shall be denied access to the landfill after one warning by a landfill
operator at the landfill entrance.
.7 Landfill Vehicles. The Landfill operator shall provide Landfill equipment with
the best available noise suppressing equipment to minimize sound
generation.
.8 Gas Flare Muffling. If flaring is used to dispose of Landfill gas, the flares
shall be contained in 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 Landscape 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
revegetation and landscape screening. The plan shall show the plant
species, size, and locations to be used to blend in with the existing natural
vegetation. Natural, drought tolerant species shall be used, in accordance
with County Policy on Water Conservation Landscaping. A landscape
maintenance program shall be part of the plan. A Weed Monitoring and
Control Program shall be included-, containing a listing of noxious weeds,
a monitoring program, and abatement measure options. A Landscape Plan
shall be included in the Development and Improvements Plan. The
Landscape Plan shall assure no visual impact on the Cities of Concord and
Clayton consistent with the Environmental Impact Report.
.3 Toe Berm. The Landfill developer shall install the first phase of the toe
berm prior to other landfill construction and developmentof the Landfill.
Other sections of the toe berm shall be installed in stages (see condition
32.4). The toe berm shall be contoured to blend with existing topography.
29
It shall be designed to screen the landfill access road. It shall be
revegetated immediately with native grasses and other vegetation to blend
in with the surrounding area.
.4 Mitigation Berms. The Landfill developer shall install landscaped mitigation
berms (lift-level peripheral berms) at the face of each lift in areas visible off
the Landfill site, before beginning refuse disposal on the lift. The berms
shall be landscaped to blend with existing terrain. Specific heights for the
initial toe berm and each of its phases shall be established in the Final
Development and Improvements Plan (Condition 15.1).
.5 Lawlor Creek Corridor Plan. See Condition 23.3.
.6 Entrance Screening. The Landfill developer shall install landscaping at the
entrance of the landfill to screen the entrance facilities from Bailey Road
users. Olive trees shall not be included as part of the entrance landscape
plan.
:7 Jacqueline Drive Terminus. The north terminus of Jacqueline-Drive shall be
landscaped, with native species, to shield near-views of the toe berm.
Planting of the terminus area shall begin as soon as practicable. The
outside access road berm shall be a minimum of 15 feet high to shield
transfer truck traffic and noise from nearby residences.
.8 Auxiliary Facilities Screening. The landscaping plan shall provide for the
screening of auxiliary areas, such as the administrative buildings, parking
lots, maintenance facilities, and screening of facilities shall occur during the
first year of development. Enhancement of Lawlor Creek shall occur during
the first year, to aid in screening facilities from Bailey Road users.
.9 Architectural Treatment. Plans for buildings and other structures shall
include architectural sections showing design and materials to be used.
Buildings shall be designed to blend into the rural agricultural setting.
.10 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 foundations, cover,site roads, berms and other construction, providing
these are carried out expeditiously.
.11 Interim Revegetation. Interim revegetation shall be required on all areas
that will be inactive for more than 90 days. Revegetation shall include
30
native grasses, shrubs and trees to . lend more variety and natural
appearance to the finished landfill.
.12 Water Tank Screening. The Landfill developer shall provide landscaping to
screen the facility's water tanks. Where possible, the landscaping shall be
installed prior to the installation of the tank. Consideration shall be given
to subsurface or partially buried tanks, and to painting the structures with
earth-tone colors.
.13 Final Cover. Final cover shall be contoured and landscaped to blend with
existing topography.
.14 Lighting. The Landfill developer shall design and locate the lighting system
to reduce glare and reduce impact to area residents. Focused directional
security and operational lighting shall be installed. Operation lighting on the
working face shall be turned off by 7:30 p.m. Security and entrance
lighting shall be dimmed at 7:30 p.m.
23. AGRICULTURAL AND BIOTIC RESOURCES
.1 Biotics Protection Objectives.
a) 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,
woodland, or agricultural production.
b) The Landfill developer shall provide at least twice the amount of
mitigation wetland for significant wetland lost to the project (2-to-1
mitigation). A minimum of six acres of mitigation wetland shall be
provided. Wetland loss shall be mitigated through the enhancement
of stock ponds and sedimentation basins, or the creation of new
wetlands.
.2 Range Management Plan. The Landfill operator shall design and develop a
Range Management Plan in order to provide for continued grazing on
portions of the site. The Special Buffer Area shall remain as Agricultural
Preserve, and development rights shall be conveyed to the County. The
buffer area and other site rangelands of the Primary Project Area not
exempted for habitat protection and not in active landfill use shall be
enhanced as grassland/oak woodland, and shall provide grazing for at least
270 head of cattle, approximately the same number of cattle which
presently graze on the site. Stock watering ponds shall be enhanced
31
through planting of trees and shrubs. Grazing shall be restricted for a 1 to
2 year period in order for grasses to get reestablished. It shall provide for
adequate grazing range, and for native tree species such as oaks to be
planted for animal protection and to replace trees removed during landfill
construction, while controlling soil erosion. The plan shall be prepared in
consultation with the Contra Costa County Resource Conservation District
and the Agricultural Extension Service. It shall be coordinated with the
Landscape Plan, the Habitat Preservation Plan, and the Erosion and
Sediment Control Plan developed for the landfill facility. It shall be subject
to the approval of the County Community Development Department and it
shall be included in the Improvements and Development Plan.
.3 Lawlor Creek Corridor Restoration Plan. Enhancement of this riparian area
shall replace habitat lost by the rerouting and covering of a portion of the
unnamed drainageway within the waste placement area. This plan shall
provide replacement for habitat lost to landfill construction. The Corridor
Plan shall also provide screening of the landfill entrance and service
facilities from Bailey Road. Livestock fencing shall be constructed around
the perimeter of approximately 35 acres to exclude cattle from the riparian
and oak woodland areas. Litter shall be removed from the creek and
corridor, and fencing shall be established along Bailey Road to prevent
unlawful disposal of trash. Riparian species of trees such as Willows,
Fremont cottonwood, sycamore and other oak species, California Bay
Laurel--'and shrubs shall be planted. The access road crossing of Lawlor
Creek shall be designed and constructed in a manner that would be
compatible with the aesthetics of the corridor and habitat enhancement.
Installation of horizontal drainage pipes into hillsides may be provided to tap
groundwater sources to improve creek flow conditions. A monitoring and
maintenance program shall be established to insure wildlife habitat values
are protected. Rock dams; overhangs, splash pools and erosion control
structures shall be included in the corridor plan design. The detailed
restoration plan shall be developed for Lawlor Creek in coordination with
the County, the California Department of Fish and Game, U.S. Fish and
Wildlife Service, local Audubon and California Native Plant Society
representatives and other environmental organizations. A streambed
alteration agreement shall be obtained if determined to be necessary by the
CDF&G. A wetland modification permit shall be obtained from the Army
Corps of Engineers if necessary. Implementation of the Restoration Plan
shall take place during the initial development phase of the Landfill.
.4 Sandstone Outcrop Area. Livestock fencing shall be constructed around
the perimeter of the 72-acre sandstone area at the front of the Landfill to
exclude cattle and preserve upland habitat area. Landfill personnel and
construction operators shall be alerted regarding the protected area. Native
32
trees such as Oak and :California Buckeye shall be planted along the
perimeter of this area. The adjoining equalization basin and toe berm shall
be constructed to avoid damage to the protected area.
.5 Weed Control Program. The landfill operator shall submit a weed control
program to control introduced weedy species on the Landfill property as
part of the Range Management Plan. The program is subject to approval
by the County Community Development Department. The weed control
program shall include a list of noxious weeds, periodic monitoring of these
species, and a weed control and removal program.
.6 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. Black walnut and other
heritage tree cuttings shall be taken with the direction of a research
organization such as the University of California's botanical garden.
.7 Vegetation Protection. The Landfill developer shall employ dust
suppression measures to prevent damage from dust loading on vegetation.
Periodic watering of vegetation adjacent to the fill working area shall be
developed as part of the Range Management Plan.
.8. Wildlife Exclusion and Vector Control. The Landfill operator shall construct
fences around the working area of 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 working area of the site.
.9 Supplemental Wildlife Surveys. 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 Pocket Mouse. The survey shall be conducted
according to USFWS recommendations. If found,the developer shall
follow USFWS guidelines regarding appropriate mitigation
procedures.
b) The California Tiger Salamander and the Alameda Whipsnake. The
salamander study shall take place during the .rainy season. . If
salamanders are found to exist in the unnamed creek, they shall be
trapped and released to the Lawlor Creek area. If the Alameda
Whipsnake is encountered, then facilities such as the equalization
basin, and the access road shall be relocated further from the
outcrop area. The outcrop reserve shall be expanded to include the
33
easternmost outcrops. Consideration shall be taken in siting facilities
and any activities north of access road. Lighting shall be shielded
and shall illuminate only paved areas in this vicinity.
24.' BIRD AND VECTOR CONTROL
.1 Bird and Vector Control Objective. The Landfill operator shall manage the
facility in such a manner that prevents and controls the attraction and/or
generation of birds and vectors at the site.
.2 Soil Cover Frequency. See Condition 20.3.
.3 Working Face. See Condition 17.17
.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 suspended 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 local enforcement agency to identify the reasons for the
presence 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.
.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
34
County Health Services Department may require the preparation and
implementation 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 and a plan implemented pursuant to approval,by the County
Health Services Department.
25. LITTER CONTROL
.1 Litter Control Objective. The Landfill operator shall manage the facility in
a manner which confines litter to the working face of the Landfill, which
prevents litter from accumulating another parts of the site,. and which
prevents litter from being blown off the site.
.2 Load Covering. The Landfill operator shall implement a program to exclude
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. Other options shall be considered as necessary, including the
alignment of unloading areas away from the prevailing wind direction,
increasing the number of compactors, decreasing the active face size, and
reducing the number of vehicles tipping at one time. The County Health
Services Department shall have the authority to enforce this requirement.
See Section 20.8.
.5 Portable Litter Fences. The Landfill operator shall install portable fencing
near the working face of the Landfill to intercept 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.
35
.7 On-Site Liter 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.
.8 Off-Site Litter Policing. The Landfill operator shall provide weekly (or more
frequent) litter clean-up from West Leland Road to at least 500 feet south
of the site entrance during the Landfill's first year of operations. Based on
experience, 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 Director of Health Services may require the
Landfill operator to remove the litter and the Director 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.
.11 Public access. Public access to the landfill shall be prohibited.
26.,' PUBLIC HEALTH AND SAFETY
.1 Safety Objective. The Landfill operator shall manage the facility in a
manner which does not impair the 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.
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(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.
,4 Employee Training. The Landfill operator shall develop and implement
training and subsequent refresher training programs covering accident
prevention, safety, emergencies and contingencies ("bad-day" scenarios),
gas detection, identification of hazardous materials and ground fissures,
first aid, and instruction 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
supplies located in easily accessible areas. The first aid supplies shall be
consistent with the Occupational Safety and Health Administration
requirements and subject to the approval of the County Health Services
Department.
4
.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 station's refuse-moving vehicles-and
mechanical equipment. Vehicles and equipment shall be regularly cleaned
to reduce the risk of fires.
.9 Gas Migration Monitoring. The Landfill operator shall prepare and
implement a gas migration monitoring program to detect underground 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 Department.
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.10 Refuse Cover. See Condition 20.3.
.11 Load Inspection. See Condition 7.1 .
27. SITE SECURITY
.1 Security Objective. The Landfill operator shall manage the facility in a
manner which 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 security 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 Landfill 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
x.
Y<, Plan. 1
28., CULTURAL RESOURCES
.1 Cultural Resource Preservation Objective. The Landfill developer shall
construct the facility in - such a manner that preserves important
archaeological or historic sites.
.2 Employee Access. Employee access to the buffer area, the Lawlor Creek
area, or the sandstone outcrop area shall be limited to duties associated
with landfill maintenance. Artifact collection or vandalism in these areas
shall be strictly prohibited.
.3 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 operation. 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
38
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 facility in such a
manner that provides safe, efficient transport .of solid waste, while
minimizing impacts to County residents.
.2 Access Route. Access to the landfill facility shall be via State Highway_ 4,
and Bailey Road. No waste-hauling traffic shall be allowed entrance to the
landfill from Bailey Road south 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. At the request of the Board of
Supervisors, the Landfill Operator shall reimburse the County for the cost
of enforcement of this Condition on the access route. The Board of
Supervisors may also request the Landfill operator to reimburse the City of
Concord for an access control police inspection stop on Bailey Road should
it become necessary to enforce this access route condition.
.3 Landfill Access Road. The Landfill developer shall install a paved, two-lane
access road between Bailey Road and the edge of the current working lift
of the landfill. A facility parking lot, abridge across Lawlor Creek, a 12-
foot turnaround lane, and parking/turn-off lanes shall be provided. the
traffic lanes shall be built to a suitable Traffic Index (between 10.0 and
10.5). The roadway shall be constructed of all-weather driving surfaces of
not less than 20 feet of unobstructed width, and not less than 13'-6" of
vertical clearance, to all landfill areas within the site. The road shall not
exceed 20% grade, shall have a minimum centerline turning radius of 30
feet, and must be capable of supporting the imposed loads of fire apparatus
(20 tons). The access road shall be operational when the landfill opens.
All costs shall be borne by the Landfill developer. The design and
specifications of the roadway shall be approved by the County Public
Works and Community Development Department-in consultation-with the
Riverview Fire Protection District.
.4 Landfill Entrance. The Landfill developer shall construct the Bailey Road
entrance to the site in a manner that provides safe access into the landfill.
This improvement shall include the following for proper sight distance and
intersection design: a separate left turn lane at least 150 feet in length and
an acceleration lane, at least 1200 feet in length, leading north on Bailey
Road, away from the site. .The landfill developer shall also become
responsible for a traffic signal at a later date, if warranted. The County
39
Public Works Department shall approve the design of the entrance and
estimate its cost. All costs shall be borne by the Landfill developer.
.5 Bailey Road, Pittsburg city limits to the Landfill Entrance. The Landfill
developer shall reconstruct the sections of Bailey Road between the city
limits and the landfill entrance. The reconstructed roadway shall provide
the sight distance, and roadway geometrics (including shoulder widening)
specified by the County Public Works Department for truck use. This shall
include two twelve-foot lanes with eight-foot shoulders. These
improvements shall be in place prior to commencement of landfill
operations. The Landfill developer shall upgrade the pavement capacity to
reflect a 20-year life (an estimated Traffic Index of 10.0 10.5) along
Bailey Road between the Pittsburg city limits and the landfill entrance. The
County Public Works Department shall approve the design of the roadway
and pavement reconstruction and estimate its cost. All costs shall be borne
by the Landfill developer.
.6 Bailey Road Pavement Study. The Landfill developer shall conduct a study
of the Bailey Road roadway from the Pittsburg city limits to the Highway
4 interchange to determine the improvements necessary to re-construct the
right hand (outside) traffic lanes of the road to a 20-year pavement
<, standard to be an estimated Traffic Index of 10.0 to 10.5. The County
Public.Works Department, in consultation with the City of Pittsburg, shall
.F
estimate the costs of the improvements, estimate the longevity of the
existing roadway under increased traffic conditions, and determine a per-
ton refuse disposal surcharge adequate to fund the improvements when
reconstruction is necessary. The Landfill . operator shall impose the
surcharge and pay it quarterly into a segregated account established by the
County. The design of the improvements, their costs, the surcharge and
its disbursement shall be approved by the Board of Supervisors.
.7 Road Maintenance. Subsequent to the funding of the above traffic lane up-
grading improvements, the landfill operator shall impose a surcharge for the
maintenance of Bailey Road between the Highway 4 interchange and the
Landfill intersection. The surcharge shall be estimated by the County Public
Works Department in consultation with the City of Pittsburg and shall be
based on the landfill's proportionate share of traffic on the road corridor
-adjusted for vehicle weight and number of axles. The fees shall be paid
quarterly into a segregated account established by the County. The design
of the improvement, its cost, the surcharge and disbursements from the
segregated account shall be approved by the Board of Supervisors.
.8 Highway 4/Bailey Road interchange. The Landfill developer shall participate
in an improvements district, benefit area, or other cooperative arrangement
40
with the County, the City of Pittsburg; and Caltrans which may be created
to improve the Highway 4/Bailey Road Interchange. The developer shall be
required to pay an amount for the improvements and maintenance
proportionate to the traffic generated by the landfill, adjusted for truck use.
If necessary, the developer shall advance the money for the interchange
design and improvements. The County Public Works Department shall
approve the design of the interchange and estimate its cost. The fees shall
be paid quarterly into a segregated account established by the County. The
design of the improvements, their costs, the surcharge, and disbursements
from the segregated account shall be approved by the Board of
Supervisors.
.9 Peak Period Traffic Management. The Landfill -operator shall prepare a
study,. in conjunction with the transfer station serving the landfill, for
managing transfer vehicle traffic to reduce peak period conflicts with traffic
on Highway 4. The study shall address the restricted departure periods
from the Landfill identified in the Environmental Impact Report (6:30 - 8:30
a.m. and 3:30 - 6:30 p.m.) and shall identify any changes to the conditions
of approval needed to implement a peak-period traffic reduction program.
The study shall be approved by the County Public Works and Community
Development Department 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. The Landfill operator shall comply with such restrictions, and
shall require compliance in contracts with Landfill users.
.10 Bicycle and Pedestrian Improvements. The Landfill developer shall
incorporate into the Transportation and Circulation Plan a bicycle and
pedestrian path system along Bailey Road in the vicinity of the landfill.
30. SITE SERVICES AND UTILITIES PLAN
Objective. The Landfill developer shall design, develop and manage the facility in
such a manner that services and utilities adequately meet the landfills
requirements, while ensuring the protection of site employees, area residents, and
the surrounding environment.
.1 Final Site Services and Utilities Plan. The landfill developer shall prepare
and submit a final 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 be included in the
Development and Improvements Plan. The final Site Services and Utilities
Plan shall include:
41
a) A water service component. (see Condition 30.2)
b) Afire protection component. (see Condition 30.5)
.2 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. Potable water may be.trucked
onto the Landfill.
.3 On-site Water Wells. The Landfill operator shall install wells for water
supply with a minimum pumping capacity of 1,000 gallons per minute, or
must have on-site storage which produces this capacity. The County
Community Development Department and the County Department of Health
Services shall be furnished pumping test information which shall be
submitted with the Development and Improvement Plan.
.4 Public Water Supply Option. The Landfill operator may substitute water
service from a public water supply system for the use of wells, if
arrangements can be made with the Contra Costa Water District and,
where applicable with the cities of Concord or Pittsburg. The water supply
4 may be. potable or non-potable. Annexation to the Contra Costa Water
District°probably would be required, as well as an approval for annexation
from the Local Agency Formation Commission, and would have to be
obtained prior to the submission of the Water Service Plan as part of the
Final Development and Improvements Plan. The size and placement at the
water supply line shall be included in the Water Service Plan and shall be
subject to the approval of the County Health Services and Community
Development Departments.
.5 Fire Protection Component. The Landfill operator shall develop and
implement a Fire Protection Component meeting the requirements of the
Riverview Fire Protection District to contain and extinguish fires originating
on the landfill property and off-site fires caused .by Landfill operations. It
shall include training for all employees. The program shall be subject to the ,
approval of the County Health Services Department.
.6 Fire District Programs. The Landfill developer shall participate in the
Riverview Fire Protection Districts Benefit Assessment Program and the
New Development Fees program.
.7 Construction Timing. Access roads and water supply systems shall be
installed and in service prior to any combustible construction and/or related
42
landfill activity. No construction, excavation, or grading work shall be
started on this landfill facility until a plan for water supply system has been
submitted to and approved by the County Health Services Department and
the County Community Development Department. Water may be
transported onto the site during construction activities, but trucked water
shall not be used for ongoing landfill activities.
.8 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.
.9 Fire Fighting Water Main. If the Landfill developer exercises the alternative
of utilizing public water supply, an above-ground main of sufficient size and
quantity shall be provided, which when connected to the respective storage
tank, shall be capable of supplying the required portable monitor (see
Condition 30.11) 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 Riverview Fire Protection District.
.11 Fire Fighting Appliance. The Landfill operator shall provide a minimum of
one (1) approved portable master-stream firefighting appliance (monitor)
located within fifty (50) feet of each working face of any open cell in the
landfill.
12 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 Riverview Fire Protection
District. The firebreaks shall be included in the Development and
Improvements Plan.
.13 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
Riverview Fire Protection District.
43
.14 Use of Reclaimed Water for Landscaping. The Landfill Developer shall make
every effort to use treated waste water from a district sewage treatment
plant for landscape maintenance. The Landfill Developer shall report on this
matter to the Community Development Department.
.15 Equipment and Cleaning. See Condition 20.24.
.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 designate access
points for local fire protection agency access to all parts of the landfill and
routes. The access points shall be included in the Development and
Improvements Plan and shall be subject to the approval of the Riverview
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.
.20 On-site Septic System. Septic systems shall be designed to County
Department of Health Service Standards, and State Health and Safety Code
requirements. The Landfill developer shall pay for any treatment plant fees.
.21 Sewer Line. In the event that the Landfill developer elects to connect to a
sewer line, the developer shall pay for any capacity studies required, and
any resultant equipment and/or facilities.
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.
44
.2 1990-1995 Resource Recovery Program. The Landfill Operator shall
participate with the transfer station(s) operators(s), route collection
companies and direct haulers in designing and implementing 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 reviewand approval by the County
Community Development Department a resource recovery and recycling
program for the service area covering the period from 1996-2000. This
shall be 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 facilities 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 operator(s) 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 Department. 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-
scale 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.
.7 Methane Recovery. The Landfill operator shall explore the use of methane
in landfill gas collected for air pollution reduction as a fuel commodity. The
operator shall report findings to the Community Development Department
45
at the time of the landfill's periodic reviews. If there is an economic use
found for recovered methane, and if the County subsequently includes the
use in its Integrated Waste Management Plan, the Landfill operator shall
implement a 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 surcharge 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 surcharge 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 Saturday.
.2 Exemption. The Landfill developer may request, in writing; and the Director
of Community Development may grant, exemptions to Condition .1 for
specific times for cause. An example is the placing of concrete.
.3 Access Roads. Before commencing landfilling operations, the Landfill
developer shall install and pave the site access road from Bailey Road to the
..Phase I excavation area (see Initial Facilities Site Plan drawing of the Initial
Development and Improvements Plan, Condition 16.1). This installation
shall include the new bridge over Lawlor Creek and the turnaround lane.
An area which can be used by the California Highway Patrol for vehicle
inspection/weighing shall also be constructed.
46
.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 23.6). The necessary installations of the Surface
Drainage System (Condition 18.2) and Soil Erosion and Control Plan
(Condition 18.4) shall be in place before major excavations commence in
order to ensure controlled surface water runoff. Sediment in the
sedimentation pond shall be monitored to control quality of runoff.
Construction activities shall be timed to coincide with the dry season and
low surface water flows.
.5 Unstable areas. Areas determined to be unstable by the Stability Analysis
performed for the landfill (condition 18.4) shall be excavated or retaining
walls installed under the supervision of a Certified Engineering Geologist or
a Registered Geotechnical Engineer.
.6 Dust Suppression. The developer shall sprinkle or chemically treat graded
areas, borrow sites, stock piles, 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 San Francisco
Regional Water Quality Control Board, the Integrated Waste Management
Board, and the County Health Services Department a plan for the closure
and the postclosure maintenance of the landfill as required by State law,
but no later than upon application for a Solid Waste Facilities Permit. A
copy of the closure and postclosure maintenance plan shall be submitted
to the County Community Development Department.
.2 Funding of Closure and Postclosure Maintenance Plan. The Landfill
operator shall submit to the Board of Supervisors and California Integrated
Waste Management Board evidence of financial 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 approved 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
47
Landfill operator shall maintain a trust fund balance that equals or exceeds
the requirements of state law or regulation notwithstanding, however, the
trust fund balance shall be at least equal to the then current closure and
postclosure cost estimate at such time the landfill has reached one-half of
its permitted capacity. The Trust Fund balance requirement shall be
appropriately adjusted if the landfill is closed in stages under Condition
33.4.
.3 Revision to Plan and Cost Estimates. Should State law or regulation
regarding the closure and postclosures maintenance plan or funding of the
plan change at any-time, the owner of the landfill shall submit any required
changes to the closure and postclosure maintenance plan and/or evidence
of financial ability to the Board at the same time as submittal to the
applicable state or regional agency.
.4 Staged Closure of the Landfill. The landfill owner or operator shall close
the landfill in stages if compatible with the filling sequence and the overall
closure plan.
.5 Use of Landfill Following Closure. After.active landfill operations have
ceased, the site shall be utilized for grazing purposes. The Board may
- require the owner of the landfill to deed all development rights for the
landfill site to the County to ensure fulfillment of this condition.
.6 Postclosure 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 responsibility 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
48
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.
35. 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. The fee shall be adjusted annually to reflect
the current Consumer Price Index.
The Board of Supervisors approved Amendment 1 to Land Use Permit 2020-89
on November 1, 1994 which stayed the operation of this Condition as long as the
new Condition 35.8 remains in full force and operation.
.2 Open Space and Agricultural Preservation Fee. The Landfill operator shall
pay to the County of Contra Costa an 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. The fee shall be adjusted annually to reflect
the current Consumer Price Index.
The.Board.of. Supervisors approve,d.Amendment 1 to Land Use Permit 2020-89
on November 1, 1994 which stayed the operation of this Condition as long as the
new Condition 35.8 remains in full force and operation.
.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
49
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 July 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 purpose
of rate setting. The fee shall be adjusted annually to reflect the current
Consumer Price Index.
.5 Violation of Prescribed Haul Route. Upon a determination of 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
violation and for monitoring enforcement data shall be established by the
County and Landfill operator.
.6 Direct Property Acquisition Study. The Landfill operator shall study.the
appropriateness of direct acquisition of properties immediately adjacent to
the project, and shall fund any acquisition program ordered by the Board of
Supervisors. The study shall be consistent with the Environmental Impact
Report and shall be completed prior to the issuance of a franchise
agreement.
.7 Adjoining Sites. This permit authorizes the use of the Keller Canyon Landfill
site only for its specified waste disposal uses as set forth in these
Conditions of Approval, and for no other uses. In particular, during the '
effective and operative periods, of this Permit, the Keller Canyon site
covered by this Permit shall not be used to provide access to, or to
accommodate in any way the use of, any adjoining property for landfill
purposes, unless the County has approved the use of such adjoining
property for landfill purposes.
50
.8 Mitigation Fee. The Landfill operatof'shall pay to the County of Contra
Costa a fee, the amount of which may be set by the Board of Supervisors
by a Board Order from time to time, which amount shall not be less than
$3.00 per ton and shall not be more than $4.00 per ton, on solid waste
received at the Landfill. The fee shall be used as directed by the Board in
its sole discretion: 1) to mitigate general impacts of the Landfill-generated
traffic on the County's road system, 2) to mitigate the general impacts of
the Landfill on open space, existing and proposed recreational facilities, and
agriculture, or 3) to mitigate any general impacts of the Landfill upon the
surrounding community.
Conditions 35.1 and 35.2 of Land Use Permit 2020-89 are hereby stayed
in their operation as long as Condition 35.8 remains in full force and
operation. Should Condition 35.8 (or any portion of it) for any reason be
set aside or stayed in its operation, then Conditions 35.1 and 35.2 shall be
in full force and operation.
This Condition was added by Amendment 1 to Land Use Permit 2020-89 which
the Board of Supervisors approved on November 1, 1994.
CAZ:jal/keller.coa(wp5)
2/1/90
2/27/90
6/20/90
7/5/90
7/24/90 - Annotated Version
7/25/90
8/16/90
11/8/94
51
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•
CONSIDER WITH D, -
BRUEN & GORDON
THOMAS M.BRUEN A PROFESSIONAL CORPORATION TELEPHONE: (5 1 O)295-3131
SCOTT W.GORDON FACSIMILE: (510)295-3132
W. PHILIP CARUTHERS 1 990 NORTH CALIFORNIA BOULEVARD
DAVID J.MILLER SUITE 940
WALNUT CREEK,CALIFORNIA 94596
March 7, 1997
rr� , C
r-�j �o
Mr. Val Alexeeff, Director
GMEDA
Contra Costa County
651 Pine Street
2nd Floor, North Wing
Martinez, CA 94553
Dear Val:
I am responding on behalf of BFI to your letter of February 25, 1997, following up on a
report to you (apparently from Frank Aiello)that BFI had reached some sort of settlement with
adjoining property owners in Southern California regarding a landfill. We have checked with
BFI officials in both Southern California and Houston, and can categorically respond that no
such settlement has occurred, nor are we aware of anything that could have been misinterpreted
by Mr. Aiello or others to give rise to this rumor.
If you have any further particulars that you would like to pass on, I would be happy to
respond to them as well.
Very truly yours,
Thomas M. Bruen
TMB:jh
cc: Members-Board of Supervisors
P. Batchelor, County Administrator
D. Dingman, Community Development
Dennis P. Fenton, BFI
Lee Keller, Esq., BFI
Michael A. Caprio, BFI
ATTACHMENT
« E „
Various Maps
( E1 - E7 )
of Keller Canyon
Landfill
Area & Payout
Options
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