Ca Residential Purchase Agreement 2007 by hmb10625

VIEWS: 5 PAGES: 7

More Info
									             California Integrated Waste Management Board
                                       Board Meeting
                                        June 12, 2007
                              AGENDA ITEM 5 (Revised)

ITEM
Consideration Of A Revised Solid Waste Facilities Permit (Disposal Site) For The Vasco Road
Landfill, Alameda County

I.     ISSUE/PROBLEM STATEMENT
       1. This item requests Board concurrence on the revision of the Vasco Road Sanitary
          Landfill Solid Waste Facilities Permit (SWFP).
       2. Pursuant to Public Resources Code, Section 44009, the Board has 60 calendar days to
          concur or object to the issuance of a full solid waste facilities permit. The LEA
          forwarded a proposed permit on May 4, 2007. A revised proposed permit was
          received on May 8, 2007. The date for submittal of a proposed permit that would
          allow 60 days for Board review prior to the June 12, 2007 Board meeting was April
          14, 2007. The Board has until July 3, 2007 to act on this permit. When the proposed
          permit package was received, the package contained all the items required in Title 27,
          California Code of Regulations (CCR), Section 21685.

II.    ITEM HISTORY
        The Board last considered a revised permit for the facility in October, 1995.
        Compliance History as reported by the LEA:

               2003 - 12 permit violations
               2004 - 12 permit violations
               2005 - 12 permit violations
               2006 - 12 permit violations
               2007 - 4 permit violations (January – April)
       Details concerning the above list of violations are included in Section V.A under “Consistency
       with State Minimum Standards.”

III.   OPTIONS FOR THE BOARD
       The Board may decide to do one of the following:
       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 60 days after the Board’s receipt of the permit.

IV.    STAFF RECOMMENDATION
       At the time this was written, staff had not completed their review of closure, post-closure
       plans, and financial assurance documents. Staff will make a recommendation at the
       Permitting and Compliance Committee meeting. All required findings have been made
       and staff recommend option 1 that the Board concur with the proposed permit as
       submitted by the LEA.

                                                                                           Page 5-1
Board Meeting                                                                                 Agenda Item-5
June 12, 2007



V.       ANALYSIS
         A. Key Issues and Findings
            Facility Name:          Vasco Road Sanitary Landfill
                                    Facility No. 01-AA-0010

                Facility Type:             Existing Landfill

                Location:                  4001 Vasco Road, Livermore, CA

                Current Permitted          222 acres disposal footprint;
                Facility Area:             323 acres total

                Proposed Permitted         246 acres disposal footprint;
                Facility Area:             323 acres total

                Current Traffic:           600 Vehicles per day

                Proposed Traffic:          625 Vehicles per day

                Current Estimated
                Closure Year:              2015

                Proposed Estimated
                Closure Year:              2022

                Setting: The area surrounding the facility is agricultural and residential.

                Operational Status:        Permitted, active

                Waste Types:               Non-hazardous solid wastes and designated wastes

                Current Hours of           Open 6 days/week: 6 a.m. – 5 p.m. M-F
                Operation:                 6 a.m. – 4:30 p.m. Saturday

                Permitted
                Maximum Tonnage:           2,518 tons per day for disposal

                Owner:      /Operator:     Republic Services

                LEA: Mr. Levi Ariu, Director, County of Alameda
                     Dept. of Environmental Health Office of Solid and Medical Waste

                Background
                The Vasco Road Sanitary Landfill is an existing municipal solid waste landfill and has
                been open since 1980. In 2002, DePauli Equipment Company, the previous landfill
                owner, filed a lawsuit against the landfill operator alleging that waste had been disposed
                on property owned by the company that is adjacent to the landfill. The LEA determined
                that a portion of a lined waste cell and other ancillary landfill operations had extended
                beyond the solid waste facilities permitted boundary. The LEA issued a notice of
                violation on June 18, 2002 regarding this issue and has continued to note violations. In
                                                                                                   Page 5-2
Board Meeting                                                                                 Agenda Item-5
June 12, 2007

                September, 2003, the parties settled the lawsuit. Part of the settlement agreement
                included the purchase of “Parcel 3” by the landfill operator. The purchased area
                includes the area impacted by waste disposal operations.

                At the request of the landfill operator, the Alameda County Planning Department
                developed and adopted a Mitigated Negative Declaration (MND) and approved a
                revision to the use permit that recognized the changes in the landfill area. This approval
                allowed the operator to file a request with the County Planning Commission for a lot
                line adjustment to recognize a new landfill boundary. After completion of the local land
                use approvals the operator applied to the LEA for a revision to the solid waste facilities
                permit.

                The proposed revised permit is to allow the following change:
                 An increase in overall disposal acreage from 222 acres to 246 acres.
                 An increase in the amount of traffic allowed from 600 to 625 incoming vehicles per
                   day.
                 Change the closure date from 2015 to 2022.

                LEA Findings
                The following LEA certification and staff analysis are provided:
                LEA Certification:
                 The permit application package is complete and correct;
                 The Joint Technical Document meets the requirements of Title 27, CCR, Section
                    21600; and
                 That the proposed revised solid waste facility permit is consistent with and supported
                    by the California Environmental Quality Act (CEQA).
                Staff Analysis
                The following table summarizes Board staff's review and analysis of the proposed permit
                application package:

                   Summary of Board                                                               See
                                                                      To Be        Not
                  Findings for Facility     Adequate   Inadequate                              Details in
                                                                    Determined   Applicable
                       #01-AA-0010                                                              Section
                  CIWMP Conformance                                                               1.
                  Consistency with State
                   Minimum Standards
                                                                                                  2.
                 California Environmental
                        Quality Act
                                                                                                  B.1
                       Closure Plan
                       Completeness                                                              B.3
                      Determination
                 Funding for Closure and
                 Postclosure Maintenance
                                                                                                B.4.
                    Operating Liability                                                          4.
                 Joint Technical Document      




                                                                                                   Page 5-3
Board Meeting                                                                             Agenda Item-5
June 12, 2007



                1. Conformance with County Integrated Waste Management Plan (CIWMP):
                   Public Resources Code Section 50001 requires the location of any new or expanded
                   solid waste disposal facility to be identified in the applicable county's Countywide
                   Siting Element (CSE) for the proposed permit for that facility to be found to be in
                   conformance with the CSE.

                   The location of the Vasco Road Landfill is identified in the County's CSE. The
                   Office of Local Assistance staff therefore finds the proposed permit to be in
                   conformance with the County’s CSE.

                2. Consistency with State Minimum Standards:
                   Board staff conducted an inspection of the facility on April 19, 2007 with the
                   LEA and noted a violation of the permit because wastes had been placed outside
                   current solid waste facilities permitted boundary.

                   The LEA has been noting permit violations since 2002. The violations listed on
                   page one under Item History are all for the same boundary issue except for one in
                   2004 as identified in the paragraph below. The issuance of this revised permit
                   will identify the correct disposal area, size and location.

                   In January, 2004 Board staff noted a violation regarding storage of a large
                   quantity of Treated Auto Shedder Waste (TASW) that was to be used as daily
                   cover and as part of the construction of a new cell. In April, 2004 a portion of
                   the TASW storage pile caught fire. After the blaze was extinguished the
                   remaining material was tested and was eventually used on site. A full report of
                   this incident was reported to the Board at its May, 2004 Meeting.

         B. Environmental Issues
            1. California Environmental Quality Act (CEQA)
               State law requires compliance with the California Environmental Quality Act
               through the preparation, circulation and adoption/certification of an
               environmental document and mitigation reporting or monitoring program or, by
               determining that the proposal is categorically or statutorily exempt.

                   The Alameda County Planning Department, acting as Lead Agency, prepared the
                   following environmental documents for the Vasco Road Landfill.
                    A Mitigated Negative Declaration State Clearinghouse No. 2003112010 was
                       circulated for a comment period from November 4, 2003 through December 3,
                       2003. It was approved by the County Planning Commission on May 20, 2004
                       and a Notice of Determination was filed with the State Clearinghouse on March
                       20, 2004.

                      A Mitigated Negative Declaration, State Clearinghouse No. 2005012031, was
                       circulated for a comment period from January 10, 2005 through February 8,
                       2005, and was certified by the Alameda County Board of Supervisors on May
                       4, 2006.
                   The documents cited above were analyzed for changes at the landfill, and support the
                   following parameters for this permit revision:
                                                                                               Page 5-4
Board Meeting                                                                                Agenda Item-5
June 12, 2007

                         Maximum of acres for disposal,
                         Peak daily vehicles not to exceed 625 vehicles per day.
                         Estimated Closure Year of 2022.

                The Local Enforcement Agency, the County of Alameda Environmental Health
                Department, has provided a finding that the proposed Solid Waste Facility Permit is
                consistent with and supported by the environmental documents cited.

                Board staff recommends the environmental document cited above, as adequate for
                the Board's environmental evaluation of the proposed project for those project
                activities which are within the Board’s expertise and/or powers, or which are
                required to be carried out or approved by the Board.

                2.       Cross Media
                         Staff is not aware of any impacts regarding other state agencies or cross media
                         impacts to this item.

                3.       Preliminary Closure/Postclosure Plan
                         Staff is analyzing the plan and will report on the status of this at the
                         Permitting and Compliance meeting. Staff has analyzed the revised
                         closure/post-closure plan and find that it meets the requirements.

                4.       Financial Assurances
                         Board Staff are reviewing the information and will report on the status of this
                         at the Permitting and Compliance meeting. Board staff reviewed the financial
                         assurance demonstrations for the Vasco Road Landfill. The Letter of Credit
                         meets the requirements of Title 27, California Code of Regulations (CCR)
                         Division 2, Subdivision 1, Chapter 6, section 22243. The amount of coverage
                         meets the requirements for the closure and postclosure maintenance costs of
                         the landfill as specified in 27 CCR sections 22206 and 22211 respectively.
                         The October 17, 2006 Certificate of Liability Insurance meets the
                         requirements of 27 CCR section 22251, and the amount of coverage meet the
                         requirements of section 22216.

         C. Program/Long Term Impacts
            Based on available information, staff is not aware of any program or long-term
            impacts related to this item.

         D. Stakeholder Impacts
            Based on available information, staff is not aware of any stakeholder impacts related
            to this item.

         E. Fiscal Impacts
            No fiscal impact to the Board results from this item.

         F. Legal Issues
            See information in the Background section of this item which discusses a lawsuit
            which was filed pursuant to the wastes being placed beyond the facility boundary at
            this site. The lawsuit has been settled.

                                                                                                    Page 5-5
Board Meeting                                                                             Agenda Item-5
June 12, 2007



         G. Environmental Justice
            Community Setting:
            All surrounding land uses to the north and east within 1,000 feet of the facility lie within
            the unincorporated part of Alameda County. All surrounding land uses to the west and
            south within 1,000 feet of the facility lie within the City of Livermore. The surrounding
            communities to the facility are agricultural and residential.

                According to the 2000 census, the population of the city of Livermore consists of the
                following:

                  US Census Bureau Data                                           All Ages
                  Census 2000 – Livermore, Alameda County                    Number       Percent
                  White                                                       60,070           81.9
                  Black or African American                                    1,148           1.6
                  American Indian or Alaska Native                              444            0.6
                  Asian                                                        4,251           4.8
                  Native Hawaiian and Other Pacific Islander                    208            0.3
                  Some other race                                              3,915           5.3
                  Two or more races                                            3,309           4.5
                  Total Population                                            73,345           100

                The 2000 census indicates that of the total Livermore city population, 14.4% identify
                themselves as Hispanic or Latino. The median household income of the area is
                $75,322 with 3.8% of the families below the poverty level.

                Community Outreach
                A public hearing was held in Livermore on April 3, 2007 at 4:30 p.m. to comply with
                the requirements of Assembly Bill 1497. No one from the public attended.

         H. 2001 Strategic Plan
            Staff work on new or revised solid waste facility permits is completed as part of Goal
            4: Managing and mitigating the impacts of solid waste on public health and safety
            and the environment and promoting integrated and consistent permitting, inspection,
            and enforcement efforts.

                This item supports Strategic Plan Objective 1: Through consistent and effective
                enforcement or other appropriate measures, ensure compliance with federal and state
                waste management laws and regulations by concurring in a permit consistent with
                current statute and legislation.

VI.      FUNDING INFORMATION
         N/A

VII.     ATTACHMENTS
         1. Location Map
         2. Site Map
         3. Proposed Permit Number 01-AA-0010
         4. Resolution Number 2007-121


                                                                                               Page 5-6
Board Meeting                                                                         Agenda Item-5
June 12, 2007

VIII. STAFF RESPONSIBLE FOR ITEM PREPARATION
      A. Program Staff: Reinhard Hohlwein                                 Phone: (916) 341-6344
      B. Legal Staff: Michael Bledsoe                                     Phone: (916) 341-6058
      C. Administration Staff: N/A                                        Phone: N/A

IX.      WRITTEN SUPPORT AND/OR OPPOSITION
         A. Support
            Staff has not received any written support relating to this item.
         B. Opposition
            Staff has not received any written opposition relating to this item.




                                                                                           Page 5-7

								
To top