CIWMB Agenda Item-1 June 20-21, 2000

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CIWMB Agenda Item-1 June 20-21, 2000 Powered By Docstoc
					            California Integrated Waste Management Board
                                          Board Meeting
                                      June 20-21, 2000
                                     AGENDA ITEM 1


ITEM
Consideration Of A New Standardized Permit For El Corazon Composting Facility, San Diego
County


I.      SUMMARY
Name:                 El Corazon Composting Facility
                      Facility No. 37-AA-0907
Facility Type:        Existing Composting Facility, in the Registration Permit Tier
Location:             3210 Oceanside Blvd.
                      Oceanside, California
Area:                 15 acres
Setting:              The facility location is within a former silica sand mine property. The
                      1995 City of Oceanside Initial Study document states that the site is
                      surrounded by vacant land zoned for planned development and industrial
                      uses by the Rancho Del Oro Specific Plan. The closest sensitive noise
                      receptor is the Ocean Shores High School located approximately one-half
                      mile to the southwest. The nearest residential units are approximately
                      2,000 feet from the site with intervening topography between the site and
                      residential uses to the north.
Operational Status:   Existing facility

Material Volume:      Peak Daily Volume: 156 cubic yards; Permit limit of 10,000 cubic yards
                      of feedstock and active compost at any time
Design Capacity:      27,000 cubic yards
Feedstock:            Green waste material from City of Oceanside curbside collections and
                      clean wood
Compost Process:      Windrows
Operator:             Agri Service
                      Ms. Mary Matava, Owner


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Owner:                 City of Oceanside

LEA:                   Mr. Gary Erbeck, Director
                       County of San Diego Department of Environmental Health



II.      PREVIOUS BOARD ACTION
         None

III.     OPTIONS FOR THE BOARD
Requirements for Concurrence with the Solid Waste Facilities Permit: Pursuant to Title 14,
California Code of Regulations (CCR), Section 18105.5, the Board has 30 calendar days to
concur with or object to the issuance of a Standardized permit. Since the proposed permit for
this facility was received on May 22, 2000, the last day the Board shall act on the permit is
June 21, 2000.
The Board may decide to:
1.       Concur with the issuance of the proposed permit as submitted by the LEA.
2.       Object to the issuance of the proposed permit as submitted by the LEA.
3.       Take no action on the proposed permit as submitted by the LEA. If the Board chooses
         option three, the Board shall be deemed to have concurred in the issuance of the proposed
         permit as submitted by the LEA 30 days after the Board’s receipt of the permit.

IV.      STAFF RECOMMENDATION
Staff have no recommendation on the proposed permit at this time because there is still one
outstanding issue that the Board must address at the meeting on June 20-21. Staff of the Board's
Office of Local Assistance (OLA) have determined that the proposed permit is not consistent
with the City of Oceanside (City) amended Nondisposal Facility Element (NDFE). Specifically,
the staff determined that the approximately 50,000 tons of green waste material that is proposed
to be received at the facility annually exceeds the 24,000 tons projected in the City's amended
NDFE. Pursuant to current Board policy, the Board determines permit consistency with the
County Integrated Waste Management Plan (CIWMP). Also, at the time this item was prepared,
staff had not yet completed our review and analysis of the 1995 Negative Declaration, which was
submitted in support of the proposed Standardized permit for compliance with the requirements
of the California Environmental Quality Act (CEQA). Staff determination of the adequacy of
the ND and compliance with CEQA for the Board's consideration of the permit will be presented
at the June 20-21, 2000 meeting.




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V.       ANALYSIS
Background

El Corazon composting facility is located on a former silica sand mining property in the City of
Oceanside. The composting facility occupies 15 acres of the approximately 476-acre old mine
property. Currently, the facility operations are governed by the terms and conditions of a
Registration permit, which was issued in August 1995.


The mulching and composting facility receives all green and wood waste material from the City
of Oceanside (City). In 1994, Agri Service submitted a proposal to the City, to start green waste
mulching and composting to help the City meet the requirements of AB 939. Mulch generated
from the screening overs is used by the City on the property for the provisions of mine closure
and reclamation of the land. City residents may also visit the facility to pick up free compost or
mulch or for information on recycling for home use. The facility also provides compost and
mulch products free of charge, to non-profit organizations, such as community gardens.

Key Issues
The proposed project is to increase the daily and annual quantity of green material that is
received at the facility and thereby, changing the facility operation from that governed by the
terms and conditions of a Registration tier permit to that of a facility operation under the terms
and conditions of a Standardized tier permit.


Fiscal Impacts         N/A


Findings

The following LEA certification and staff analysis are provided:

LEA Certification
The LEA has provided the following certification:

    The permit application package is complete and correct;

    The Report of Composting Site Information (RCSI) meets the requirements of Title 14, CCR,
     Section 17863; and

    That the proposed Standardized permit is supported by the May 1995 Negative Declaration,
     which was prepared for the project.




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Staff Analysis
The following table summarizes Board staff's review and analysis of the proposed permit
application package:

                      37-AA-0907               Accept-   Unaccept- To Be     Not      See Details
                                                able       able    Deter-   Applic-   in Agenda
                                                                   mined     able        Item

CIWMP Conformance (PRC 50001)                                        X                    1

CoSWMP Conformance (PRC 50000)                                                X

General Plan Conformance (PRC 50000.5)                                        X

Consistency With State Minimum Standards         X                                        2

California Environmental Quality Act                                 X                    3

Closure/Post-Closure Maintenance Plan                                         X

Funding for Closure/Post-Closure Maintenance                                  X

Operating Liability                                                           X

RFI Completeness                                 X


1.       Conformance with County Integrated Waste Management Plan
The Board approved the Non-disposal Facility Element (NDFE) for the City of Oceanside (City)
in September 1995. The City amended its NDFE to include a description of the El Corazon
Composting Facility and the Board approved the amended NDFE in December 1999. The
Board also approved the Integrated Waste Management Plan (IWMP) for the County of San
Diego in June 1997. Staff of the Board's Office of Local Assistance conducted analysis relative
to the requirements of the Public Resources Code (PRC) Section 50001 for the facility. The
staff have determined that there is a discrepancy between the application package for the
proposed Standardized permit and the NDFE, as amended. Specifically, the staff made the
finding that the annual loading of green waste materials in the application for the Standardized
permit exceeds the projection of the annual loading in the amended NDFE. The application for
the proposed permit projects an increase of the annual loading from 30,000 to 50,000 tons,
whereas the amended NDFE only states that an approximately 24,000 tons of green waste is
delivered to the facility annually. The staff further report that upon discussions with the LEA,
they were led to understand that the NDFE only listed the quantities of green wastes received
from the City of Oceanside, whereas the facility also receives green waste from neighboring
jurisdictions.
At the January 27, 1999 meeting, the Board directed staff to present to the Board for a case-by-
case consideration of issues that related to the conformance with the intent of the IWMPs.
Pursuant to the directive, the staff have determined that the issues of the discrepancy between the
amended NDFE and permit application package for the El Corazon Composting Facility needs to
be considered by the Board at the meeting on June 20-21, 2000.


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2.       Consistency with State Minimum Standards
Board staff and the LEA conducted a pre-permit inspection at the El Corazon Composting
Facility on March 9, 2000 and found the facility operations were consistent with the applicable
State Minimum Standards.
However, Board staff and the LEA did find the following violations of the Public Resources
Code (PRC):
         - PRC, Section 44004 - Significant Change
         - PRC, Section 44014(b) - Operator Compliance with the Terms & Conditions of Permit
The 1995 Registration permit allows a maximum volume of feedstock and active composting at
the facility of up to 10,000 cubic yards. Facility records indicated that the facility operation had
received peak loads that exceeded the permitted level on several occasions. Since October 1999,
the LEA inspection reports have cited violations and/or areas of concern with regard to the above
referenced permit findings. The LEA held a meeting with the operator on the issue and the
operator immediately agreed to start the application process to obtain a Standardized permit.
Furthermore, the LEA stated that they made the following findings: a) that the instances when
permitted volumes were exceeded were not occuring on a regular basis but that the trend was
clear, b) that the facility does have the design capacity for the exceeded quantity, c) there were
no impacts on the public health and/or the environment because the permit levels were exceeded
from time-to-time, and d) that they considered the community's need for diversion. Thus, the
LEA states that they made the decision not to issue an enforcement order to cause the operator to
scale back the operation until the higher tier permit is obtained.
During the March 9, 2000 inspection, Board staff agreed with the LEA that on the basis of the
facility weight and volume records and conversation with the operator, the permitted levels have
on occasions been exceeded. Thus, staff considered the findings as constituting violations of the
PRC sections indicated above. Board concurrence with the proposed permit and its subsequent
issuance by the LEA will correct the outstanding violations.
3.       California Environmental Quality Act
At the time this item was prepared, staff had not yet completed the review and analysis of the
1995 Negative Declaration (ND), which was submitted in support of the proposed Standardized
permit, for compliance with the requirements of the California Environmental Quality Act
(CEQA). Staff determination of the adequacy of the ND and compliance with CEQA for the
Board's consideration of the permit will be presented at the June 20-21, 2000 meeting.


VI.      FUNDING INFORMATION - N/A

VII. ATTACHMENTS
1. Permit No. 37-AA-0907
2. Finding of Conformance with CIWMP
3. Resolution No. 2000-301

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VII. CONTACTS
Name: Tadese Gebrehawariat   Phone: (916) 255-4166

Name: Suzanne Hambleton      Phone: (916) 255-4165

Name: Mark de Bie            Phone: (916) 255-2453

Name: Julie Nauman           Phone: (916) 255-2431




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