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HomeMy WebLinkAboutItem 4.08 Amend Solid Waste Mgmt Plan (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 24, 1992 SUBJECT: Approval of Amendment to County Solid Waste Management Plan - Importation of Contra Costa County Waste to Altamont Landfill DM ,(Prepared by: Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED: Exhibit 1 : Proposed Resolution Approving Amendment Exhibit 2: Letter dated January 23, 1992 from Thomas Martinsen, Executive Director, Waste Management Authority Exhibit 3 : Summary of Proposed Plan Amendment RECOMMENDATION: Adopt Resolution. FINANCIAL STATEMENT: No impact directly to the City of Dublin. Alameda County Waste Management Authority will administer Mitigation Fees collected. DESCRIPTION: The Alameda County Waste Management Authority (ACWMA) along with the - County Planning Department have processed a request by Contra Costa County to import garbage to the Altamont Landfill. This action requires that the current Alameda County Solid Waste Management Plan be amended. The item has been considered and approved by the County Zoning Administrator and the Waste Management Authority Board of Directors. In accordance with State Law, the amendment must also be approved by the Board of Supervisors and a majority of the cities containing a majority of the population. Contra Costa County is seeking interim landfill capacity until new landfills being developed in Contra Costa County become operational. The Alameda County Zoning Administrator considered and certified an Environmental Impact Report on the proposed amendment. The volume of garbage covered by the import agreement is estimated to reduce the Alameda County permitted landfill capacity by approximately six months. A complete summary of the amendment is also attached for your review. (Exhibit 3) The proposed means used to mitigate the impacts of allowing the importation of Contra Costa County Waste involve various mitigation fees and conditions which are being placed on the applicant. Based on economic studies, the Authority has calculated a per ton fee which is estimated to be sufficient to develop additional replacement landfill capacity. They have also imposed a $1 .50 per ton fee for environmental liability which would be reserved by the Authority for this purpose. Specific lump sum roadway mitigation fees are required to be paid to agencies which have roadways in their jurisdiction, which will be impacted (Alameda County/City of Livermore) . The conditions of approval also place certain operational requirements on Contra Costa County to encourage the reduction of waste and termination of the waste export at the earliest possible date. Mayor Snyder serves on the Waste Management Authority Board and may also be able to answer questions or provide additional input on the proposed amendment. Pursuant to the request by the Waste Management Authority, Staff has prepared a resolution approving the amendment. Staff recommends that the City Council adopt the resolution contained as Exhibit 1 . a:224wast.agenda#8 ---------------------------------------------------------------------- COPIES TO: ITEM NO. CITY CLERK FILE 181 / 0 M I RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************************** APPROVING AN AMENDMENT TO THE ALAMEDA COUNTY SOLID WASTE MANAGEMENT PLAN (CONTRA COSTA IMPORTATION TO ALTAMONT LANDFILL) WHEREAS, Oakland Scavenger Company has requested to amend the Alameda County Solid Waste Management Plan (CoSWMP) to provide for disposal of Contra Costa County solid waste at Altamont Landfill, to begin upon expiration of the current import agreement approved July 19, 1989; and WHEREAS, the Alameda County Zoning Administrator on December 18, 1991 , considered and certified an Environmental Impact Report [SCH#910230171 for said project and approved Conditional Use Permit #C-5825 for Altamont Landfill to provide for said project; and WHEREAS, the Alameda County Waste Management Authority on December 18, 1991 , approved Resolution No. 179, attached hereto as Exhibit A and by reference made a part hereof; and WHEREAS, Exhibit A contains a CoSWMP amendment to provide for said project; and WHEREAS, the EIR identifies a reduction in landfill capacity as the only significant environmental impact and further identifies a combination of mitigation measures to reduce said impact to a level of insignificance, these measures being also specified in Exhibit A; and WHEREAS, Exhibit A states that_. the Authority considered the EIR and _ included EIR .mitigation measures In the-, CoSWMP amendment, -thereby reducing environmental impacts to a level of insignificance; and WHEREAS, the Authority has referred the proposed CoSWMP amendment to the member agencies for adoption. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin did consider the project EIR and finds that mitigation measures are incorporated into the proposed project to reduce all environmental impacts to a level of insignificance; and BE IT FURTHER RESOLVED that the City of Dublin hereby adopts and approves the CoSWMP amendment contained in Exhibit A. PASSED, APPROVED AND ADOPTED -this 24th day of February, 1992 . AYES : NOES : ABSENT: Mayor ATTEST: City Clerk a:resowast.agenda#8 EAHIBI-IF �-. ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY RESOLUTION NO. 179 AT THE MEETING OF DECEMBER 18, 1991 CONTRA COST COUNTY WASTE IMPORT PLAN AMENDMENT MOVED BY RERR SECONDED BY RING WHEREAS this Authority [ACWMA] has adopted a County Solid Waste Management Plan [CoSWMP] , dated July 29 , 1987 , and most recently amended July 19, 1989; and WHEREAS the former California Waste Management Board approved said CoSWMP and all adopted revisions; and - WHEREAS California Public Resources Code §50000 et seq. requires that facilities continue to conform with a CoSWMP, until a Countywide Integrated Waste Management Plan [CIWMP] is approved by the new California Integrated Waste Management Board [CIWMB] ; and WHEREAS said Alameda County CIWMP has not yet been adopted and is not required to be adopted and submitted to the CIWMB for approval until January 1, 1994; and WHEREAS Oakland Scavenger' dompany` •[oSCj' has requested an Amendment -to the COSWMP to permit import and disposal of municipal solid waste from Contra Costa County at Altamont Sanitary Landfill over a two-year period to begin at the conclusion of the existing Contra Costa County importation undertaken pursuant to ACWMA Resolution No. 33 [1989] ; and WHEREAS OSC also applied for Alameda County Conditional Use Permit No. C-5825 for Altamont Sanitary landfill , to provide for the same import and disposal of Contra Costa waste as contained in the proposed CoSWMP Amendment; and WHEREAS the Alameda County Zoning Administrator, as Lead Agency, held a duly noticed public hearing September 4 , 1991 . and continued to subsequent meetings until the meeting of December 18 , 1991, to consider the proposed project and proposed project Environmental Impact Report; and WHEREAS the Alameda County Zoning Administrator did consider and certify the Environmental Impact Report [EIR] [SCH#91023017] dated December 18, 1991 for said project; and 1 - I V WHEREAS said EIR identifies a reduction in Alameda County landfill disposal capacity as the only significant environmental impact; and WHEREAS. said EIR finds that a combination of mitigation measures would reduce the above impact to a level of insignificance; said measures being [1] the cessation of import from Contra Costa at the earliest possible date after the opening of a landfill in Contra Costa, [2] payment of a per ton mitigation fee on the waste imported from Contra Costa to fund (a) the development by Alameda county of additional waste disposal capacity and/or (b) increased diversion of Alameda County waste through programs such as source reduction, recycling and education, [3 ] disposal of Contra Costa County waste at landfills in other counties, [4] increased diversion of waste in Contra Costa by programs such as recycling and source reduction, and [5] provision of reciprocal capacity for Alameda County waste at future landfills in Contra Costa County; and WHEREAS said EIR evaluates alternatives to the project including [1] no project, [2] continued import beyond two years , [3 ] reduced tonnage, [4] use' of another landfill, and [5] baling of wastes at the Acme Transfer Station prior to delivering them to Altamont Sanitary Landfill; and WHEREAS each of these alternatives either generated __.. environmental impacts as significant or greater than the proposed mitigation measures and7br were not feasible and/or did not achieve the project objectives; and WHEREAS this ACWMA held a duly noticed public hearing on September 25, 1991 and continued at subsequent meetings to December 18 , 1991 , to consider said Environmental Impact Report and proposed CoSWMP Plan Amendment, at which time all interested parties were heard; NOW THEREFORE, BE IT RESOLVED that an Environmental Impact Report for the proposed project was prepared and certified by the Alameda County Zoning Administrator, December 18, 1991, in accord with the California Environmental Quality Act [CEQA] and State and local EIR Guidelines, and this ACWMA, as a responsible agency, has considered said document in conjunction with the proposed plan amendment;. and BE IT FURTHER RESOLVED that this ACWMA herein adopts a combination of the mitigation measures identified above to avoid the significant impact of the project on disposal capacity in this county. Specifically: [1] Early cessation of import is provided under Condition No. 7 , which requires resolution of litigation against new landfills in Contra Costa County and reduces the term of the agreement to 6 months if the litigation is not settled prior 2 to the start of import under this plan amendment; Condition No. 41 which limits minimum daily tonnage requirements and requires payment of liquidated damages if import continues after landfill capacity is available in Contra Costa County; and Condition No. 9 , which increases the mitigation fee from $10.30 per ton to $15. 00 per ton after April 1, 1992 and provides that, if import ceases early, a portion of the advance lump sum payment is reduced; [2] A per ton mitigation fee and expenditure plan to replace lost landfill capacity is required under Condition 9(a) ; $8.70 of the initial $10 . 30 fee being the value of lost capacity based on an analyses of landfill valuation conducted by N.E.R.A. consultants for this project; [3 ] Disposal at landfills in other counties is part of the project background description and would not require a mitigation measure: Contra Costa has secured an agreement to dispose the maximum permitted tonnage at landfills in Solano County. Continued use of such capacity is assured by the higher mitigation fees and other requirements imposed on wastes disposed in Alameda County by the ACWMA under this Plan Amendment. The original proposal by OSC to accept up to 5071000 tons per year from Contra Costa County is, reduced, under Conditions No. 2 and No. 4 to 445,000 tons per year by excluding waste from west Contra Costa County, which has been determined to have adequate short-term capacity at the Richmond Landfill; - [4] Increased diversion of waste in Contra Costa is provided under Condition No. 6 which requires establishment of certain recycling programs and sets a waste diversion performance standard equal to that of Alameda County; [5] Reciprocal capacity is identified in the EIR as an alternative to a per ton mitigation fee. However, the EIR states that reciprocity would not fully mitigate the project impact because it does not provide in-county replacement capacity and is less certain; nevertheless, Condition No.' 8 does require Contra Costa County to provide reciprocal capacity under emergency-circumstances, without a reduction in the per ton mitigation fee; BE IT FURTHER RESOLVED that this ACWMA does approve said amendment to the Alameda County CoSWMP as follows: r/ 4�y 3 = CoSWMP Plan Amendment 1. This resolution shall be included in its entirety in Appendix H, "Selected Alameda County Solid Waste Management Authority Resolutions" 2. Changes to CoSWMP Chapter II "Objectives and Policies" Amend Policy 3 (c) , page II-8, to add the following underlined language: This Plan provides for importation of municipal solid waste from Contra Costa County for two years on an emergency basis, pursuant to Resolution No. 33 r19891 of the Authority; for additional importation of municipal solid waste from Contra Costa County on an emergency basis, pursuant to Resolution No. 179 09911 and for importation of municipal solid waste from the City and County of San Francisco, pursuant to Resolution No. 78 r,19851 of the Authority. 3 . Changes to Chapter III "Solid Waste Management Facilities" Figure III-2 is amended to read: "Begin/End Twe-Year Contra Costa County Import 7" 7 pursuant to ACWMA Resolutions No. 33 [1989] and 1991 4 . The following provisions of this Amendment mitigate impacts identified in the project Environmental Impact Report. The provisions are part of this Plan and shall be incorporated in the County Solid Waste Facilities Permit for Altamont Sanitary Landfill : 4 -- ACWMA CONTRA COSTA IMPORT COMMITTEE CONDITIONS OF APPROVAL, CONTRA COSTA IMPORT, 1991-1993 [Part of ACWMA Resolution No. 179, December 18, 1991] Intercounty Agreement 1. Prior to the start of import, the ACWMA, Contra Costa County and each exporting Contra Costa jurisdiction shall sign an Intercounty Agreement to implement the Plan Amendment including details on payment of mitiga- tion fees and enforcement and monitoring of plan provisions and mitigation measures. The provisions of said Agreement should be included as part of this Plan Amendment and in the Conditional Use Permit [CUP] for Altamont Landfill. Wasteshed 2. The designated wasteshed shall be all of Contra Costa County, excluding west Contra Costa jurisdictions that presently dispose municipal solid waste [MSW] at Rich- mond Landfill. West Contra Costa may only be included in the event of an emergency, - as defined under CEQA, upon approval by the Alameda County Local Enforcement Agency [LEA] in consultation with the Alameda County Planning Department and ACWMA. West Contra Costa jurisdictions may be included in the future in the event-of .future. environmental review and .approval. Waste Types 3 . Only MSW shall be accepted. No hazardous wastes or designated wastes [as those terms are defined under applicable State codes] , or wastewater treatment plant sludge or sludge ash or residuals shall be accepted. The Alameda County LEA shall approve a hazardous waste control program to ensure Acme Fill Transfer Station and Contra Costa haulers comply with hazardous waste identification and acceptance control methods to screen out hazardous wastes.. OSC and Contra Costa's haulers and facility operators shall provide adequate verifica- tion, as determined by the Alameda County LEA, that these facilities comply with the approved program. Waste Tonnage and Term 4 . Up to 445,000 tons per year, not to exceed 8,500 tons per week, for up to two years to begin when all permits and approvals are in place. To reduce the amount of import, this Plan Amendment provides for early termination of- import in the event a landfill is established in Contra Costa County and 5 -- restricts use of a minimum daily waste tonnage [also known as "privilege for disposal" or "put or pay. " ] as follows: The authority to import provided by this Plan Amendment ceases when adequate landfill capacity is available in Contra Costa county. It would constitute a material breach of this Plan Amendment (and the intercounty agreement which would implement the Plan Amendment) if solid waste continues to. be brought to Altamont Land- fill more than 30 days after adequate capacity is available in Contra Costa. Contra Costa agrees that in the event that import occurs in violation of this provision, Contra Costa shall pay to the ACWMA a "liquidated damages" fee per ton on wastes exported to Alameda county equal to the cost of Contra Costa disposal at the new landfill(s) in Contra Costa County plus ten percent. The determination of when adequate capacity is available in Contra Costa County and the cost of disposal at that available capacity shall be determined by the ACWMA. Said "liquidated damages" fee shall replace the fee imposed pursuant to Condition No. 9(a) of this agreement, but in no event shall be a lessor amount than provided under Condition 9(a) . Any minimum daily tonnage imposed on Contra Costa waste by the operator of the Altamont Landfill shall not exceed: a) 700 tons per day upon the first day of receipt of waste under this Plan Amendment. b) 1200 tons per day upon receipt of waste at Acme Interim Transfer Station (or successor transfer station) from the entire wasteshed specified in Condition No. 2, excluding west Contra Costa. C) 800 tons per day on the date waste disposal begins pursuant to a solid waste disposal agreement between Contra Costa and San Joaquin counties . The minimum daily tonnage shall be further reduced or eliminated by an amount specified by Contra Costa county upon 30-day notice to OSC, provided such reduction shall be only to accommodate waste diversion programs or operation of a new or expanded sanitary landfill in Contra Costa county. Waste Transportation 5 . The approach route from Contra Costa county shall be by way of I-680 to I-580 to Southfront Road to Greenville Road to Altamont Pass Road. The departure route from Altamont Landfill shall be by way of Altamont Pass Road to Northfront Road to I-580 to I-680. No transfer vehicles from Contra Costa county shall pass through the I-580/I-680 interchange during the peak periods of 6 :45-8 :45 a.m. and 4 : 00-6 :00 p.m. Said restriction may be reduced or removed upon approval by the Alameda County LEA, in consultation with the public works departments of Alameda County and the Cities of Livermore, Dublin and Pleasanton. The number of transfer vehicle arrivals at Altamont Landfill from Contra Costa county shall not exceed 425 per week or 90 per day, unless permitted by the Alameda County LEA on an emergency basis . All Contra Costa haul vehicles that dispose MSW at Altamont Landfill shall be inspected by the Alameda County LEA. All Contra Costa haul vehicles shall be enclosed as required by the Alameda County LEA to prevent rubbish from escaping en route. All Contra Costa vehicles must have clearly visible, readily identifiable markings. OSC shall accept for disposal at Altamont Landfill only Contra Costa waste which is contained in solid waste transfer vehicles originating at the Acme Fill Transfer Station or, if approved by the Alameda County LEA, demonstration POD vehicles. The latter may not include waste originating from an area outside the wasteshed designated in Condition No. 2 . OSC shall not accept foi 'disposal any MSW or other waste from Contra Costa county which is carried in direct-haul solid waste collection vehicles [packers] , carried by commercial haulers, or by the general public in private vehicles. Resource Recovery Efforts in Contra Costa County 6 . Curbside collection, school and commercial recycling programs proposed by Contra Costa shall be incorporated in the ACWMA plan amendment. Contra Costa shall also provide quarterly verification that the results of -its resource recovery efforts at least equal those achieved in Alameda county [percent of waste stream diverted, disaggregated to show diversion rates with and without inclusion of inert materials] and that Contra Costa has an ongoing program to ensure future resource recovery consistent with the goals and timetable in the adopted plans of the ACWMA, as these may be amended over time. Landfill Capacity in Contra Costa County 7 . Contra Costa County and the cities of Pittsburg, Concord and Brentwood shall cause a resolution of the present litigation over landfill issues, prior to approval by Alameda County and the ACWMA of the 7 requested plan amendment. Contra Costa shall make a good faith effort to settle related litigation with non-public agency parties at the same time. Said resolution of litigation shall not preclude or delay implementation of projects to provide landfill capacity in Contra Costa County. Contra Costa shall provide quarterly verification of its continued good faith effort to establish landfill capacity in Contra Costa sufficient to meet the needs of Contra Costa for a minimum of 20 years plus provide reciprocal capacity for Alameda county agencies. In the event that this condition is not complied with prior to the start of importation under this Plan Amendment, the two-year term of import provided under Condition No. 4 shall be reduced to a term of 6 months. Emergency Capacity 8 . Contra Costa shall reserve for Alameda county jurisdic- tions, MSW waste disposal capacity for use at any time in the future under emergency conditions as determined by the ACWMA, equal to the tonnage disposed in Alameda county by Contra Costa subsequent to December 18 , 1989 . In no event shall the rate charged to Alameda county jurisdictions exceed the prevailing disposal rate in Contra Costa charged to local residents. Any export from Alameda County requires an amendment of the Alameda County CoSWMP. Mitigation Fees 9 . Contra Costa shall pay all disposal fees, mitigation fees and surcharges levied in Alameda county during the term of the agreement, including the following: a. A Mitigation Fee of $10.30 per ton, indexed to inflation, payable to the ACWMA for distribution in accord with an expenditure plan to be adopted by the ACWMA to partially mitigate impacts of importation including lost capacity in Alameda county and administrative costs. Of the $10 . 30 per ton, $1.00 per ton, or $890,000, shall be paid on an early, nonrefundable, basis to the ACWMA. Of this, $500,000 shall be paid in a lump sum prior to the start of import. The remaining $390,000 shall be due and payable in a lump sum at such time as Contra Costa has disposed 500,000 tons of waste at Altamont Landfill under this plan amendment. The remaining $9.30 per ton shall be paid on a monthly basis commencing with the start of import. 8 = Of the $10 . 30 per ton mitigation fee, $1. 50 represents the cost of environmental liability. The ACWMA shall reserve this amount to partially cover future clean up costs attributable to wastes imported from Contra Costa County. The ACWMA shall indemnify Contra Costa County for the amount actually deposited plus interest accrued. Effective April 1, 1992 , the $10. 30 mitigation fee shall increase to $15.00 per ton, unless the ACWMA determines that there is good cause for Contra Costa to continue to import after that date at the $10 . 30 per ton rate. The $15.00 per ton fee shall be considered a minimum fee for disposal in the period beginning April 1, 1992. In the event and at such time that the ACWMA determines that the provisions identified in Condition No. 4 apply, and said provisions would result in a mitigation fee greater than $15.00 , then the higher fee provided pursuant to Condition No. 4 shall apply to imported wastes. b. In addition to mitigation fees identified in Condition No. 9(a) above, roadway mitigation fees, based on studies conducted in conjunction with this application, are due and payable on an upfront basis to the County of Alameda and City of Livermore, _ The upfront roadway mitigation fee shall include payment of $47 , 992 for the City of Livermore Traffic Impact Fee and payment of $590, 230 to the County of Alameda Public Works Agency. Both payments shall be made prior to the start of import. C. If, during the term of this plan amendment, addi- tional per ton fees, taxes or other costs are imposed by government action on all Altamont landfill wastes that originate in Alameda county, including charges imposed for purposes of funding waste diversion programs and plans, said charges shall be applicable to all wastes from Contra Costa. This shall include any costs imposed pursuant to Measure D. Contingency Planning 10. Prior to the start of import, OSC shall submit a contingency plan in the event of emergency closure of Altamont Landfill , for approval by the ACWMA. 9 Oakland Scavenger Facilities Plan 11 . OSC shall develop a Facilities Plan, implementation schedule and cost estimate for comprehensive resource recovery facilities and programs within the scope of its services. This shall include a commitment to various resource recovery projects, including but not limited to, construction/demolition debris, recovery of tire, wood materials and operation of composting facilities. Said Plan shall be submitted by OSC for review and approval by the ACWMA within one year of the start of importation under this plan amendment. OSC shall further agree to provide on a timely basis the comprehensive resource recovery facilities and programs required in Alameda county by the ACWMA and its member agencies to comply with AB 939 and the Countywide Integrated Waste Management Plan. There is no commitment on the part of the ACWMA or its member agencies to approve the Oakland Scavenger Facil- ities Plan or to participate in its implementation. Impact on Rate Base 12. The assets of OSC shall be allocated such that the rate base for franchising agencies within Alameda county shall not include those assets or portions thereof associated with providing service to Contra Costa ' county. Neither fixed nor variable costs incurred by OSC in providing service to Contra Costa shall be passed on to Alameda County residents. There shall be no closure/post-closure costs, attributable to Contra Costa waste, applied to the rate base for franchising agencies within Alameda county. Mitigation Monitoring and Enforcement 13 . The mitigation monitoring program shall consist of monitoring by the ACWMA Planning Manager. The ACWMA Planning Manager will be responsible for continued implementation of the mitigation measures identified in this resolution. Those mitigation measures will be enforceable by this resolution and the Intercounty Agreement required prior to the start of import under this plan amendment. It is recommended that provisions of the Plan Amendment contained herein be incorporated into the applicable Solid Waste Facilities Permit and Conditional Use Permit for Altamont Landfill. 10 ADOPTED BY THE FOLLOWING VOTE: i AYES: King [2] , Withrow, Rubin, Snyder, Fertig, Loisel , Wieskamp, Nagy, Miley [3 ] , Foulkes, Mercer, Faria, Garfinkle, Martin, Kerr - 18. NOES: Sweeney - 1. ABSTAIN:- 0 . ABSENT: Skinn - 1. TH/ S M. dRTINSEN - EXECUTIVE DIREC`T'OR ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY CUESO.WC • u t4 tai;,::, y� P.., �.� , 11 -- E �fi, iV ALAMEDA COUNT JAN 2 71992 WASTE MANAGEMENT AUTHORITY v�TY n: PURIN Thomas M. Martinsen Executive Director January 23 , 1992 Richard Ambrose, City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 RE: Approval of County Solid Waste Management Plan (CoSWMP) Amendment to Allow Disposal of Contra Costa County Waste at Altamont Landfill Dear Mr. Ambrose: The Alameda County Waste Management Authority hereby submits for approval by your City Council a proposed CoSWMP Amendment to allow continued import and disposal of Contra Costa County solid waste at Altamont Landfill. A copy of Waste Management Authority Resolution No. 179, adopted on December 18, 1991, is enclosed. This resolution incorporates the proposed amendments to the text of the CoSWMP and 13 conditions of approval. Also enclosed is a summary of the proposal with identified impacts and mitigation measures. State law allows 90 days for the agencies to review the plan amendment and either approve or disapprove. Failure to act within this period is deemed to be plan approval. To be adopted, the amendment must be approved by the Board of Supervisors and a majority of the cities containing a majority of the incorporated population. It is respectfully requested that this matter be considered by your City Council as soon as possible. Staff of the Waste Management Authority will be pleased to provide additional information or otherwise assist as may be requested. Please feel free to contact Planning Manager, Dick Edminster of the Authority at 639-2481 for any assistance you may require in consideration of this matter. Sincerely, 76z�"-y M Thomas M. Martinsen Executive Director cosump.app EXHIMi 4;� 1933 Davis St., Suite 308, San Leandro, CA 945779(415) 639-2481, FAX: (415) 639-2491 SUMMARY OF PROPOSED PLAN AMENDMENT 1. Proiect Purpose To provide interim landfill capacity for Contra Costa County until new Contra Costa landfills are operational. The existing Contra Costa import agreement expires after 580 , 000 tons are disposed. This could occur as early as February 1 , 1991. 2. Maior Pro-iect Features Term Up to two years, to take effect after tonnage approved under the 1989 agreement is disposed. Term limit is six months if litigation against landfills in Contra Costa is not settled; ban on import after new landfills are available in Contra Costa. Wasteshed Central and east Contra Costa County. Tonnage Increase from 290 ,000 to 445 ,000 tons per year to accommodate waste .previously .disposed 'at _ _.. Acme Fill in Martinez and Antioch landfill (expected to close in early 1992) . Limit not to exceed 8 ,500 tons per week. Waste Type Only municipal solid waste - no hazardous or designated waste. Control program required. Trucks Only transfer vehicles inspected by Alameda County Department of Environmental Health. Haul Route Acme Transfer Station (Martinez) to Altamont Landfill by way of I-680 , I-580 and Altamont Pass Road. Operations No significant design or operational changes are proposed at Altamont Sanitary Landfill . 3. Major Issues and Proposed Mitigation Measures A. Depletion of Alameda County's Lost Landfill Capacity The draft EIR finds that Alameda County has fully-permitted landfill capacity to last until mid-1999 to early 2003 , depending on the extent .of recycling and other forms of waste reduction. Contra Costa import would reduce this life by about 6 months. EX The EIR identifies lost landfill capacity for Alameda county residents as a significant project impact. An ACWMA- sponsored study by National Economic Research Associates (N.E.R.A. ] identifies two import-related landfill costs: (1) The difference between current, relatively inexpensive disposal at Altamont Landfill and the future, higher disposal costs expected at any new or expanded landfill. Alameda county residents would incur this higher cost at an earlier date due to import. N.E.R.A recommends a mitigation fee of $8.70 per ton. (2) N.E.R.A. identifies potential landfill cleanup charges that may not be recoverable from Contra Costa county at a future date and recommends a mitigation fee for environmental liability of $1.50 per ton. Condition 9a requires Contra Costa to pay an initial per ton mitigation fee of $10. 30 to the ACWMA, based on the two costs identified by N.E.R.A. plus a $0 . 10 administrative charge. Effective April 1, 1992, the fee is increased to $15 . 00 per ton. Assuming Contra Costa exports the entire proposed tonnage, the fee would raise about $8 .5 million. This sum would be expended for project mitigation in accord with a plan to be adopted by the ACWMA. Money raised by the $1. 50 per ton charge for environmental liability would be reserved for this purpose by the ACWMA. B. Provide Emergency Capacity in Contra Costa Condition 8 requires Contra Costa County to reserve planned landfill capacity for use by Alameda County jurisdictions under emergency conditions as determined by the ACWMA. The amount reserved would equal the amount of Contra Costa waste disposed at Altamont. No charges would be placed on Alameda county waste, other than those placed on wastes originating in Contra Costa county. C. Impacts to Alameda County Roads/Traffic Condition 9b requires payment of upfront roadway .mitigation fees of $47 ,992 for the City of Livermore Traffic Impact Fee and $590, 230 to the Alameda County Public Works Agency. The County Public Works Agency has submitted a list of projects impacted by import for which the mitigation money would be used. This amount would be in addition to the $10. 30 per ton mitigation fee. Condition 5 precludes hauling by Contra Costa trucks during peak traffic periods, unless approved by the Alameda County agencies. 2 D. Encourage Alternative Landfill Disposal Two proposed landfills in Contra Costa have received local approvals but have been delayed by litigation. Condition 7 requires Contra Costa County and the plaintiff cities to resolve the litigation, and reduces the term of the import agreement to six months if the litigation is not settled before the start of import. Condition 4 adds a requirement that Contra Costa pay severe "liquidated damages" in the event import continues after new landfill capacity is available in Contra Costa county. Use of alternative landfills is encouraged by Condition 4 , which restricts the minimum daily tonnage requirement that Oakland Scavenger may impose and specifically provides for a reduction in tonnage in the event Contra Costa secures an agreement with San Joaquin County. Condition 9 provides that if Contra Costa ceases export early, prior to disposing 500,000 tons at Altamont, it would avoid a $390 ,000 lump sum fee. Also, increasing the per ton mitigation fee from $10. 30 to $15.00 effective April 1, 1992 is intended to encourage an early settlement. E. Encourage Resource Recovery Alternatives Condition 6 requires Contra Costa agencies to implement certain waste recovery programs and to at least meet the level of waste recovery achieved in Alameda county. F. Require Oakland Scavenger to Provide Plans Conditions 10 and 11 require OSC to develop a Contingency Plan in the event of emergency closure of Altamont Landfill and to develop a Facilities Plan which includes resource recovery projects. Both plans would be subject to ACWMA approval and there is no commitment on the part of the ACWMA or its member agencies to implement the plans. 3 J) iY