HomeMy WebLinkAboutItem 7.03 Altamont EIRCITY CLERK #0 810-50
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 15, 2000
SUBJECT:
Altamont Landfill Expansion Project Revised Final Environmental
Impact Report (EIR) for Conditional Use Permit C-5512
Report Prepared by: Elizabeth Silver, City Attorney
ATTACHMENTS:
o
o
Draft Amended Conditional Use Permit
Map Depicting Area For Expenditure of Open Space
Account
October 5, 1999 Staff Report.
RECOMMENDATION:
,
Receive Report
Discuss whether to authorize Staff to draft a letter for the
Mayor's signature to the Alameda County Board of
Supervisors regarding the Revised Final EIR and the
amended CUP for the Altamont Landfill expansion.
FINANCIAL STATEMENT:
If the amended CUP is approved by the County Board of
Supervisors, Staff anticipates that Landfill fees of $1.00 may require
that an additional $34,800 be generated by current Dublin
ratepayers. This amount will increase as the City grows.
DESCRIPTION:
At the October 5, 1999 Dublin City Council meeting, Staff presented a report regarding a settlement
agreement between Alameda County, the City of Livermore, the City of Pleasanton, the Sierra Club and
several recycling groups over the expansion of the Altamont Landfill. The agreement required the County
to revise the Environmental Impact Report and include new conditions of approval in the Amended
Conditional Use Permit.
The Staff report outlined the terms of the settlement agreement, the pOssible impact on the,City of Dublin
and the process to approve the new CUP. At the meeting, the Council directed staff to monitor and
participate in the Altamont Landfill CUP process. This report is an effort to comply with this prior
Council direction.
Shortly after the settlement agreement was approved by all parties, Waste Management of Alameda
County (WMAC) applied for a new CUP for the Altamont Landfill expansion project. Once the County
H/cc-forms/agdastmt. doc
COPIES TO:
ITEM NO.
received this request, work was begun to revise the EIR and amend the CUP. CoUnty Staff recently
completed the Revised Final EIR for the amended CUP and has sent the documents to all interested
parties. A public hearing to review the documents and to consider adoption of the amended CUP is
scheduled to come before the Alameda County Board of Supervisors on March 2, 2000. The County is
currently accepting comments on the EIR and CUP through February 16, 2000.
Summary_ of Amended Conditional Use Permit
The settlement agreement outlined the conditions to be included in an amended CUP for the Landfill ( see
October 5, 1999 Staff report-Attachment 3). The Amended Conditional Use Permit is consistent with the
conditions outlined in the Settlement Agreement and can be summarized as follows:
.
The permit allows an additional 40 million tons of waste, rather than 80 million tons as provided
in the 1996 permit.
2. There is an annual limit on the amount of waste of 1.6 million tons a year (7,000 tons per day).
o
The Landfill will accept waste from Alameda and San Francisco Counties and from the City of
San Ramon.
.
Waste Management will pay for a "Community Monitor" to provide an independent review of the
company's compliance with the CUP conditions.
.
Periodic compliance reviews will be conducted, and Livermore and Pleasanton will have the right
to enforce the terms of the CUP.
.
There will be three fees on users of the Landfill. Waste Management will be required to include
these fees in the franchise fee rate base with the jurisdictions served by Waste Management. The
fees are as follows:
A.
An Open SpaCe Fee of $0.50 per ton. This $0.50 fee is in addition to the $0.25 per ton
open space fee previously imposed by the County resulting in open space fees totaling
$0.75. These fees will be placed in an "Open Space Account to be spent on acquisition of
open space (by fee or easement); 80% of the open space shall be acquired in the Livermore
area (generally east of a line defined by Doolan Canyon and Ruby Hill) and 20% shall be
acquired in the area west of that line (Attachment 2). The agreement calls for an "Advisory
Committee", consisting of appointees by the County, Livermore, Pleasanton and the Sierra
Club, to make a list of properties to acquire. All expenditures must be approved by the
Board of Supervisors, the Sierra Club and, in addition, by Livermore for the eastern area
and by Pleasanton for the western area.
Be
A Host Community Impact Fee of $0.25 per ton. The first $10,000,000 of these fees will
be used for the planning and development of a performing arts center in Livermore.
Revenues derived from this Fee in excess of $10,000,000 will be used as determined by the
Board of Supervisors, based on Livermore's recommendation, for improvements and
programs to benefit the City of Livermore and the surrounding community.
C°
An Education Fee of $0.25 per ton. These fees will be used for diversion education, job
training in the field of waste diversion and recycling and mitigating the impacts of the
Landfill on the affected neighboring community.
W~ste Management will pay the City of Livermore Traffic Impact Fees.
Next Steps
If a new CUP is issued with the conditions described in the settlement agreement as described above,
Waste Management will dismiss its appeal and Livermore, Pleasanton and the other plaintiffs will file a
document with the Superior Court indicating their satisfaction with the County's actions. That will end
the litigation.
If a new CUP is issued but the conditions are different from those described in the settlement agreement,
Livermore, Pleasanton and the other plaintiffs are free to raise objections and to oppose all approvals
related to the Landfill expansion.
Once the new CUP is issued and legal matters have been resolved, Waste Management of Alameda
County must still receive approval for the following permits and/or plans before the landfill expansion can
begin:
1)
2)
3)
4)
5)
6)
7)
County Integrated Waste Management Plan Conformance (Alameda County Waste Management
Authority)
Report of Disposal Site Information and Solid Waste Facilities Permit (Alameda County Health
Care ServiCes Agency, Department of Solid and Medical Waste Management, Local Enforcement
Agency, or as designated by the California Integrated Waste Management Board)
Waste Discharge Requirements and General Industrial Stormwater Permit (Regional Water
Quality Control Board, Central Valley Region)
Permit to Operate and Authority to Construct (Bay Area Air Quality Management District)
Section 404 Nationwide or Individual Permit (U.S. Army Corps of Engineers)
Permit of Incidental Take (U.S. Fish and Wildlife Service
Fish and Game Code 2081 Permit and Stream Bed Alteration Agreement (California Department
and Fish and Game)
If the City wishes to comment on any of the elements of the CUP, the best opportunity would be before it
is approved by the Board of Supervisors. It is unlikely that any of the above permits will pose any
significant barrier to the Altamont expansion and its conditions of approval.
Issues to Consider
1)
It appears that the imposition of additional fees for users of the Altamont landfill may be the most
controversial aspect of the amended CUP. Waste Management has the franchise in Dublin for
refuse collection, and Dublin's waste goes to the Altamont Landfill. If a new CUP is approved
with the conditions included in the settlement agreement, Waste Management will be required to
seek a rate increase t° pass the cost of the increased fees on to Dublin ratepayers. Staff anticipates
that additional Landfill, fees of $1.00 would require that an additional $34,800 be generated by
current Dublin ratepayers. The Cities of Livermore and Pleasanton do not use the Altamont
Landfill and the fees would not affect their garbage rates. However, if the Vasco Road Landfill
applies for a new CUP for an expansion project, these same fees would be imposed on Vasco Road
and would impact the Cities of Livermore and Pleasanton.
In determining whether to comment specifically on the open space fees as provided for in the
revised CUP, the City should consider both the overall justifiability of increasing the fee and the
grounds on which the City may be able to'argue for use of a greater portion of the fee for open
space in the Dublin/Pleasanton area. As discussed above, the original CUP for this project
pro'posed a $0.25 per ton fee for open space; the proposed CUP imposes an additional $1.00 per
ton fee, half of which would be used for open space acquisition. The Revised Final EIR and the
report that accompany it do not indicate any justification for the increased fee for open space.
Indeed, it speaks repeatedly of the significantly smaller footprint of the landfill expansion and of
significant decreases in the limits on landfill capacity, as compared to the originally proposed
expansion. If the footprint and capacity of the presently proposed expansion are smaller than the
originally proposed expansion, the need for mitigating open space should be proportionately less,
as well. The increase may be attributable to the increased cost of land in the intervening period,
but since the proposed CUP and EIR report are silent on the subject, what justifications will be
offered for the increase may be unknown until the release of the staff report on the revised CUP.
An argument could be made that more than 20% of the fees collected should be used for open
space acquisition in the Dublin/Pleasanton area. Not only will Waste Management likely ask the
City's residents to pay the increased fee, but the City has demonstrated a commitment to
procurement of open space. For instance, in the 1999-2000 budget, the Council appropriated
$13,942 to pay a consultant to study the options available for preserving open space in western
Dublin and set aside $150,000 for future acquisition of open space. The City thus has a basis for
asserting that it is in a better position than some other communities to make beneficial use of the
fees, which its residents may be asked to pay.
2)
The City may wish to comment on the organization of the Open Space Advisory Committee,
which as proposed, will consist of appointees by the County, Livermore, Pleasanton and the Sierra
Club. The Committee will be responsible for creating a list of properties to acquire from the open
space account. All expenditures must be approved by the Board of Supervisors, the Sierra Club
and, in addition, by Livermore for the eastern area and by Pleasanton for the western area. As
noted in Attachment 2, large areas of the City of Dublin Sphere of influence are included in the
western open space area, but there is no Dublin representation on the Committee.
3)
As discussed above, $0.25 of the $1.00 per ton fee will be used for recycling and diversion
education programs and job training in the field of waste diversion and recycling. The settlement.
agreement provides for the creation of an Advisory Board to allocate the funds collected for those
purposes. It further provides that Livermore, Pleasanton, Alameda County, and the Northern
California Recycling Association will appoint voting members to the Board. Dublin will be able
to appoint a non-voting member. The City may want to comment that it should have a voting seat
on the Board to have a meaningful voice in the expenditure of fees that its residents may be asked
to pay, especially since, as the users of the landfill, they should be among the target audience for
any education and job training programs funded by the fees.
4)
The City may also want to comment on the manner in which the Revised Final EIR has been and
will be brought before and considered by the Board of Supervisors. California Environmental
Quality Act Guidelines require an agency to recirculate an EIR in accordance with the notice and
comment requirements of a draft EIR, if the agency adds significant new information to a draft
prior to certification. Here, Alameda County has imposed a limitation on the comment period, as
though it were recirculating the EIR, but the period is less than required by the Guidelines, and the
EIR report states that, at its meeting, the Board of Supervisors will have to decide whether to
recirculate the EIR. The City may want to comment that if the County did not intend to recirculate
the EIR, it should not have limited the comment period, or alternatively, that if the County
intended to recirculate the EIR, it should have complied with the comment period requirement in
the Guidelines.
RECOMMENDATION:
Staff recommends that the Council receive the report and discuss whether to authorize Staff to draft a
letter for the Mayor's signature to the Alameda County Board of Supervisors regarding the Revised Final
EIR and the amended CUP for the Altamont Landfill expansion. If the Council determines to comment on
the EIR or CUP, staff requests that the Council provide direction on the issues to be addressed. The City
has until February 16, 2000 to comment on the Revised Final EIR.
lo
.
EXHIBIT B
AMENDED CONDITIONAL USE PERMIT C-5512
Altamont Landfill and Resource Recovery Facility
Class II ExpansiOn Proiect
The operator shall construct the proposed landfill expansion in substantial conformance
with the plan depicted in Exhibit 1, attached hereto and made a part of this permit by
reference, proportionately modified for the reduced project approved herein.
Specifically, the landfill expansion shall conform to the proposed footprint and.~.
elevations, and the biological mitigation area and proposed buffer zones shall be set aside
as shown on this Exhibit 1.
The operator may make minor modifications to the footprint boundary and elevations to
accommodate local requirements for geotechnical and hydrologic integrity, local
biological requirements, or other valid reasons, provided the altered footprint does not
exceed approximately 250 acres in extent. Nominally, an alteration in the landfill
footprint locally affecting no more than 2.5 acres of land (1 percent of the expansion
footprint) or alteration in the landfill construction resulting in a local maximum increase
of ten (10) feet over final landfill' elevation shall constitute a minor modification. For
modifications greater than these values, the operator shall submit plans to the Planning
Department for review and approval. If necessary, the Planning Department shall
respond within ten (10) days, stating whether the proposed modification requires
additional review and conditional use permit modification; otherwise, the operator may
proceed with the modification.
The landfill expansion described in this permit, CUP C-5512, shall not be constructed
until the following permits and/or plans are approved or modified as needed to
accommodate said project:
(a)
County Integrated Waste Management Plan (ColWMP) Conformance (Alameda
County Waste Management Authority- ACWMA);
(b)
Report of Disposal Site Information and Solid Waste Facilities Permit (Alameda
County Health Care Services Agency, Department of Solid and Medical Waste
Management, Local Enforcement Agency, or as designated by the California
Integrated Waste Management Board - LEA/CIWMB);
(c)
Waste Discharge Requirements and General Industrial Stormwater Permit
(Regional Water Quality Control Board, Central Valley Region- RWQCB);
(d)
Permit to-Operate and Authority to Construct (Bay Area Air Quality Management
District- BAAQMD).
(e)
Section 404 Nationwide or Individual Permit (U.S. Army Corps of Engineers -
COE)
(f) Permit of Incidental Take (U.S. Fish and Wildlife Service - FWS)
1-B
FinalAltamontSett,e ATTACHMENT 1
(g)
Fish and Game Code 2081 Permit and Stream Bed Alteration Agreement
(California Department offish and Game - DFC)
LIMITATIONS ON ACCEPTANCE AND DISPOSAL OF WASTES
.
In addition to any other limitations in this perrnit or in any permits or approvals of the
Altamont Landfill and-Resource Recovery Facility (ALRR_F), the operator shall not
accept any waste for disposal, except as provided in Conditions No. 4.1 through 4.6,
below.
4.1
Limitation on Franchise Waste. The operator shall be permitted to accept for
disposal at the ALRRF franchise waste only from Alameda County, the City and
County of San FranciSco and the City of San Ramon, California subject to the
following two conditions:
4.1.1..
With respect to franchise waste accepted for disposal from the City and
County of San Francisco, during the remaining term of the existing
contract for such disposal the City and County of San Francisco must meet
the recycling rate requirement specified pursuant to th~ existing permit for
the acceptance of Franchise Waste from San Francisco issued by the
ACWMA (ACWMA's Resolution No. 78), (a copy of this recycling rate
requirement is attached to this permit as Exhibit "2.") After expiration of
the existing contract, the operator may enter into a new contract to accept
franchise waste from the City and County of San Francisco if San
Francisco is in compliance with the aforementioned recycling rate
requirement and any applicable recycling rate requirement of state law.
4.1.2.
With respect to franchise waste accepted for disposal from the City of San
Ramon, the operator may enter into a contract to accept such waste only if
the City of San Ramon demonstrates that it is achieving a recycling rate
equal to the average recycling rate achieved by the Cities of Livermore
and Pleasanton, provided that such average rate shall be weighted to
reflect the respective populations of Livermore and Pleasanton.
4.2
Limitation on Non-Franchise Waste. The operator shall be permitted to accept for
disposal at the ALR.RF non-franchise waste from Alameda County and the City
and County of San Francisco. In addition, the operator shall be permitted to
accept for disposal at the ALRR_F non-franchise waste specifically covered by
Conditions No. 4.3, 4.4 and 4.5 below.
Sludges, Inert Waste, and Special Waste Prior to ALRR2: Expansion. During the
continued operation of the ALRR.F within the landfill area .covered by the
conditional use permit CUP-6395 and previous approvals, and prior to the date of
the first deposit of solid waste in the expansion area of the ALRRF authorized by
this permit (the "Expansion Date"), sludges, inert waste, and special waste from
outside Alameda County and San Francisco may be accepted for disposal at the
ALRKF subject to the following provisions:
Final Altarnont Settlement - Exhibit B
4.3.1.
During the calendar years 1999 and 2000, the amount of such waste
accepted for disposal at ALRRF shall not exceed an annual tonnage cap bf
75,000 tons per year, provided, however, that any unused portion of this
annual tonnage cap in either calendar year may be "banked" for potential
use during any calendar year after the year 2000 and up to the Expansion
Date as provided in Condition No. 4.3.2 below. In each of these calendar
years, no more than 12,000 tons of such waste shall be accepted for
disposal from outside the City and County of San Francisco, .and the
Counties of AIameda, Contra Costa, Marin, Napa, San Marco, Santa Clara,
Solano and Sonoma (the "Nine Bay Area Counties").
4.3.2.
4._~.3.
During each calendar year beginning on January 1, 2001 up until the
Expansion' Date, the amount of such waste accepted for disposal at
ALRRF shall not exceed an annual tonnage cap of 60,000 tons per year,
provided, however, that any unused portion of this annual tonnage cap in
any calendar year may be "banked" for potential use in any subsequent
year up to the Expansion Date, and further provided that the annual
tonnage cap may be increased to up to 75,000 tons per year by the use of
any tonnage which has been "banked" in any prior calendar year pursuant
to this Condition No. 4.3. In each of these calendar years, no more than
7,500'tons of such waste shall be accepted for disposal from outside the
Nine Bay Area Counties.
Notwithstanding the limitations set forth in Conditions No. 4.3.1 and 4.3.2
above, additional sludges, inert waste, and special waste may be accepted
for disposal at ALRRF to the extent that such additional wastes are the
result of a "major event" which impacts all or part of Alameda County or
the City and County of San Francisco, or both. A "major event" for
· purposes of this Condition No. 4.3.3 is defined as an event or occurrence
which requires substantial additional disposal of sludges, inert wastes or
special waste, and which is either (i) a regulatory change or order
requiring the collection, and disposal of soil, debris or other material from
a substantial area such.as numerous industrial facilities or public facilities,
or (ii) a damaging event or occurrence such as a fire, earthquake, flood, or
large explosion, which destroys or damages structures or facilities over a
substantial area. If the "major event" is a regulatory change or order, then
review and approval by the Planning Commission shall be required prior
to any acceptance of additional waste pursuant to this Condition No. 4.3.3
'from outside Alameda County and the City and County of San Francisco.
The County shall use its best effort to schedule and conclude the Planning
Commission hearing on any such proposed action within thirty (30) days
following the operator's application to the County seeking approval of
such disposal.
4.4
Sludges, Inert Waste, and Special Waste After ALRRY Expansion. After the
Expansion Date, the amount of sludges, inert waste, and special waste accepted
for disposal at ALRRF from outside Alameda County and San Francisco shall not
3-B
Final Altamont Settlement - Exhibit B
4.5
4.6
4.7
4.8
exceed 25,000 tons per calendar year, and no such waste shall be accepted from
outside the Nine Bay Area Counties. The "banking" and "major event"
provisions and exceptions set forth in Condition No. 1.3, aboVe, shall not apply
after the Expansion Date.
Self-Haul from Contra Costa County. The operator may continue to accept self-
haul wastes from Conga Costa County at the ALRRF, up to an annual tonnage
cap of 15,000 tons per year prior to the Expansion Date, and up to an annual
tonnage cap of 25,000 tons per year after the Expansion Date. Prior to the
Expansion Date, any unused portion of the annual tonnage cap in any calendar
year may be "banked" for potential use in any subsequent calendar year prior to
the Expansion Date, provided that the overall amount of such waste accepted shall
not exceed 25,000 tons in 'any calendar year. This "banking" provision shall not
apply after the Expansion Date. Self-haul wastes are defined for pfirposes of this
Condition No. 4.5 to include solid wastes which are self-hauled to the ALRRF by
the independent contractor or customer who generates the wastes.
Pro Rata Adjustment of Partial Calendar Years Before and After the Expansion
Date. With respect to any partial calendar year immediately before or after the
Expansion Date, the applicable tonnage caps shall be a pro rated percentage of the
otherwise applicable caps.. Minor variances in the pro rated caps for the partial
calendar year, if any, prior to the Expansion Date shall be allowed only to the
extent the variance is the result of seasonal or periodic fluctuations in the rate of
waste disposal, which fluctuations would be consistent with complying with the
tonnage cap if the cap applied over an entire calendar year.
No Hazardous, Medical or Radioactive Waste. The Conditions of Approval set
forth above are intended to allow for disposal of franchise waste, non-franchise
waste and materials regulated or classified aS inert waste, special waste or
designated waste, and are not intended to allow for disposal at ALRRF of material
which is regulated as a hazardous waste,, medical waste, or radioactive waste.
Accordingly, the operator shall not accept for disposal at the ALRR_F any material
which is (i) classified and regulated by the State of California' as a hazardous
waste; (ii) classified and regulated by the State of California as a medical waste;
or (iii) classified and regulated by the United States Department of Energy as a
radioactive waste.
Annual Tonnage Cap and Average Daily Tonnage Cap. The amount of solid
waste accepted for disposal at ALRR.F in any given calendar year shall be limited
by the geographic and other restrictions in this permit, and further by the
provisions of this Condition No. 4.8. The provisions of this subsection are
intended to provide an annual tonnage cap and a cap on average daily tonnage of
solid waste to be accepted for disposal at ALRKF in addition to the geographic
restrictions in this permit.
4.8.1 Beginning in the year 2000, the amount of solid waste accepted for
disposal at the ALRRF in each year shall not exceed a total of 1,600,000
Final Altamont Settlement - Exhibit B
_...-
4.8.2
4.8.3
4.8.4
tons. Based on a calendar year calculated at 260 days, this would result in
an annual average daily tonnage of solid waste disposed at the ALR_R_F of
approximately 6,154 tons per day, calculated over the entire year. To
allow for seasonal fluctuations in solid waste disposal, the average daily
tonnage of solid waste accepted in any calendar quarter shall not exceed
7000 tons per day. Both this annual tonnage cap and the average daily
tonnage cap shall be subject to adjustment as provided in this Condition
No. 4.8. During any part of the year 1999 that this permit is in effect, the
annual tonnage cap shall be applied on a pro rata basis.
Beginning in the year 2001, the annual tonnage cap and the average daily
tonnage cap shall be automatically increased by the Planning Department
to the extent required to accommodate additional waste disposal resulting
from any one or more of the following factors: (i) additional growth,
development or economic activity in Alameda County, San Francisco, or
San Ramon as .determined' by the California Integrated Waste
Management Board's ("IWMB") annual indices, and including automatic
increases in each calendar year for additional waste generated by projects
approved in Alameda County, San Francisco, or San Ramon; (ii) the
transfer of any solid wastes or solid waste stream from other landfills in
Alameda County for any reason, including without limitation the closure
of such landfills or the negotiation of new contracts providing for disposal
at the ALRR.F, provided that such waste streams originate in Alameda
County, San Francisco or San Rarnon as provided for in this permit.
Within sixty (60) days after the IWMB releases its annual indices for the
previous calendar year, the operator shall provide the Planning
Department with a copy of the IWMB indices, and the Planning
Department shall automatically increase the annual tonnage cap and
average daily cap to the extent required to accommodate additional waste
disposal as set forth in Condition No. 4.8.2 above.
For the purposes of calculating automatic cap increases as provided by
Condition No. 4.8.2 above, the operator may provide the Alameda County
Planning Department w/th other indices or factors that support, update or,
in the absence of the IWMB's indices, substitute for the IWMB's annual
indices. The operator shall simultaneously provide copies of all such
materials to the Cities of Livermore and Pleasanton, and representatives of
the Sierra Club, the Northern California Recycling Association and
Altamont Landowners Against Rural Mismanagement in addition to the
County, and the County shall promptly make all such materials available
to the public upon request. The Planning Department may use such
indices or factors in determining, appropriate increases to the annual
tonnage cap and average daily cap for the purposes of calculating
automatic increases to the annual tonnage cap and average daily cap but
shall, take no action granting an. automatic cap increase based on such
indices or factors any sooner than twenty-one (21) days after the receipt of
5-B
Final Altamont Settlement - Exhibit B
-.
.
copies of such indices or factors by the Cities of Livermore and
Pleasanton, and representatives of the Sierra Club, the Northern California
Recycling Association and Altamont Landowners Against Rural
Mismanagement, in order that these parties and the public may review
these and comment upon them to the Planning Department. Decisions by
the Planning Department to increase the annual cap based on factors other
than those set forth in Condition No. 4.8.2 above shall be appealable to the
Planning Commission.
4.8.5
In addition to the automatic increases provided by Condition No. 4~8.2
above, following noticed public hearing and discretionary approval by the
Board of Supervisors, the annual tonnage cap and the average daily
tonnage cap for a given calendar year may also be increased to the extent
the operator demonstrates to the Board that such increase is required to
accommodate additional waste disposal resulting from extraordinary
events, including natural disasters.
4.8.6
The operational or design capacity of the ALRRF specified in the solid
waste facilities permit shall be 11,150 tons per day, provided that the daily
tonnage cap shall still apply as a Condition of this permit.
4.9
Definitions of Waste Categories and Cover. For the purposes of this permit, the
following terms have the spicified meanings set forth below, including'any future
amendments of such referenced statutes or regulations'
4.9.1. Designated Waste. The term, "designated waste", means "designated
waste" as defined in California Water Code section 13173.
4.9.2. Cover. The term, "daily cover" means "daily cover" as defined in 27
California Code of Regulations ("CCR") section 20164.
4.9.3. Hazardous Waste. The term, "hazardous waste", means "hazardous waste"
.
as defined in 14 CCR section 17225.32.
4.9.4.
4.9.5.
4.9.6.
Inert Waste. The term, "inert waste", means "inert waste" as defined in 14
CCR section 18720(a)(32).
!
Sludge. The term, "sludge", means "sludge" as defined in 14 CCR section
18720(A)(69).
Special Waste. The term, "special waste", means "special waste" as
defined in 14 CCR section 18720(a)(73).
Testing and Advance Notice Prior to Accepting Soil and Certain Material.
5.I
The operator shall not accept for any use or disposal more than ten (10) cubic
yards of any soil known or reasonably susPected 'by the operator to come from a
6-B
Final Altarnont Settlement - Exhibit B
contaminated site without first
following information:
requiring
submittal of, and reviewing, the
5.1.1.
5.1.2.
5.1.3.
Results of laboratory testing of the soil for its hazardous materials content
and suitability for acceptance in a municipal solid waste landfill;
A statement identifying the source of the soil and the location of the
source property; and
Any required notification from appropriate regulatory agencies that the
soil may be accepted for use or disposal at ALRR.F.
5.2
The operator shall not accept for any use or disposal any material that (a) requires
a variance from the then existing permit conditions at ALRR.F in order to be
accepted there, or (b) is a hazardous waste, that has been declassified or is
proposed to be declassified for purpose of acceptance at ALRRF, without first
requiring submittal of, and reviewing, the following information at least ten (10)
days in advance of acceptance of such material at ALR_R.F:
5.2.1. Results of laboratory testing of the material for its hazardous materials
content and suitability for acceptance in a municipal solid waste landfill;
5.3
5.2.2. A statement identifying the source of the material and the location of the
source property; and
5:2.3. Notification from appropriate regulatory agencies that the material may be
accepted for use or disposal at ALRR_F.
The requirements of Conditions No. 5.1 and 5.2 above are triggered only when
the operator 'has determined to accept for any use or disposal more than ten (10)
cubic yards of soil known or reasonably suspected by the operator to come from a
contaminated site, or any material that (a) requires a variance from the then
existing permit conditions at ALRRF in order to be accepted there, or (b) is a
hazardous waste that has been declassified for purpose of acceptance at ALRRF,
and do not apply to soils or materials that the operator declines to accept for use
or disposal at ALRRF.
o
5.4
The Hazardous Waste Exclusion Program for the ALRRF shall be amended to
include the requirements of this Condition No. 5. The provisions of this
Condi.tion No. 5 are in-addition to the other Conditions set forth in this permit
relating to screening of hazardous wastes and load checking of wastes. In the
event of any conflict between the provisions of this Condition No. 5 and such
other Conditions of this permit, the provisions of this Condition No. 5 shall
control.
Size of Expansion and Landfill Footprint. The landfill expansion shall not exceed 40
million tons of capacity. Consistent with the size of the expansion and the restrictions on
7-B
Final Altamont Settlement- Exhibit B
solid waste disposal and imports in this permit, the footprint of the landfill expansion
shall be limited to approximately 250 acres.
Most of the following Conditions of Approval, Nos. 7 to 82, are a condensation and
simplification of mitigation measures identified in the Final EIR as revised which should not be
construed so as to diminish or eliminate responsibility of the operator for full mitigation of
environmental impacts identified in the Final EIR. In implementation of these Conditions of
Approval or in the event that a question arises as to how the operator or County shall proceed in
mitigation of impacts, the Final EIR shall be consulted for guidance for a determination by the
Planning Commission.
Mitigation measures were crafted to address the impacts identified for the original project and
will be sufficient to cover any situation created for the reduced project approved herein. Other
conditions reflect local, state and federal requirements that may not address specific mitigation
measures for impacts identified as part of the EIR. These include legal liability, general
operational conditions, design, construction and regulatory standards, periodic review, and
various fees.
LAND USE
o
Buffer zones shall be retained on site around the perimeter of the landfill footprint
substantially as indicated on Exhibit 1.
.
The operator shall apply to the Livermore Area Recreation and Park District to modify its
1991 Regional Trail Plan to recognize the proposed Class II Landfill Expansion project.
Should a trail across or adjacent to Section 17 be constructed, the operator shall provide
appropriate signage and fencing around the portion of the wildlife mitigation area that is
nearest the trail.
The operator shall initiate site closure activities when the landfill achieves final grade.
Closure and Po}t-Closure Plans shall be designed such that the landfill would support
agricultural uses after closure and reclamation. A-program shall be prepared for
submittal and review to the United States Department of Agriculture, Soil Conservation
Service, for restoration of the project site to agricultural capability. Upon closure, the
project shall be "visually integrated" with the surrounding terrain through sensitive
grading and revegetation with native plant materials.
10.'
As part of the reqfiired Site Development Review (SDR) for permitted development
within the A '(Agricultural) District, the Alameda County Planning Department will
review proposed development of the legal building site parcels within 4,000 feet of the
ALRRF Expansion footprint for consistency and compatibility with surrounding uses.
The operator shall provide reasonable funding for any study of the health and safety
impacts of the ALRRF expansion on such development that the Planning Department
reasonably determines is a necessary part of the SDR.
8-B
Final Altamont Settlement - Exhibit B ....
(a)
If the Planning Department determines, based on the conclusions of a health and
safety study conducted as part of the SDR, that the ALRRF expansion will have a
significant health or safety impact on the proposed development of the legal
building site parcel, the Planning Department may impose conditions on the
development of the legal building site parcel to avoid any such health or safety
impacts, provided, however, that the Planning Department must first require that
the developer take all reasonable measures to minimize such health or safety
impacts without significant additional costs including, if appropriate, relocation of
the development to another portion of the parcel. If the developer incurs
additional unavoidable development costs or diminution of property value solely
to'implement those measures required by the Planning Department to avoid health
or safety impacts created by the ALRRF expansion, the operator shall provide
appropriate restitution, as determined by the Planning Department, or may offer to
purchase the property at its fair market value at the operator's sole discretion.
Appropriate restitution shall be limited to the developer's direct, out-of-pocket
costs and/or reduction in property value below the fair market value of the parcel.
(b)
If.the Planning Department determines that the legal building site parcel cannot be
developed for any permitted use, due solely to health or safety impacts created by
the ALRR.F expansion, the operator shall provide appropriate restitution which
shall be limited to 'reduction in property value below fair market value of the
parcel, as determined by the Planning Department; or the operator may offer to
purchase the property at its fair market value at operator's sole discretion.
(c)
As a condition of approval of development of any legal building site parcel'
requiring restitution from ALRRF, the Planning Department will require that the
operator enter into a recordable covenant or other recordable instrument, which
acknowledges that the ALRR_F, as authorized in the CUP, can continue to operate
throughout its expected life and that the developer shall agree not to seek any
further restitution or damages from the operator.
(d)
Nothing above will prevent the operator from applying for approval to modify its
operations to reduce any health and safety impacts on the adjacent legal building
site parcel caused by the ALRRF expansion.
(e)
· The operator reserves all rights to appeal and/or challenge any determination of
the Planning Department requiring restitution.
VISUAL
I1.
Final grades and contours for the landfill shall be in substantial conformance with those
depicted in Exhibit 1 unless modifications are otherwise approved by the Planning
Department.
12.
In cooperation with the County, neighbors along Dyer Road, rangers and users of the
Bethany Reservoir State Recreation Area, the operator shall continue its program to.
monitor and respond to community complaints regarding dust, stray litter, pests and other
9-B
Final Altamont Settlement - Exhibit B
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aesthetic effects on sensitive viewpoints. Ail transfer vehicles and direct-haul collection
vehicles that dispose at ALPd~ shall be enclosed as needed to prevent rubbish from
escaping the vehicle in route. The operator shall minimize the distance between the
tippers and the tip area to minimize airborne litter. Kefuse shall be compacted promptly
to reduce amounts of blowing litter. A litter-control fence shall be installed downwind of
the fill area to trap airborne refuse.
13.
Where feasible, and to the extent possible, the operator shall locate soil stockpiles within
basins in the existing topography, with heights generally not to exceed surrounding ridge
lines. The operator shall seed larger stockpiles and cut surfaces that are not active for an
extended period (more than one season).
HISTORIC/ARCHAEOLOGICAL RESOURCES
14.
The operator shall implement a program for a qualified' archaeologist to complete
recordation and investigation of known sites that would be disturbed, removed or
destroyed during the construction of the proposed project and comply with the
requirements of the State Historic Preservation Officer (SHPO). Prior to excavation and
construction, the prime construction contractor and any subcontractor(s) shall be
cautioned on the legal and/or regulatory implications of knowingly destroying cultural
resources or removing artifacts, human remains, bottles, and other cultural materials from
the project site.
(a)
The qualified archaeologist shall have the authority to temporarily halt excavation
and construction activities in the immediate vicinity (ten-meter radius) of a find if
significant or potentially significant cultural resources are exposed and/or
adversely affected by construction operations.
(b)
Reasonable time shall be allowed for the qualified archaeologist to notify the
proper authorities for a more detailed inspection' and examination of the exposed
cultural resources. During 'this time, excavation and construction shall not be
allowed in the immediate vicinity of the find; however, those activities could
continue in other areas of the project site.
(c)
If any find were determined to be significant by the qualified archaeologist,
representatives of the construction contractor and Alameda County, the qualified
archaeologist, and a representative of the Native American community (if the
discovery is an aboriginal buriaI) shall meet within seven calendar days to
determine the appropriate course of action for recording and removing any
cultural resources or remains.
OTHER COMMUNITY SERVICES
15.
The operator shall apply security systems to the operation of the Class II Landfill
Expansion to preclude unauthorized entry by persons or vehicles. These systems include
posting a 24-hour guard, maintaining fencing around the site perimeter, maintaining
10-B
Final Altamont Settlement - Exhibit B
.%'
secondary fences around active operations, wiring buildings with remote alarms
(connected to a security service), and maintaining security lighting:
BIOLOGICAL RESOURCES
16.
The operator shall set aside a total of 750 acres for biological habitat mitigation and
buffer area in Sections 15, 16, 17 and 21, substantially as depicted in Exhibit 1.
Land Dedication for Habitat Preserve. To the extent that off-site habitat mitigation is
required by the United States Fish and Wildlife Service ("FWS"), the operator will enter
into a Conservation Agreement with FWS and the Livermore Area Recreation Park
District and/or the East Bay Regional Park District regarding the acquisition, operation
and maintenance of a Habitat Preserve (the "Preserve") in the Altamont or other suitable
area in eastern Alameda County. The operator's requirement for multi-species off-site
mitigation acreage shall be met by the operator by the dedication of public open space in
the Altamont or other suitable area in eastern Alameda County. The operator shall meet
and confer with the City of Livermore and Alameda County planning staffs to identify
properties that might be incorporated within the Preserve. In identifying the acreage for
additions to the Preserve, the operator shall give priority to lands which are adjacent to or
in the vicinity of existing public open space in the Altamont area such as Brushy Peak
and Vasco Caves. Any such properties shall be given preference for inclusion within the
Preserve (subject to availability and cost) if they are.acceptable to the FWS and the
Livermore Area Recreation and Park District. The operator and the City of Livermore
shall confer and cooperate to identify supplemental sources of funds, if appropriate, to
assist in purchasing such preferred properties. Pre-construction habitat mitigation
required for each phase of the ALRRF expansion shall be implemented prior to the
opening of that phase consistent with Condition No. 17 of this permit. A Trust Fund for
the acquisition, operation and maintenance of the Preserve shall be established by the
operator in an amount to be determined under the agreement with the FWS.
17.
Prior to the initiation of any ground clearing,-grading, construction, or other activities
which could disrupt the San Joaquin kit fox and other target species in the expansion
area, the operator shall finalize, through formal Section 7 consultation, and implement a
mitigation program based on the Biological Assessment (LSA, 1995) and the measures
identified in the FEIR. The mitigation program shall include but not be limited to:
(a) Surveys for all affected species according to'current agency protocols;
(b)
(c)
Reporting of results to the Califomia Department of Fish and Game (DFG), FWS
and County Planning Director;
Avoidance of areas occupied by the species and/or the safe relocation of
individuals as determined appropriate by the DFG and/or FWS.
The operator shall set aside in perpetuity, by recorded deed, th~ 750 acres in Sections 15,
16, 17, and 21, as well as additional lands off-site to make up for the remaining acreage
needed. The program shall address impacts to the San Joaquin kit fox, the American
I1-B
Final Altamont SeBlem~nt- Exhibit B
18.
19.
20.
21'.
22.
badger, the San Joaquin pocket mouse, the ferruginous hawk, the merlins, the Northem
harrier, the golden eagle, the prairie falcon, the tri-colored blackbird, the loggerhead
shrike, the burrowing owl, the California tiger salamander, and the red-legged frog. The
program shall include performance standards and a monitoring schedule.
The mitigation program shall be monitored annually for five years (minimum, or a period
agreed upon by the operator in consultation with FWS and DFG) after implementation to
assure the success of the mitigation, as determined by evaluation of performance
standards and success criteria based on FWS and DFG requirements and standards. If at
any point during the five-year monitoring period, the mitigation plan is judged to have
not been successful, .the mitigation shall be reinitiated, after modification as necessary,
and monitored for a succeeding five-year period.
If required by the FWS or the DFG, the operator shall conduct surveys at appropriate
times of the year for the Townsends western big-eared bat, the pallid bat, the California
mastiff bat, the California homed lizard, the San Joaquin whipsnake, the Ricksecker's
water scavenger beetle, the curved-foot hygrotus beetle and the Molester's blister beetle.
If these surveys reveal the presence of any of these species, the operator shall consult
with FWS and DFG to determine suitable mitigation, based on measures presented in the
FEIR as applicable. The operator shall implement measures as required by the FWS or
the DFG.
The operator shall conduct FWS- and DFG-approved pre-construction surveys at
appropriate times of the year for the San Joaquin kit fox, the American badger, the tri-
colored blackbird, the loggerhead shrike, and burrowing owls. Prior to the filling of
existing ponds, the operator shall conduct surveys for tadpoles and adult western
spadefoot toad. If any of these surveys reveal the presence of any of these species, the
operator shall either avoid or relocate the animals as determined appropriate by the FWS
or the DFG.
Long-term maintenance of the mitigation lands shall be the responsibility of the operator
with the assistance of qualified consultants or consultation with state and federal agency
staff, until it can find a qualified agency or private organization to takeover the long-term
maintenance responsibility. Selection of the management entity shall be made based on
its ability to carry out the long-term maintenance requirements and its commitment to
goals consistent with the long-term maintenance requirements. Selection of the
management entity shall be subject to FWS, DFG, and County approval. If a long-term
management entity is identified, selected and approved by FWS, DFG, and the County,
the management entity, through a legally binding agreement, shall assume the
maintenance and management responsibility of the San Joaquin kit fox mitigation areas
in perpetuity.
No chemicals (e.g., rodenticides, herbicides) shall be applied in areas used for mitigation
habitat, or in areas within one mile of known San Joaquin kit fox occurrences during
construction and operational phases of the landfill. (This measure is not meant to
preclude use of rodenticides within the operating landfill footprint). If.chemical rodent
control must be conducted at the ALRRF, zinc phosphide or other County approved
12-B
Final Altamont Settlement - Exhibii B-'
rodenticide shall be used. Application methods, for chemicals should minimize exposure
of non-target species as recommended in the FEIR. Prior to application, the operator
shall conduct a field consultation with the FWS and DFG regarding the feasibility of
rodenticide application. The operator shall comply with FWS and DFG requirements for
such application.
23.
The operator shall, to the extent feasible, locate stockpiles in previously disturbed areas.
The operator shall also attempt to minimize the area extent (footprint) of the stockpiles.
24.
To the extent possible, project-related vehicle t. raffic shall be restricted to established
roads, construction areas, storage areas, and parking areas. To the extent possible, off-
road vehicle traffic outside of designated project areas shall be restricted. Project-related
vehicles shall observe a 20 mph speed limit in all project areas.
25.
The operator shall conduct an employee education program. The program shall include
review of kit fox biology, habitat requirements, legislative protection, and measures taken
to reduce impacts to the species during project construction and operation.
26.
The operator shall submit a post-construction compliance report to FWS within 45 days
of completion of each major project component (e.g., stockpiles, water pipeline, storm-
drain basin construction).
27.
Closed landfill areas may be provided as part of the replacement mitigation habitat for the
San Joaquin kit fox and various passerine species, if literature research or available data
establishes that this is feasible and if approved by FWS and DFG.
WETLANDS
28.
The operator shall implement a Wetiands Mitigation Plan based on the Conceptual
Wetland Mitigation Plan (LSA, 1994), the mitigation measures identified in the FEIR,
and a Plan that has been approved through permits by the COE, FWS, DFG, RWQCB
and the County. At minimum, this shall include creation of 2.5 acres of seasonally
inundated wetlands in four units in Section I7. The wetlands shall be designed as
breeding habitat for the California tiger salamander and red-legged frog. Revegetation
shall use only native vegetation of species found on site. The plan shall include
performance and monitoring standards.
29.
The operator shall monitor the replacement wetlands after they are created to assess
xvhether they are meeting the performance standards in the approved Wetlands Mitigation
Plan. Such monitoring shall be conducted for five years or until performance standards
are met, whichever occurs first.
30.
If performance standards are not met during the first five years after replacement
wetlands are created, the operator shall continue monitoring for a period to be determined
by the COE and the County.
;1.
Maintenance and monitoring of the wetlands shall be the responsibility of the operator
with the assistance of qualified consultants, until it can find a qualified agency or private
13-B
Final Altamont Settlement - Exhibit B
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organization to assume that responsibility. The management entity shall be selected
based on its financial and technical capability to carry out the long-term maintenance
requirements and its commitment to goals consistent with the long-term maintenance.
Selection of the management entity shall be subject to approval by the COE and the
County. If a management entity is approved, the management entity, through a legally
binding agreement, shall assume the maintenance and management responsibility of the
wetland mitigation areas in perpetuity.
32.
The operator shall avoid existing ponds in the Phase I landfill area until replacement
wetlands have been established. The operator may 'remove the existing ponds as
construction occurs in the .expansion area after it has been determined that replacement
wetlands have been established and the California tiger salamander has been resettled.
ALKALI SINK
The operator shall implement a mitigation plan for the alkali sink that is based on the
Conceptual Wetlands Mitigation Plan (LSA, 1994) and the mitigation measures identified
in the FEIR, and that has been approved by the COE, DFG, FWS, and the County.
Operator shall conduct a site-specific hydrology analysis for the sink to determine the
appropriate average seasonal flow to the sink, and this shall be incorporated into the plan.
The mitigation plan shall include performance and monitoring standards.
34.
The operat, or shall conduct bi-annual monitoring of the alkali sink pursuant to a
monitoring plan approved the COE, DFG, FWS, and the County to determine whether the
performance standards are being met. If the monitoring reports show that the alkali sink
is not being adequately maintained or is declining in habitat quality or quantity, the
operator shall take additional mitigation measures approved by the COE, FWS, DFG, and
the County, based in part on measures recommended in the FEIR.
35.
Any surface or ground water delivered to the alkali sink shall pass through detention
basins to remove sediment, and untreated leachate delivered into the alkali sink shall
meet applicable water quality standards.
36. The operator shall fence the area to keep livestock out of the alkali sink.
GEOLOGY/SOILS/SEISMIC
37.
The operator shall design and construct the landfill in accordance with Titles 14 and 23
of the California Code of Regulations (CCR) requirements for final cover design, final
surface grades,' and continuing monitoring and maintenance to reduce potential impacts
due to settlement. The final design and subsequent modifications shall be reviewed by
the RWQCB (prior to issuance of revised Waste Discharge Requirements) and the LEA
(as part of the application for a revised Solid Waste Facilities Permit). RWQCB and
LEA approvals shall signify that the proposed design meets all of the applicable
requirements.
38.
The operator shall conduct slope stability analyses for the design in accordance with
Titles 14 and 23 of the CCR and stability shall be verified for each landfill cell and
14-B
Final Altamont Settlement - Exhibit B ....
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40.
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43.
excavation. The analyses would be able to address hidden instability conditions on the
site. The purpose of the analyses shall be to determine potential hazards for cut slopes,
refuse slopes, and final cover. Measures shall be implemented to .reduce specific
identified slope instability hazards~ These measures might include reducing the slope
angle, keying slopes, buttressing unstable areas and excavation sequencing from higher-
lying to lower-lying parts of unstable slopes. Similar verification shall occur for
temporary refuse fill slopes for future fill sequences prior to construction of each cell.
All slope stability investigations shall be conducted by a certified engineering geologist
and/or registered ge.otechnical engineer. All final grading plans and slope stability
analyses shall be reviewed by the County Grading Inspector prior to the start of liner
construction.
The proposed final topography shall be described in the RepOrt of Disposal Site
Information that would be submitted to the LEA as part of the application for a revised
Solid Waste Facilities Permit. The LEA's approval of the application shall signify that
the proposed topography meets all of the applicable Title .1.4 requirements.
The operator shall establish permanent survey monuments on and in the immediate
vicinity of the landfill to monitor long-term landfill settlement or lateral displacement.
The monuments shall be periodically surveyed during the post-closure maintenance
period. If the monitoring of settlement and displacement detects that more than
anticipated amounts of movement of the monuments has occurred, an engineer or
engineering geologist shall be retained to make specific recommendations for correcting
the stability problem. A record of the monument survey results shall be filed with the
LEA.
During the landfill development period, the operator's engineer shall conduct an
investigation of slope stability, including active working area, filled and closed areas, and
nearby areas that could affect the landfill whenever there is rainfall of more than six
inches in a three-day period that follows an accumulated seasonal (October through
April) total rainfall of 15 or more inches.
The operator shall retain a qualified engineering geologist to conduct a site inspection to
identify any potential indications of instability and to provide recommendations to
stabilize or minimize hazards of slope instability as soon as possible, but not longer than,
one week following such a rainfall. A record of the engineering geologist's inspection
and recommendations, and the operator's response plan shall be filed with the LEA and
RWQCB.
All offsite slo'pe instabilities that could reasonably affect the landfill and perimeter
drainage system shall be identified by an engineering geologist and corrected at the time
that filling is carried out in that part of the Expansion area. At the time of the final
closure plan, no significant slope instabilities shall remain onsite or adjacent to the site
that could result in damage to the landfill or the perimeter drainage system. The
operator's engineering geologist shall submit documented proof of compliance with this
requirement to the LEA and RWQCB.
15-B
Final Altamont Settlement - Exhibit B
44.
The operator shall design and construct the landfill in accordance with all fecieral and
State requirements relative to seismic safety. The final design shall be reviewed by the
RWQCB (prior to issuance of revised Waste Discharge Requirements) and the LEA (as
part of the application for a revised Solid Waste Facilities Permit). RWQCB and LEA
approvals shall signify that the proposed design meets ail of the applicable seismic safety
requirements. To protect on-site personnel, ensure the integrity of the landfill, and
minimize any disruption to landfill operations in the event of a major earthquake, the
operator shall update the Earthquake Response Plan (part of the site's Emergency
Response Plan currently in effect) to include post-earthquake inspection to evaluate any
damage that may have occurred, ensure the integrity of the landfill containment systems,
and make the landfill operational as soon as possible.
HYDROLOGY/WATER OUALITY
45.
The operator shall comply with the following RWQCB requirements based upon the
project description:
(a)
Prepare a Leachate Monitoring Plan. Monitoring procedures, shall address the
amount of leachate generated, its chemical composition, and the-depth of leachate
buildup on the liner. Leachate monitoring activities shall comply with the site's
Waste Discharge Requirements, and applicable sections of'CCR Titles 14 and 23.
(b)
Prepare and submit a groundwater monitoring plan to the RWQCB as part of the
Report of Waste Discharge, prior to issuance of the Waste Discharge
Requirements. Groundwater monitoring shall be conducted using background
and compliance wells. Monitorir/g well placemerit shall take into consideration
the local variability in geologic materials that influence groundwater flow as
indicated by various conceptual groundwater flow models identified by RUST
Environment & Infrastructure (1994).
(c)
Prepare and submit a vadose zone monitoring plan to the RWQCB as part of the
Report of Waste Discharge, prior to the issuance of the Waste Discharge
Requirements. Vadose zone monitoring shall be conducted in accordance with
CCR Title 23, Section 2550.7(d). Liquids collected in the systems shall be
monitored periodically. The operator shall remove or remediate any detected
contaminants pursuant to CCR Title 23, Section 2550.11.
(d)
Implement appropriate corrective measures in the event of leachate migration
pursuant to Section 2550.10 of CCR Title 23 shall be implemented by the
operator, subject to approval and oversight by the RWQCB, Central Valley
Region.
(e)
Submit a copy of the annual report prepared for the appropriate RWQCB to the
Planning Department.
46.
The landfill shall be designed and constructed to control drainage and erosion in
accordance with the facility Waste Discharge Requirements including surface water run-
16-B
Final Altamont Se~lernent - Exhibit
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on and run-off controls. The drainage and erosion plans shall be submitted to the
Planning Department with review by the Director of Public Works. The operator may
proceed with proposed construction within ten (10) calendar days of the Planning
Department's receipt of written submittal unless otherwise notified by the Planning
Department. The plans should incorporate the following measures:
(a)
The proposed landfill shall be constructed, against existing ridges such that all
rainfall on areas adjacent to the footprint shall drain away from the landfill.
(b)
Sedimentation basins shall be incorporated into the project design in places where
peak discharges would increase substantially.
(c)
Drainage facilities shall be constructed to accommodate the 1,000 year, 24- hour
storm, or current design storm as required by state or federal law.
In the event that springs or heavy seeps are encountered during site excavation for the
landfill, additional subgrade drainage measures shall be taken to ensure that there is no
seepage into the landfill and that groundwater/waste separation is .maintained. Such
measures may include additional geotextile drains, the extension of gravel chimney
drains up the slope from the gravel drain on the floor of the landfill, and hydroaugers.
Other measures also may be recommended by the project engineering geologist in
response to the local hydrogeological conditions.
The operator shall design the final grading and drainage of the Proposed Class II Landfill
Expansion to minimize cover erosion. Design features shall include deck area slopes to
promote sheet, drainage, a series of drainage benches, inlets, and down drains, debris/
retention basins, and outlet structures.
>UBLIC HEALTH & SAFETY
The operator shall contiriue the application of the existing WMAC/ALRR_F Special
Waste Program (a process of identifying and characterizing each customer waste stream)
to new designated wastes to be received by ALRRF. Designated wastes shall be accepted
only from pre-approved generators. To be pre-approved, a generator shall submit
information that may include analytical data to the operator demonstrating that its waste
stream is non-hazardous prior to sending any waste to the landfill. Wastes with
ambiguous analytical data (indicating that it could be hazardous) shall not be accepted by
the operator for disposal at the landfill until the waste is proven to be non-hazardous by
supplemental testing. This measure would allow the landfill to employ inexpensive
screening tests that could flag wastes that are potentially ha72.rdous without rejecting
them outright, while allowing definitely nonhazardous wastes to pass. Waste proven to
be hazardous either by the screening tests or by supplemental tests shall be taken
elsewhere.
In accordance with State codes, any truck which disposes of municipal solid waste
(MSW) at the ALRRF may be inspected and approved or rejected by the LEA. In
17-B
Final Attamont Settlement - Exhibit B
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52.
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54.
55.
56.
57.
accordance with the State of Califomia 1993 Vehicle Code, haul trucks carrying dusty
material shall be covered during transport.
For those designated wastes (such as drilling muds, ash, and sludges) for which handling
procedures are not fully described in the Joint Technical Document (JTD) and
revisions/amendments thereto, the operator shall develop and adopt handling provisions
that are in compliance with LEA requirements and RWQCB Waste Discharge
Requirements. Special care shall be taken to ensure that incompatible wastes are not
mixed. Designated wastes shall be mixed with (and covered by) MSW as part of the co-
disposal process. Ash or contaminated soils shall not be disposed of during windy
conditions (where the material is difficult to handle or could be blown off-site). The
formation of standing pools of water shall be minimized by quickly covering high
moisture-containing wastes with MSW or dry designated wastes.
The operator shall comply with provisions of the CCR, Title 14, Section 17670, which
state that operating and maintenance personnel are required to wear and use approved
safety equipment for personal health and safety, as determined necessary by the LEA,
and Section 17672, which stipulates that site operation and maintenance personnel must
be adequately trained in subjects pertinent to safety, health, environmental controls and
emergency procedures.
Workers shall not be allowed to eat near the active landfill. Food and beverages shall
only be consumed away from active landfill areas, or inside an enclosure such .as an
office building or mobile trailer.
The landfill's Health and Safety Program shall be applied to the Class II Landfill
Expansion, including the Health and Safety Plan that describes how the program is
enacted. The Plan shall be revised if needed to include a Contaminant Exposure
Monitoring Program, a Medical Monitoring Program, a Personal Protective Equipment
Program, and a Training Program as well as procedures for implementation, record
keeping, aUdits, and accident investigations. The operator shall continue to implement the
site's Respiratory Protection Program.
The operator shall adapt and apply the existing Altamont Landfill Emergency
Management Manual to the Class II Landfill Expansion. Topics to be addressed in the .
manual shall include, at minimum: 'fires, spills, releases, emissions, natural disasters
(storms, earthquakes, floods), and medical emergencies. The manual shall also specify
policies and procedures for emergency communications, organization, and employee
training regarding emergency response. The Altamont Landfill Emergency Management
Manual shall be reviewed by the LEA and the Alameda County Fire Department.
The .operator shall develop and maintain a low-flammability buffer zone or fire break
around the perimeter of the active working area to isolate the landfill from the
surrounding grasslands.
The Vector and Bird Control Plan for the Class' II Landfill Expansion shall be approved
by the LEA. Measures shall be implemented to discourage sea gulls and other pests,
18-B
Final Altamont Settlement - Exhibit
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including restricting the size of the working face to limit scavenging by effective
compaction and covering of the refuse, and preventing the accumulation of ponded.water.
If, in the judgment of the landfill management, excessive numbers of birds land at the
working face, noise-making shell~ can be fired from hand-held guns to disperse the birds.
The landfill operator shall insure periodic monitoring of the landfill for the presence of
vectors as determined by the LEA. The LEA should periodically monitor the landfill for
the presence of vectors. LEA inspections shall be documented in the operating record.
58.
The operator shall adapt and apply provisions of the Hazardous Waste Exclusion Plan
(HWEP) for the ALRRF to the wastes received at the Class II Landfill Expansion. The-
program shall include, at a minimum, training of personnel to recognize regulated
hazardous wastes, random inspection of incoming waste loads, inspection of all
suspicious loads, procedures for handling unauthorized hazardous wastes, procedures to
notify the proper authorities if hazardous wastes are discovered, and provisions for
documentation of inspections and record keeping. The HWEP for the Class II Landfill
Expansion shall be submitted to the LEA for approval.
59.
The operator shall have a load-check program, approved by the LEA as part of the Report
of Disposal Site of Information. Consistent with current operating practices, the ALRKF
shall not accept for disposal waste materials that do not comply With the hazardous waste
identification and acceptance control methods practiced by Sanitary Fill Company for
San Francisco and/or the methods practiced by WMAC at the Davis Street Transfer
Station, or other program that is equivalent or more effective in screening out hazardous
waste, as determined by the LEA.
TRAFFI C/CIRCULATI ON
60.
In cooperation with and under the supervision of the Alameda County Public Works
Agency and the City of Livermore, the operator shall pay a proportional share of the cost
of the following to help mitigate cumulative roadway capacity and level-of-service
impacts in the project study area:
(a)
Monitoring traffic levels of service at the following intersections at a frequency
determined by the County in consultation with the operator:
i)
During the AM peak hour at the intersections of Altamont Pass Road -
North FrOnt Road/North Greenville Road and 1-580 Westbound
Ramps/Grant Line Road;
ii)
During the AM and PM peak hours at the intersection of Grant Line Road
and Altamont Pass Road; and
iii)
During the PM'peak hour at the intersections of 1-580 Eastbound Ramps
and Grant Line Road, South Front Road/I-580 Eastbound Ramps North
Front Road/I-580 Westbound ramps, and Altamont Pass Road - North
Front Road/North Greenville Road.
19-B
Final Altamont Settlement - Exhibit B
5:2:'!
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61.
62.
¢)
Necessary improvements to roadway and intersection capacity sufficient to
mitigate project contributions to cumulative roadway capacity and level-of-
service impacts in the project study area.
The operator's payment toward the cost of the traffic impact monitoring and
improvements enumerated above shall be based upon the project's proportional share of
the total increase in traffic above existing levels at the enumerated intersections and on
Altamont Pass Road. The operator's proportional share shall be increased for the impacts
of larger vehicles, and shall be decreased for traffic for which the Alameda County Waste
Management Authority or other Alameda County agencies or jurisdictions have collected
a fee to be used at least in part for traffic mitigation.
In cooperation with and under the supervision of the Alameda County Public Works
Agency and the City of Livermore, the operator shall pay a proportional share of the cost
of the following to help mitigate additional project-related and cumUlative structural
section and roadway maintenance impacts in the project study area:
(a)
Necessary. safety, maintenance and structural improvements to roadway and
intersection sections to the extent needed to mitigate project contributions to
roadway deterioration and maintenance requirements in/he project study area;
(b)
Implementation of long-range Alameda County plans to resurface and reconstruct
affected portions of Altamont Pass Road to the extent, needed to mitigate project
impacts; and
(c)
Regular maintenance of the affected portion of Altamont Pass Road, including
application of sweeping, chip seal, repair of roadway shoulders, and maintenance
of proper roadway drainage.
The operator's payment toward the cost of the safety, maintenance and structural
improvements enumerated above shall be based upon the landfill's proportional share of
the overall impact to the roadway and structural degradation on the affected roadways.
The operatot:'s proportional share shall be increased to account for the impacts of larger
vehicles and shall be decreased for traffic for which the Alameda County Waste
Management Authority or other Alameda County agencies or jurisdictions have collected
a fee to be used in part fc~r roadway safety, maintenance and structural improvements.
The operator shall pay its proportional share of the costs of roadway maintenance and
structural section improvement projects as identified in the "Alameda County-Alameda
County Wast~ Management Authority-Oakland Scavenger/Waste Management of
Alameda County, Inc. Agreement for Roadway Improvements on Altamont Pass Road
from ISR 580 to Altamont Landfill and Its Vicinity." Alameda County recognizes that
the obligations of the operator and the definition of "proportional share" for the purposes
of mitigating impacts that have occurred and will continue to occur are defined in the
Agreement for Roadway Improvements. The project could result in additional traffic-
related impacts not contemplated in the Agreement for Roadway Improvements (January.,
1993). The parties to the Agreement for Roadway Improvements are expected to confer
20-B
Final Altamont Settlement - Exhibit B' "-
63.
64.
65.
56.
to determine whether a new or amended Agreement should be adopted which could
include changes in the definition(s) of "proportional share" or the obligations of the
operator and/or other parties to the Agreement with respect to mitigating impacts that will
occur following commencement of the project authorized by this Conditional Use Permit.
It is anticipated that the roadway improvements enumerated in Conditions Nos. 60 and 61
either are included in the Agreement for Roadway Improvements or will be included in a
new or amended Agreement.
The operator shall participate in and pay a proportional share of the cost for a study to be.
prepared by the Alameda County Public Works Agency. This planning study would
determine needed short-term and long-term safety, maintenance and other roadway
improvements (both local and regional)in affected areas; estimated costs (with rationale);
cost-sharing instruments; and payment schedules among contributors of impacts in
affected areas.
Within 180 days of the effective date of this permit, the operator shall enter into a
memorandum of understanding (MOU) with the Alameda County and ACWMA
to identify, specific projects for which the operator has obligations pursuant to
Conditions Nos. 60, 61 and 62, and to establish a funding mechanism for the
payment of the parties' proportional shares of those expenses enumerated in
COnditions Nos. 60, 61 and 62. Pursuant to the MOU, the parties shall ensure that
funds will be available for the County to draw upon, on an ongoing basis, as
needed to meet their obligations to pay their proportional share.
The operator shall pay the Tri-Valley Transportation Council Regional Traffic Impact
Fee if and when adopted and imposed for new development projects within' the region,
and/or a similar regional traffic fee imposed by Alameda County. The fee shall be
imposed in proportion to other projects under review and approval. If more than one
regional transportation fee is adopted, the operator shall not be required to pay more than
once for a single project.
The operator shall pay the Alameda County Cumulative Traffic Impact Mitigation Fees
per Ordinance 0-88-77 within 180 days of final adoption of this conditional use permit.
For the purposes of computing this fee, every large truck would count as the equivalent of
three (3) vehicles.
During the a.m. peak commute period (6:45 a.m. to 8:45 a.m.) there will be no more than
fifty (50) total refuse truck trips per. hour arriving at the landfill and during the p.m. peak
commute hour.(4:30 p.m. to 5:30 p.m.), there Mll be no more than ten (10) total refuse
truck trips arriving at the landfill.
The average weight of wastes delivered by truck for disposal will not be lesS than twenty
(20) tons per truck, exclusive of refuse trucks originating from the San Ramon Unit.
Beginning in 2002, as trucks in the Davis Street Transfer Station fleet are replaced, clean
air vehicles will be used for hauling wastes to the ALP, P,_F from the Davis Street Transfer
Station.
21-B
Final Altamont Settlement - Exhibit B
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68.
The operator shall take all necessary precautions to ensure that mud and other foreign
material are not tracked onto public roadways by vehicles using the facility. If the
applicant becomes aware that such material has been tracked onto public roadways, the
Public Works Agency; shall be expeditiously notified and the applicant shall be
responsible for the cost of any required clean-up.
AIR QUALITY
69.
The operator shall control fugitive dust in accordance with BAAQMD regulations as they
may apply to landfill operations~ Treated wastewater (leachate and condensate) shall be
used for control of dust resulting from the proposed project to the extent possible. Earth- ·
moving activities shall be accompanied by regular spraying with clean 'or reclaimed
wastewater to control dust. The operator shall pave refuse access haul roads outside of
active operation areas. Engineering controls shall be implemented by the operator, if
needed, tO control dust emissions. Such controls might include wind screens near the
unloading areas or the use of dust suppressants.
70.
The operator shall develop and implement a construction and operations dust mitigation
plan/program, in conjunction with the BAAQMD, that would achieve at a minimum a
dust control efficiency of about 75 percent. -Components of this plan shall include:
(a)
Minimize cell preparation activity to the extent feasible, i.e., restrict cell
construction activity to four (4) acres at any given time;
(b)
Water the construction site on a regular basis, depending on wind conditio.ns,
dryness of soil, and intensity of activity;
(c)
Restrict vehicles and equipment to compacted and watered surfaces to the extent
possible;
(d)
Use a chemical palliative (such as Dust Ban) or dust suppressant, if necessary, to
reduce fugitive dust emissions from vehicle travel surfaces. Some chemical
stabilizers can contain a considerable fraction of hydrocarbons, and shall be
selected judiciously. The choice of chemical palliative may be recommended by
the BAAQMD, and should be addressed through issuance of a Authority to
Construct/Permit to Operate;
(e) Increase the frequency of watering on dry windy days; and
(f) ', Limit vehicle speeds on unpaved roads to 15 mph.
7I.
The operator shall keep all operating equipment well-tuned and regularly serviced to
minimize exhaust emissions, and shall establish a regular and frequent check-up and
service/maintenance program for all operating equipment at the landfill. The operator
shall maintain construction equipment and associated pollution control equipment in an
operational and fully tuned manner.
22-B
Final Altamont Settlement - Exhibit B
72.
73.
74.
75.
xlOISE
The operator shall comply with Regulation 8, Rule 34 of the BAAQMD, regarding
control of NOx emissions from gas-powered turbines. The operator shall revise the
Landfill Gas Management Plan for Fill Area 1 to make it apply to the ALRRF Class II
Expansion area. The Plan shall include a system with which to detect and control
potentially volatile gases generated by the proposed project. The Plan shall serve to
prevent landfill gas hazards through gas collection and conversion to energy; detection of
gas migration and emissions; and documentation of the effectiveness of the system.
The operator shall use all reasonably collectable and deliverable landfill gas for the
production of electricity in an electrical generating facility which has a designed capacity
to handle the total estimated gas production of the disposal site and utilizes high
efficiency conversion equipment such as gas turbines.
The operator shall ensure optimal operations of the gas collection system with regular
maintenance and service, and with periodic monitoring as determined by the BAAQMD.
The Landfill Gas Collection System for the landfill expansion shall be constructed and
operated pursuant to BAAQMD permits. The operator shall implement Best Available
Control Technologies for Toxics (T-BACT) on applicable emission sources as required
by the BAAQMD.
Hazards associated with gas accumulation in on-site buildings shall be prevented by
regular monitoring of building air; proper ventilation, both within the buildings and under
the slabs; subgrade membranes; gas collection devices; and, spark-proof electrical
systems, as determined by the BAAQMD and LEA.' The landfill operator shall not
construct or otherwise locate any structure for occupancy in an area of known landfill gas
buildup.' The operator shall verify the absence of landfill gas buildup prior to any
construction activi.ty in ail &reis known to have the potential for gas accumulation (and
areas within 1,000 feet of the landfill footprint) and incorporate gas monitoring and
control measUres in the design of any structures that would be constructed in such areas.
All site personnel working in structures shall be trained in the purpose of the landfill gas
monitoring system and the proper response to an alarm.
Consistent with Section 17783(d) of the CCR Title 14, landfill gas monitoring and
control systems at the ALRRF shall be modified during the postclosure maintenance
period to reflect changing land uses adjacent to the site.
The operator shall control odors per CCR Title I4, Division 7, Chapter 3, Article 7.6,
17701 and 17713(refer to Table III.I-1 in Section III.I., Public Health and Safety, for
details). The Operator shall continue to conduct a monitoring program as required by
BAAQMD Peri'nit to ensure that there &re no major odor leaks to the atmosphere.
The. operator shall bury excessively odorous wastes immediately with other landfill
wastes, depending on their nature and source. The operator shall ensure that loading,
unloading, and material handling activities are carried out efficiently and without delays
to avoid excessive odors.
23-B
Final Altarnont Settlement - Exhibit B
80.
81.
82.
All intemal combustion engines on equipment used at the project site and for roadway
construction shall be equipped w/th mufflers equal to or better than that supplied by the
vehicle manufacturer. Ail equipment .shall be maintained in good mechanical condition
so as to minimize noise from faulty engines, drive trains, and other components. No
muffler or exhaust system shall be equipped with cutout, bypass, or similar devices
intended to thwart quieting.
The operator shall provide the option of retrofitting existing noise-sensitive land uses
along Altamont Pass Road to. reduce exterior noise levels to 45 dBA, Ldn. "Exterior
noise levels" means exterior noise as heard inside residences. This option shall apply at a
minimum to the two residences southwest of the landfill. The option might also apply to
the residence on Altamont Pass Road eHt of the landfill, or other noise-sensitive uses
along the road, if any (the potential impact would need to be calculated at those
locations). Exterior noise levels could be reduced by double-panning windows and
adding sound insulation on walls facing the roads. The homes shall be retrofitted prior to
the commencement of filling operations in the Class II Landfill Expansion Area.
When conducting 'design review for future noise-sensitive land uses along Altamont Pass
Road (as is required for proposed development in Agricultural zoning districts), Alameda
County P. Iarming Department staff shall consider the potential noise exposure from
landfill activities, and require site and/or building design features to keep noise at
acceptable levels.
CONDITIONS GENERALLY APPLICABLE TO THE OPERATION OF THE ALRRF
83.
Before June 30, 2000, the operator shall submit for Planning Department review a
detailed draft Mitigation Monitoring and Reporting Program (MMRP) for monitoring and
enforcement of the impact mitigation measures and conditions of approval for the project
as directed in the Mitigation Monitoring Program adopted for this Conditional Use
Permit. Prior to implementation of any mitigation measures, a final program shall be
submitted ['or review and adoption by the Planning Department on or before September
30, 2000.
An annual progress report shall be submitted to the Planning Director and LEA for
concurrent review at the beginning of each calendar year. The operator shall respond to
and report on the status of each condition of this permit.
The MMRP shall require that the operator pay to Alameda County full costs incurred for
review, approval, administration, monitoring and inspection of ali programs. This
amount does not include routine costs of the LEA program or programs mandated by
other, responsible agencies. A minimum amount of $10,000 shall be deposited and
maintained at that level, in trust, to the Treasurer, Alameda County, for MMRP review
and related monitoring costs.
24-B
Final Altamont Settlement - Exhibit B
84.
85.
The Planning Department may use its employees, employees of the Planning Department,
other agencies or private consultants, as needed, to conduct such reviews, inspections and
administration to ensure satisfactory implementation and enforcement of these measures
and may include hiring additional personnel on a part-time or full-time basis. When
required by the Planning Department, the operator shall post an additional cash deposit,
as determined to be necessary, to' cover estimated costs to satisfy this requirement.
A Notice of Acceptance of the ALRR~ Closure Plan and Postclosure Maintenance Plan
approved by the California Integrated Waste Management Board and LEA shall be
submitted to the Planning Department for review prior to initiation of facility closure.
A copy of the evidence of financial ability, approved by the California Integrated Waste
Management Board and LEA, to provide for the cost of closure and postclosure
maintenance, in an amount equal to the estimated cost of closure 'and 30 years of
postclosure maintenance, contained in the closure plan and the postclosure maintenance
plan, shall be submitted to the Planning Department.
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86.
The operator shall hold harmless and indemnify the County of Alameda against liability
for personal injury or property damage caused by or resulting from acts or omissions by
the operator, its agents, officers or employees in conducting this landfill operation. The
operator shall agree to defend, at their sole expense, any action brought against the
County, its agents, officers or employees, because of the issuance or operation of this
permit. The operator shall reimburse the County, its agents, officers or employees for
any court costs and attorney's fees which the County, its agents, officers or employees,
may be required by a court to pay as a result of such action. The County may, at its sole
discretion and expense, participate in the defense of any such action, but such
participation shall not relieve the operator of the obligations under this condition.
The County will cooperate, to the maximum extent practicable, with the operator in the
defense of any such action and may, at its sole discretion and expense, participate in the
defense, but such participation will not relieve the operator of their obligations under this
condition. The operator may request revocation of this permit to minimize the
obligations under this condition and the County. shall respond as expeditiously as Possible
and, to the maximum extent practicable.
87.
If problems develop regarding landfill operation or restoration, as the LEA may
determine based on results of inspections or complaints, the operator shall take corrective
action with all due haste, in good faith, consistent with solutions approved by the LEA,
who shall consult with affected persons and agencies, including the LEA, in determining
appropriate solutions.
If any problems develop regarding slope stability, erosion control, surface water or
related matters, as may be determined by the Director of Public Works, the operator shall
engage an 'engineering geologist to .prepare an investigation detailing the problem and
possible solutions in a timely manner. The operator shall implement solutions as
approved by the Director'of Public Works.
25-B
Final Altamont Settlement - Exhibit B
89.
90.
91.
92.
There shall be no assignment, trade, sale, or any other creation of an interest by San
Francisco solid waste exporters in their capacity at the Altamont Landfill to any other
public agency or private party.
Prohibition on Rail Haul. The operation of the ALRRF shall not include any delivery of
waste to the ALRRF by railroad.
Prohibition on Soil Mining. The operator shall not engage in the mining of soil on the
ALRRF for sale or export outside the ALRRF site (including any such mining for sale or
export that requires a surface mining permit).
Five Year permit compliance Reviews. Consistent with applicable provisions of the
Alameda County Code, the County shall conduct a permit compliance review every five
years to determine the compliance of the ALRRF with the provisions of this permit. The
permit compliance reviews shall not include reconsideration or re-evaluation of the terms
and conditions of this permit.
92.1
Notice and Hearing. The County shall provide ninety (90) day advance written
notice to each of the Parties of any public hearings (the "Compliance Review
Hearings') held by the County in conjunction with the County's Compliance
review of the New Permit (the "Five Year Compliance Review"). The Planning
Commission shall hear the Compliance Review Hearings. At least one Review
Hearing for each Five Year Compliance Review shall take place in the evening in
Livermore. The County shall publish notices of all Compliance Review Hearings
at least 60 days prior'to the earliest such hearing in major newspapers of general
circulation in the County, including the Tri-Valley Herald, the Independent and
the Valley Times. The operator's submittals and the relevant County staff reports
that are intended to be considered at any Compliance Review Hearing shall be
made available to the general public, and copies shall be provided to the cities of
Livermore and Pleasanton, and representatives of the Sierra.Club, the Northern
California Recycling Association and Altamont Landowners Against Rural
Mismanagement, or their designated representatives, at least forty-five (45) days
prior to the public hearing. Any follow-up documentation, such as. a response to
or clarification of a public comment, shall be made available to the general public
-upon submittal to the County, or if prepared by the County, upon submittal to the
Planning Commission. The County shall make copies of all such written
materials publicly available at one or more locations in Livermore and in the Ci~
of Oakland.
92.2
Operator Submissions. In connection with each Five Year Compliance Review,
the operator shall submit to the County (i) comprehensive information on the
record of ALRR.F's compliance with the terms and conditions of this permit, (ii)
current data and information included in the required reports made pursuant to the
California Integrated Waste Management Act, Public Resources Code Sections
40050 et. seq., in connection with review of the Solid Waste Facilities Permit for
ALKRF, (iii) current data and information inclUded in the required reports made
to'the RWQCB in connection with review of ~vaste discharge requirements, (iv)
26-B
Final Altamont Settlement - Exhibit B
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93.
current data and information included in the ·most recent existing air quality report'
and related monitoring reports for ALRRF.
92.3
Possible CEQA Review Due to Substantial Noncompliance. In the event the
Board finds that there has been substantial noncompliance by the operator with
any of the permit conditions during the five-year period under review, the County
may, in addition to any other recourse the County may have, and provided that
such action is allowed pursuant to Public ReSources Code section 21166 and
sections 15162 through 15164 of the CEQA Guidelines or any other applicable
provisions of CEQA, require CEQA review of the' non-complying operations
prior to any approval of the continuation of such activities.
92.4 '
Possible CEQA Review Due to Substantial Changes or Significant New
Information. Consistent with the provisions of CEQA, including Public
Resources Code section 21166 and sections 15162 through 15164 of the CEQA
Guidelines, the CoUnty shall require additional CEQA review if, and to the extent,
the County finds, based on substantial evidence, that further CEQA review is
required pursuant to the terms of Public Resources Code section 21166, and
sections 15162 through 15164 of the CEQA Guidelines or any other applicable
provisions of CEQA.
Augmented Board of Supervisors Permit Compliance Review Prior to Mid-Capacity
Buildout Point. During that Five Year Compliance Review which is closest in time but
prior to that date which the operator projects that fifty percent (50%) of the total
approved capacity of the ALRR_F expansion will be filled (the "Mid-Capacity
Compliance Review"), the County shall conduct a more intensive review of ALRRF's
compliance with this permit and based solely on that permit compliance review shall
specifically review whether the operator should be allowed to continue operation of the
ALRRF and fill the remaining fifty percent (50%)of the total approved capacity of
ALRRF. In addition to the requirements for Five Year Reviews set forth in Condition
No. 92 above, during the Mid-Capacity Review, the Board of Supervisors shall determine
whether ALRRF may continue operations after fifty percent (50%) of ALRRF's total
approved capacity has been filled based solely upon its determination that the following
conditions have been met:
(a)
the operator has requested continued operation of ALRR_F;
(b) ALRRF is in compliance with all the conditions of this permit; and
(c)
there is a demonstrated need for continued operation of the .ALRRF based upon
consideration of the availability of other technologies or programs for source
reduction, reuse or recycling, existing or projected contracts or franchise
ag'reements for disposal of solid waste at the ALRRF, and the existence of a
market for solid waste disposal in the area, provided that this Mid-Capacity
Compliance Review may not base any need finding upon.the availability of space
at any other solid waste landfills that do or could compete with the ALRRF.
27,B
Final Altamont Settlement - Exhibit B
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94.
95.
96.
97.
Prior to any determination by the Board regarding t. he conditions described above, the
Board shall hear and consider the recommendations made by the Planning Commission
regarding appropriate findings for the conditions. The County shall hold at least one
Review Hearing in connection with the Mid-Capacity Review and the necessary findings
in Livermore.
At the same time that the Planning Commission and the Board consider the
determinations set forth above, but not as a condition to continued operation of the
ALRKF, the Planning Commission and the Board shall also consider whether the County
should take, or recommend to other agencies or parties, any further actions to 'encourage
or establish other technologies or programs for source reduction, reuse, and recycling.
Insurance for Environmental Damage. The operator currently carries insurance related to
environmental impairment, corrective action for landfill releases, and landfill closure and
post-closure costs in the amounts described in the certificates attached hereto as Exhibit
"3." The operator shall continue to maintain insurance at the same coverage, and at any
higher coverage required by applicable law and regulation, during the operation of
ALRRF and, as required by applicable law and regulation, during the closure and post-
closure periods.
Liner Technology Requirements. At the time each new ceil within ALRRF is built, the
operator shall comply with the existing then current regulatory requirements for the best
available liner technology.
Davis Street Organics for.Compost. The operator shall make available, for purchase at a
reasonable price and use as compost material, organic material that is received at the
Davis Street Transfer Station operated by the operator.
Monthly Reporting Protocols
97.1
Solid Waste Disposal. The operator shall prepare and deliver to the County and
to the Community Monitor monthly reports specifying the quantity, point of
origin and material types of all solid waste disposed at ALRRF, including,
without limitation, sludge, inert wastes and special wastes.
97.2
Alternate Daily Cover. The operator shall prepare and deliver to the County and
to the Community Monitor monthly reports setting the forth the materials
received at ALRRZ for use as alternative daily cover as allowed pursuant to State
of Califomia regulations governing such alternative daily cover, and such reports
shall specify, the type, source and quantity of the alternative daily cover materials
received.
97.3
Standardized Truck Counts. The operator shall implement a standard means of
counting ali truck trips to the landfill each day, including separate counts of
transfer tracks and counts of trucks other than transfer trucks. These daily truck
trip counts shall be compiled into monthly reports to be delivered to the County
and to the Community Monitor.
28-B
Final Altamont Settlement - Exhibit B
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98.
99:
100.
101.
102.
Limiting Use of Highway 84. The operator shall limit the use of that portion of State
Highway 84 between Interstate 680 and Interstate 580 so that trucks which haul solid
waste or other material to the ALR.RF and which are subject to the operator's routing
control shall not use that portion of State Highway 84. This provision shall not apply to
trucks collecting solid waste or other material from local areas served by this portion of
Highway 84. It is acknowledged that the operator does not have routing control over
self-haul trucks.
City of Livermore Traffic Impact Fee. The operator will pay the City of Livermore
Traffic Impact Fee per Chapter 12.30 of the Liverrnore Municipal Code within 30 days
after the newly developed expansion landfill area first receives waste for disposal. For
the purposes of computing this fee, (a) every large truck will count as the equivalent of
three vehicles, (b) theproject will be assumed to generate 50 additional truck trips during
the peak hour, and (c) the payment will be based upon the per trip fee in effect at the time
the payment is made. The operator shall not be required to pay more than once for any
roadway improvement within the City of Livermore. Accordingly, the operator will be
given a credit or refund for any portion of the City of Livermore Traffic Impact Fee for
which the' City of Livermore receives payment or in kind services for roadway
improvements within the City, which are paid by the operator directly or through other
fees imposed~ by this permit (including the Alameda County Cumulative Traffic
Mitigation Fee or the Alameda County Public Works Traffic Impact Fee or pursuant to
any other condition of this permit).
Distribution of Litter Control Literature. On an ongoing basis, ALRRF shall distribute
informational flyers regarding litter control to customers as a reminder of the ALRRF's
obligation to the environment and community. ALRR_F shall also fund litter control on
an additional portion of Interstate 580 in the vicinity of the landfill through the "Adopt a
Highway" Program.
RWQCB Concurrence Regarding Bethany Reservoir. The operator shall request that the
RWQCB's review of the landfill expansion include that Board's concurrence that
ALRRF is designed to ensure that there is no drainage of landfill leachate to the Bethany
Reservoir.
County Fees.
1'02.1
The operator shall pay the following fees on all solid waste deposited at the
ALRRF to the Planning Department to help cover the Department's costs in
administering its Waste Management Program:
102.1.1.
$.0075 per ton to pay for that proportion of the Planning
Department's Waste Management Program attributable to the
project. Collection of this existing fee shall continue except as
provided below., In approximately one year from the effective date
of this permit, the Planning Department will decide whether this fee
should continue to be collected considering whether the same fee
has been retroactively applied to the Vasco Road Sanitary Landfill
29-B
Final Altamont Settlement - Exhibit B
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102.2
02.3
102.4
through its Conditional Use Permit. No public hearing will be
required for this decision..
102.1.2.
$0.01 per ton to pay that proportion of the Planning Department's
Transportation Planning & Management Program attributable to
the project. Payment shall begin concurrently with Planning
Department action on the Conditional Use Permit for the Vasco
Road Sanitary Landfill.
The fees required by Conditions 102.1.1 and 102.1.2 shall be paid into a
designated account on either a monthly or quarterly basis. The tonnage on which
these fees are based shall be the total tonnage of solid waste deposited at the
ALRKF during the previous quarter. The amount of surcharge Shall be adjusted
annually to account for inflation, in a proportion equal to the Manufacturing
Index Value in the Engineering News Record.
The operator shall pay twenty-five cents ($0.25) per ton as a host community fee
for all solid waste disposed at the ALRRF during current operations and the
expansion authorized by this permit. This fee shall be collected on every ton of
waste disposed at the ALRILF throughout the life of the landfill facility.
Beginning in January 2001, and each January thereafter, this fee shall be adjusted
to reflect the change in the Consumer Price Index (CPI) for the most recent 12
month period for all urban consumer items in San Francisco, Oakland and San
Jose as published by the U.S. Department of Labor Bureau of Labor Statistics.
The operator shall pay an additional one dollar ($1.00) per ton as an additional
host community fee for ali solid w~ste' disposed at the ALRRF during current
operations and the expansion authorized by this permit. This fee shall be
collected on every ton of waste disposed at the ALRR.F beginning immediately
and continuing throughout the life of the landfill facility. Beginning in January
2001, and each January thereafter, this fee shall be adjusted to reflect the change
in the Consumer Price Index (CPI) for the most recent 12 month period for all
urban consumer items in San Francisco, Oakland and San Jose as published by the
U.S. Department of Labor 'Bureau of Labor Statistics. For the adjustment in
January 2001, the fee shall be adjusted to reflect the change in the aforementioned
CPI dating back to the effective date of this permit.
With respect to non-franchise waste disposed at the ALRRF, the fees imposed
pursuant to Conditions No. 102.2 and 102.3 shall, be collected by the operator at
the time of waste disposal. The fees payable for non-franchise waste deposited
during each calendar quarter shall be paid to the County within 30 days following
the close of each calendar quarter. With respect to franchise solid waste disposed
at the ALRRF:
(a)
the fees imposed pursuant to Condition No. 102.2 shall be collected by the
operator at the same time that regular franchise disposal fees are paid for
the solid waste disposed at the ALRRF, and the fees payable for waste
30-B
Final Altamont Settlement - Exhibit B
102.5
deposited during each calendar quarter shall be paid to the County within
30 days following the close of'each calendar quarter, regardless whether
the fees imposed in Condition No. 102.2 have been collected by the
operator; and
(b)
the fees imposed pursuant to Condition No. 102.3 shall be collected by the
operator and payable at the time and only to the extent that these fees are
included in the franchise rate base for solid waste. As the fees imposed
pursuant to Condition No. 102.3 are included in the franchise rate base for
solid waste, ,such fees shall be collected by the operator at the same time
that regular franchise disposal fees are paid for the solid waste disposed at
the ALRRF, and the fees payable for waste deposited during each calendar
quarter shall be paid to the County within 30 days following the close of
each calendar quarter regardless of whether the fees imposed in Condition
No. 102.3 have been collected by the operator (but provided such fees are
only payable when and to the extent the operator and the party paying the
fee have agreed that the fees are included in the franchise rate base).
The operator shall take all actions necessary to ensure that these fees are included
in the franchise rate base for each franchisor or each jurisdiction which disposes
of franchise solid waste at the ALRJLF at the earliest possible date allowable
under each franchise agreemen.t or other agreement providing for disposal o f
franchise solid waste at the ALRRF. If any franchisor or other party to such an
agreement fails to take diligent steps to include these fees in the franchise rate
base, the operator, at its expense, shall initiate and diligently pursue litigation no
later than twelve (12) months following the effective date of this permit to enforce
payment of the fees, including recovery of all unpaid fees retroactive to the
effective date of this permit; the County shall join as a co-plaintiff in any such
action. The operator shall report to the Board of Supervisors .and to the County
Counsel regarding collection and payment of these fees bimonthly for twelve (12)
months following the effective date of this permit, and annually thereafter. The
operator shall not enter into any new or amended franchise agreement or other
agreement providing for disposal of franchise solid waste at the ALRRF, or
extend an existing agreement, if the new or amended agreement or extension
omits the fees set forth in Conditions No. 102:2 and 102.3. In the event that these
fees are judicially determined in whole or in part to be unenforceable against a
franchisor, the operator shall cooperate with the County in any modification of
these fees necessary to make them enforceable.
The fees imposed by Conditions No 102.2 and 102.3 shall be distributed as
provided in the Settlement Agreement Between and Among the County of
Alameda, the City of Livermore, the City of Pleasanton, Sierra Club, Northern
California Recycling Association Altamont Landowners Against Rural
Mismanagement, and Waste Management of Alameda County, Inc.
3 I-B
Final Altamont Settlement - Exhibit B
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103.
104.
105.
102.6
Following each calendar quarter, the operator shall submit to the County a report
specifying the amount of fees paid during such calendar quarter by the operator,
including the fees specified in Conditions No. 102.2 and 102.3.
Expiration of this Conditional Use Permit shall coincide with facility closure and thirty-
year postclosure maintenance and monitoring requirements as established under CCR
Title 23 (Subtitle D) or other successor regulations.
Pursuant to Section 17.52.050 of the Alameda County Zoning Ordinance this Conditional
Use Permit shall be implemented according to the schedule described in the project's
description. If the project is not substantially implemented within a term of three (3)
years following the aforementioned schedule, it shall be of no force or effect~
This Conditional Use Permit shall remain revocable for cause in accordance with Section
17.54.030 of the Alameda County Zoning Ordinance.
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32-B
Final Altarnont Settlement - Exhibit B
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GOUNTY OF ALAMEDA
'EAST COUNTY AREA PLAN
city Limits &
Spheres of
Influence
! ii i
LEGEND
[~ City of Dubin .Gphere of Influence (SOl)
~'City o! I~.asanto. SOl
~ City of Uvermo~e SOl
[--.'-.'-.'-.'-.'-.~ Incoqx)rated Cities
(pori
Union City
, I
,,-1 -
EXHIBIT C
MAP DEPICTING AREA
FOR EXPENDITURE OF OPEN
SPACE ACCOUNT
o sore lOeOO ISOOQ 20000 feet "FIG. 1
o t 2 ~ ~
CITY
Fi'e # i--Il II
CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 5, 1999
SUBJECT:
Altamont Landfill Settlement Agreement
Report Prepared by: Elizabeth Silver, City Attorney
ATTACHMENTS:
1. Settlement Agreement
RECOMMENDATION:
Provide direction to staff on whether to monitor and participate in
the Altamont Landfill CUP process.
FINANCIAL STATEMENT:
DESCRIPTION:
1996 Use Permit and Lawsuits Challenging It
In 1996 Alameda County approved a conditional use permit ("CUP") for Waste Management to expand
the Altamont Landfill by an additional 80 million tons. The CUP required Waste Management to pay on
Open space fee of $0.25 per ton. The City of Livermore, the City of Pleasanton, the Sierra Club and
several recycling groups filed lawsuits challenging the adequacy of the environmental review for the
CUP. The Superior Court found that the EIR did not comply with CEQA. The County was ordered to
invalidate the CUP° Waste Management has appealed the Superior Court's decision.
Following the Superior Court's decision, the parties to the lawsuit engaged in settlement discussions. A
settlement agreement has been reached between the parties to the lawsuits; all parties to the settlement
agreement have approved the settlement agreement.
Terms of Settlement Agreement
The settlement agreement describes the conditions to be included in an amended CUP for the Landfill
which will be processed through the County. The main provisions to be included in the amended CUP are
as follows:
COPIES TO:
H/cc-forms/agdastmt.doc ATTACHMENT 3
1o The permit will allow an additional 40 million tons of waste, rather than 80 million tons as
provided in the 1996 permit.
.
per day).
There will be an annual limit on the amount of waste of 1.6 million tons a year (7,000 tons
3. The Landfill will accept waste from Alameda and San Francisco Counties and from the
City of San Ramon.
4. Waste Management will pay for a "Community Monitor to provide an independent review
of the company's compliance with the CUP conditions.
5. Periodic compliance reviews will be conducted and Livermore and Pleasanton will have
the right to enforce the terms of the CUP.
6. There will be three fees on users of the Landfill. Waste Management will be required to
include these fees in th9 franchise fee rate base with the jurisdictions served by Waste Management. The
fees are as follows:
A. An Open Space Fee of $0.50 per ton. This $0.50 fee is in addition to the $0.25 per
ton open space fee previously imposed by the County resulting in open space fees totaling $0.75. These
fees will be placed in an "Open Space Account to be spent on acquisition of open space (by fee or
easement); 80% of the open space shall be acquired in the Livermore area (generally east of a line defined
by Doolan Canyon and Ruby Hill) and 20% shall be acquired in the area west of that line. The agreement
calls for an "Advisory Committee, consisting of appointees by the County, Livermore, Pleasanton and the
Sierra Club, to make a list of properties to acquire. All expenditures must be approved by the Board of
Supervisors, the Sierra Club and, in addition, by Livermore for the eastern area and by Pleasanton for the
western area.
B. A Host Community Impact Fee of $0.25 per ton. The first $10,000,000 of these
fees will be used for the planning and development of a performing arts center in Livermore. Revenues
derived from this Fee in excess of $10,000,000 will be used as determined by the Board of Supervisors,
based on Livermore's recommendation, for improvements and programs to benefit the City of Livermore
and the surrounding community.
C. An Education Fee of $0.25 per ton. These fees will be used for diversion
education, job training in the field of waste diversion and recycling and mitigating the impacts of the
Landfill on the affected neighboring community.
7. Waste Management will pay the City of Livermore Traffic Impact Fee.
Process to Approve New Use Permit
The Settlement Agreement includes the conditions which Waste Management, the County,
Livermore, Pleasanton and the other litigants have agreed should be included in the new CUP. However,
Waste Management must now apply for a new CUP and the Board of Supervisors will process the
application. It is anticipated that Waste Management will apply for a new permit within a month. The ·
County will need to do environmental review before the use permit can be considered.
J Thd City of Dublin isnot the only city that will be impacted by the Potential fee increases. Any
city that dumps at the Altamont Landfill will be affected. There are seven cities in Alameda County which
currently use the Altamont landfill for their solid waste disposal. They are Dublin, Albany, Emeryville,
Oakland, San Leandro, Hayward, and Piedmont. Once an application for a new CUP is filed, all cities,
including the public will be able to comment on the proposed environmental document as well as the
proposed conditions of the CUP. The City of Dublin may wish to join these cities in actively participating
in the CUP process.
If a new CUP is issued with the conditions described in the settlement agreement, Waste
Management will dismiss its appeal and Livermore, Pleasanton and the other plaintiffs will file a
document with the Superior Court indicating their satisfaction with the County's actions. That will end
the litigation.
If a new CUP is issued but the conditions are different from those described in the settlement
agreement, Livermore, Pleasanton and the other plaintiffs are free to raise objections and to oppose all
approvals related to the Landfill expansion.
Potential Increase in Refuse Rates
Waste Management has the franchise in Dublin for refuse collection and Dublin's waste goes to
the Altamont Landfill. If a new CUP is approved with the conditions included in the settlement
agreement, Waste Management will be required to seek a rate increase to pass the cost of the increased
fees on to the ratepayers. Staff will need to analyze the existing franchise agreement at that time to
determine if Waste Management is entitled to a rate increase as a consequence of such fees.
Staff anticipates that if the County fees of $1.00 per ton applies to the City of Dublin, an additional
$34,800 would need to be generated by Dublin's rate payers.
Staff recommends that the Council provide direction to staff on whether to monitor and participate
in the Altamont Landfill CUP process.