HomeMy WebLinkAboutSelect Committee (Bee Canyon)r4
County of OrorrS_
^Y.
July 30, 1984
TO: Harriett Wieder, Chairman
Board of Supervisors
FROM: Bruce Nestande
Thomas F. Riley
SUBJECT: Approval of Agreement with City of Irvine Regarding Bee Canyon -
OFF AGENDA, July 31, 1984
On July 20, 1984, we circulated a draft Memorandum of Understanding between
the County and the City of Irvine regarding Bee Canyon. The Irvine City
Council adopted that document in the form of the attached Settlement Agreement
at its July 24, 1984 meeting.
We respectfully request that this be considered OFF AGENDA by the Board of
Supervisors at the July 31 meeting.
Project approval was given by the Board by Resolution No. 79-1409, adopted
on September 25, 1979, and CEQA compliance for the project was effected at
that time by the certification of EIR 018 (Revised). Therefore, this approval
is not a project under CEQA Guidelines Section 15378(c).
RECOMMENDATION
Approve the attached Settlement Agreement and authorize the Chairman
to execite the Agreement on behalf of the Board of Supervisors.
BRUCE NESTANDE, SUPERVISOR
THIRD DISTRICT
sw
Att.
cc: County Administrative Officer
County Counsel
Clerk of the Board of Supervisors
Director, GSA
THOMAS F. RILEY, SUPERVIS
FIFTH DISTRICT
0
R£i,E-lvcD
SUPERVISOR ROGER R. STANTOIN
JUL 3 0 1984
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SETTLEMENT AGREEMENT
BETWEEN
THE CITY OF IRVINE
AND
THE COUNTY OF ORANGE
REGARDING THE BEE CANYON LANDFILL
THIS SETTLEMENT AGREEMENT is entered into on this day of ,
1984, bet%-ieen the City of Irvine ("City") and the County of Orange ("County"),
through their respective legislative bodies. The purpose of this Agreement
is to resolve the pending litigation between the City and County regarding
the County's proposed Bee Canyon landfill by creating a binding agreement
with respect to the commencement and operation of the Bee Canyon landfill
and other matters of mutual concern. The City and the County hereby agree
as follows:
Public Health and Safety
The potential danger of a landfill operation to public health and safety
shall be minimized. Proper operation and monitoring shall be enforced.
The following conditions are provided to achieve an environmentally safe
operation.
1. Adherence to State Standards:
State standards are not explicitly discussed in this document.
However, the site will be operated in conformity with State
requirements for a Class II-2 site. Strict adherence to all applicable
State standards is the legal responsibility of the landfill operating
agency. The Bee Canyon landfill will not operate unless State
standards are successfully enforced.
2. Leachate Monitoring:
a. Prior to site operation, background water quality will be evaluated
so that future water quality can be checked on a regular basis.
b. Surface and groundwater on site and off site will be tested in
accordance with such requirements as will be placed upon the
operating agency by the Santa Ana Regional Water Quality Control
Board (SARWQCB).
c. A contingency plan for leachate collection will be developed
prior to operation. The trigger for implementing collection
procedures will be determined by the Santa Ana Regional Water
Quality Control Board. If necessary, leachate collection
procedures will be implemented by the landfill operating agency.
These procedures will be subject to the approval of the SARWQCB.
3. Methane Monitoring:
a. The operating agency will install peripheral monitoring wells
to detect lateral gas migration within six months of the initiation
of landfill operation.
b. The operating agency will install a state-of-the-art gas collection
system for the control of odors or for 'the recovery of methane
for utilization, as deemed necessary by the South Coast Air Quality
Management District (SCAQMD) and/or California Wastc Management
Board.
4. Refuse Composition and Toxicity:
a. This Agreement supersedes Orange County Resolution No. 81-1106
to the extent that, not only sludge treatment, but also the drying,
mixing or dumping of sludge will be prohibited, unless and until
the County shall have fully complied with the provisions of the
California Environmental Quality Act with respect thereto,
including but not limited to preparation of a new Environmental
Assessment and Environmental Impact Report, with the City of
Irvine serving as a responsible agency, and further provided
that:
(1) Any sludge dumped on the site shall be disposed of at a
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solid to liquid ratio of ten to one;
(2) All sludge to be dumped will be treated so as to achieve
a toxicity content no greater than other materials which
may be lawfully disposed of in the landfill;
(3) The City of Irvine will receive copies of all toxicity reports
on sludge to be disposed of on the site; and,
(4) The operating agency will explore and implement technological
advances as they develop so as to further reduce the hazards
relating to sludge disposal on the site.
(5) That any sludge dumped on the site will be counted in the
daily tonnage limit stipulated in Section D.2., below.
b. The operating agency will provide training for all landfill
operating personnel and for booth operators to increase their
awareness and skills in the identificatian of potentially
hazardous, toxic and other undesirable wastes, to assure continual
monitoring and inspection of dumped loads.
c. The County shall establish a program of daily random sampling
and inspection of truck loads for hazardous wastes. At least
three trucks per day will be inspected.
B. OceratinQ Procedures
As stated in Section A.I. above, it is assumed that adherence to State
standards is a condition for landfill operation. In addition, adherence
to the following standards, even where they go above and beyond State
standards, is a condition for landfill operation.
1. Public DumoinQ:
County will exclude non-commercial (public) dumping at the Bee Canyon
landfill as long as some alternative is available in the area_ If
there is no alternative, public dumping will be limited to one (1)
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designated Saturday per month. County will provide for personnel
to supervise public dumping.
2. Operating Hours:
The operating agency will limit landfill access to daylight hours,
Monday through Saturday.
3. Litter Control:
a. The operating agency will utilize portable fencing around the
active face in order to catch windblown debris. Under Santa
Ana wind conditions, the operating agency will take whatever '
additional steps are necessary to control windblown debris.
b. The operating agency will provide sufficient manpower to clean
up access route at least once per week. '
c. All trash hauling vehicles must be covered. If legally
permissible, uncovered vehicles shall be charged -at least double
the tipping fee. 1
d. Upon initiation of landfill operations, County will implement
a litter cleanup program on Sand Canyon Avenue between I-405 1
and the Bee Canyon access road, including the access road; and 3
on Bonita Canyon Drive between MacArthur Boulevard and the Coyote
Canyon access road, including the access road.
e. City and County will adopt and strictly enforce ordinances
prohibiting the dumping of debris and littering on all public e
streets and assessing fines therefor.
4. Odor and Dust Control: 'n
a. The open face will be kept as small as possible so that odor
is minimized.
b. County will require daily cover of the working face at Bee Canyon e
with six (6) inches of dirt. 9
-4-
c. County will require cover of areas in Bee Canyon not being used
for one hundred eighty (180) days or more with twelve (12) inches
of dirt.
d. Grading areas and the access roads shall be watered at least
daily, or as necessary to control dust, except when raining. Dust
limits shall be established in cooperation with the SCAQMD.
e. Special operating procedures shall be established for Santa Ana
wind conditions. These shall include but not be limited to (1) a
full foot of earth cover over compacted rubbish, and (2) more
frequent watering.
_. Visibility:
County will not permit the Bee Canyon landfill operation to be visible
from the surrounding area.
h. Closing:
a. County will close the Bee Canyon landfill in conformance with
State standards in effect at the time of closure.
b. County will require that the final fill face of the Bee Canyon
landfill be contour cut to blend in with the surrounding
topography, as practical.
C. Access to Bee Canyon
1. Landscaoina:
a. County will provide maximum practical landscaping to screen Bee
Canyon access road from view of the village of Northwood.
b. County will contour grade all cut slopes involved in constructs,)n
of Bee Canyon access road to the maximum extent feasible.
2. Noise Mitigation:
County will maintain a minimum distance of approximately one (1) mile
between the Bee Canyon access road and residential development existing
-5-
at the time of this Agreement, excluding military housing.
3. Truck Route Selection:
The County shall prepare and have ready for distribution from the
opening day of the site a statement of restrictions and conditions
to be placed upon users of the facility. These are to be handed
to each incoming hauler and shall include a map clearly designating
the approved access routes of I-5, I-405, and Sand Canyon Avenue.
These routes will be designated as the only permissible truck routes
by the jurisdiction in whose boundary the street lies.
4. Road Construction and Maintenance:
a. Prior to the opening of the Bee Canyon landfill, County will
analyze existing structural sections and determine need for
reconstruction of all routes located in City.
b. City and County will share the cost for road reconstruction
identified in item C.3., above, as well as maintenance of such
streets, proportionate to Bee Canyon landfill -bound and other
truck traffic. Such proportions will be determined via an axle
count study to be conducted by County. Improvements made pursuant
to this Agreement will not preclude or prejudice further
improvements to such streets via Arterial Highway Funding Program
(AHFP).
c. Prior to the opening of the Bee Canyon landfill, County will
provide a traffic signal at the intersection of Sand Canyon Avenue
and Irvine Boulevard.
Scone of Operations
1. Simultaneous Use of Bee and Coyote:
a. County will minimize simultaneous operation of the Bee and Coyote
Canyon landfills and in no case will the two (2) sites be operated
for a period longer than one hundred eighty (180) days. At no
time during simultaneous operation will more than seven hundred
fifty (750) tons per day be accepted at Coyote Canyon. This
restriction will not apply to site preparation or closure
activities. County will, however, complete all closure activities
at Coyote Canyon within two (2) years from accepting the last
refuse deposit.
b. County will not use the Coyote Canyon landfill as a transfer
station.
2. Limitation on Volume:
a. Except as provided below, the Bee Canyon operation will be limited
to a maximum annual average of six thousand (6,000) tons per
day, adjusted for growth within the service area, commencing
January 1, 1989 but in no event adjusted in excess of 1-3/40%
per year, to a maximum annual average of eight thousand, five
hundred (8,500) tons per day. (See attached Addendum.) The
EIR clearly states that Bee Canyon is the replacement for Coyote
Canyon. Thus, the level of operation of Bee Canyon shall not
exceed that of Coyote Canyon and Bee Canyon shall not serve as
a replacement for other landfill sites scheduled to close within
the next three (3) to five (5) years. No increase in said
limitation shall be permitted unless and until the County shall
have fully complied with the provisions of the California
Environmental Quality Act with respect thereto, including bcit
not limited to, preparation of a new Environmental Assessment
and Environmental Impact Report, with the City of Irvine serving
as a responsible agency. Additionally, permits for any such
increased volume must be obtained from the Regional Water Quality
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Control Board and the State of California as applicable and
required. County agrees to make every effort to obtain alternate
sites to serve the landfill needs resulting from the closure
of such other landfill sites.
b. The initial waste discharge permit to be issued by the Regional
Water Quality Control Board and the operating permit to be issued
by the State of California shall specifically stipulate a maximum
annual average tonnage limitation of six thousand (6,000) tons
per, day. In the event there is an increase in excess of 100
of the six thousand (6,000) tons per day limitation, new waste
discharge permits and operating permits shall be obtained.
c. A weigh station will be utilized at the site to monitor Bee Canyon
daily tonnage volume.
3. Resource Recovery:
Prior to the opening of the Bee Canyon landfill, the County will
develop an action plan for implementing a program of resource recovery.
This plan will include but not be limited to (1) a target date for
waste -to -energy pilot pTant operation, and (2) resource recovery
phasing with identified target dates and economic thresholds.
4. Financing:
Specific tipping fees for Bee Canyon shall be established so as to
cover the full costs of safe and proper operation of the landfill,
including the costs of implementing the conditions of this Agreement.
E. Enforcement
1. The County will conform with all applicable regulations, restrictions
and statutes at the Federal, State, and local level.
2. If the County elects to operate Bee Canyon through a private
contractor, said contractor will be required by County to provide
all of the operating_ safeguards that will be contained within this
Agreement and will be under continuous surveillance and inspection
by appropriate County inspectors and officials.
F. molementation of Agreement
The following procedure will be used for items C.1, C.2, and C.4, above.
1. County will notify City at least four (4) weeks prior to initiation
of the design, study or survey in question.
2. City will provide County with suggestions,' requirements, etc., for
such study within four (4) weeks.
3. City and County will meet to discuss method and schedule for study.
County will submit study to City in draft form.
5. City will review study within four (4) weeks.
6. City and County will meet to discuss comments and revisions, as
necessary.
7. County will finalize study.
G. Upon signature of this Agreement by the authorized representatives of
the parties hereto, City agrees to provide County with dismissals with
prejudice as to all defendants in its two (2) lawsuits filed in connection
with cities' contentions regarding County's sanitary landfills and the
County's compliance with the California Environmental Quality Act, namely
Citv of Irvine v. County of Orange, OCSC No. 38-68-96 and City of Irvine
v. County of Orange, OCSC No. 40-63-12. Each party shall bear its own
costs and attorneys' fees with regard to said suits. Said actions shall
be so dismissed as to each and every cause of action contained therein
and the non -County signatories hereto waive any objection to any action
of County, its officers and employees concerning the sufficiency of EIR
MOZ
No. 018 (Revised) relating to Bee Canyon landfill or the access road
thereto and any other aspect of the Amendment to the Land Use Element
of the County's General Plan adopted by the Board of Supervisors on May 25,
1983.
DATED:
DATED
, 1984 COUNTY OF ORANGE
BY: HARRIETT WIEDER
Chairman, Board of
Supervisors of the County of
Orange
, 1984 CITY OF IRVINE
BY: DAVID SILLS
Mayor, City of Irvine
3
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A D D E N D U M
(See Paragraph D.2.a. of Settlement Agreement)
The following is the annual average tonnage, by year, for the Bee Canyon
landfill. A factor of 1.0175 was used to determine the growth rate of 1-3/40%
per year.
The average daily tonnage is based on a six day operating week, excluding
holidays.
Ygar
Tonnage
Year
Tonnaqe
Year
Tonnage
t 01
6105
08
6894
15
7785
02
6212
09
7015
16
7921
03
6321
10
7138
17
8060
04
6432
11
7263
18
8201
05
6544
12
7390
19
8345
06
6658
13
7519
20
8491
07
6775
14
7651
21
8640
* Currently scheduled for 1989.