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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 f llf ice-- U� 1171 iJ xC 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 -2- 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) -3- 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 -7- 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 -10- 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.