HomeMy WebLinkAbout1988-08-23 Select Committee (Bee Canyon)August 23, 1988
Notice to the
Select Committee
2) Status Report on New Bee Canyon Landfill Sludge Disposal
Alternative.
In 1983 the Boards adopted a short and long-term sludge
management plan that selected as the preferred long-term disposal
option, the continuation of the cooperative program with the
County of Orange for co -disposal of sludge and refuse at County
landfills. The plan also provided for pursuit of other disposal
alternatives which the Districts have continued to study and
implement.
The Boards have since adopted a policy of practicing multiple
options to maximize reuse and disposal alternatives and
reliability. For example, we have recently entered into contracts
with several private firms for sludge reuse and almost one-half of
our daily sludge production is presently recycled for beneficial
use by direct application to agricultural land or as a compost
material.
Nonetheless, there continues to be a need for a landfill backup
disposal option in case other disposal alternatives disappear.
Historically, landfill co -disposal is the most cost-effective and
reliable method. The logical long-term co -disposal site is the
County's new Bee Canyon Landfill in Irvine. There are several
reasons for this, including that Bee is the replacement for Coyote
Canyon where, heretofore, the majority of our sludge has been taken
(Coyote Canyon Landfill is now scheduled to begin closure in
March, 1989); it will have adequate refuse to meet the required mix
ratios; it is remote yet close and centrally located; it is the most
reliable, cost-effective site; it is a new landfill and thus, can
be engineered to accept waste under the most favorable
environmental conditions; and Irvine's and Orange County's
taxpayers would benefit from the annual tipping fee paid by the
Districts, estimated to be over $3 million per year (based on the
proposed new fee).
Disposal of sludge at the County's new Bee Canyon Landfill
is precluded until CEQA and other requirements are satisfied in
accordance with a memorandum of understanding (MOU) between the
County and Irvine. The Districts fully support its provisions and
have proposed to proceed in a manner consistent with its terms and
conditions.
The first step for the County to obtain an operating permit
from the Regional water Control Board (RwQCB) for Bee Canyon
Landfill is the submittal of an "Application for Facility
Permit/waste Discharge," Form 200. In order to assure that the
RwQCB would consider the Bee Canyon application and issue the
permit in a manner so as not to preclude sludge disposal at
Bee Canyon some time in the future, the Districts proposed to the
County that when submitting its application to RwQCB for
-2-
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIF RNIA
August 23, 1988
NOTICE TO THE
SELECT COMMITTEE TO
ADVISE THE STAFF
Don E. Smith, Joint Chairman
Ron Hoesterey, Vice Joint Chairman
Don R. Griffin, Past Joint Chairman
Buck Catlin
Richard B. Edgar
Sally Anne Miller
James Neal
Philip Maurer
Tom Mays
Don Roth
10844 ELLIS AVENUE
P.O. BOX 8127
FOUNTAIN VALLEY, CALIFORNIA 92728-8127
(714)962-2411
RE: Select Advisory Committee Meeting: Wednesday, August 31, 1988
@ 5:30 p.m.
Joint Chairman Smith has called a meeting of the Select Advisory
Committee at the above time. A light dinner will be served at the
beginning of the meeting.
Following is a discussion of the items to be reviewed with the
Committee:
1) Update on Action Plan's Public Participation/Community Outreach
Program.
At the Committee's last meeting on June 15th, the members
approved the Community Outreach Program and Public Participation
Plan prepared by Gary Robbins of Urban Alternatives, the firm
engaged by the Joint Boards to provide public participation
consulting services to support the Districts' Action Plan.
As one of the early steps in the Public Participation/Community
Outreach Program, a focus group was formed to provide a forum for a
structured round table discussion of Action Plan issues among
participants representing a cross section of interests, to identify
important public attitudes and concerns regarding the Districts'
wastewater management plans. Enclosed is an executive summary of
a focus group meeting held on July 14. Gary Robbins will attend
the Committee meeting to review the feedback from the focus group
discussions.
-1-
August 23, 1988
Notice to the
Select Committee
Bee Canyon, the box on the application form indicating the
potential for future sewage sludge disposal be checked, with the
qualification that such disposal would be subject to completion
of an environmental assessment and environmental impact report in
full satisfaction of the terms and conditions of the MOU between
the County and the City of Irvine. This would avoid future delays
and duplication.of regulatory hearings. It is also in keeping with
the full spirit and intent of the MOU.
Checking the box is not a request for disposal of sludge in
Bee Canyon, but, rather, an indication to the RWQCB that the
future potential is there as set forth in the MOU. Although we
have no immediate plans for sludge disposal at Bee because we have
been able to develop other disposal options since adoption of the
original plan by the Boards in 1983, if sludge disposal is proposed
at some time in the future, it would be only after completion of
the environmental assessment and EIR in full compliance with the
terms and conditions of the MOU.
Consideration of the Bee Canyon permit by the RWQCB in the
context of future potential for sludge disposal would be in the
best interests of the residents of Irvine and the entire County,
with or without sludge. Again, it would assure that the Regional.
Water Quality Control Board would consider the operating permit in
a manner so as not to preclude sludge disposal at Bee Canyon should
it be proposed and approved some time in the future if the MOU
provisions are satisfied; and require its construction in an
environmentally sound manner in accordance with the latest
technology. If.the County proceeds as proposed by the Districts,
we have offered to provide funding assistance for appropriate
construction of the Bee Canyon Landfill to assure these goals are
achieved.
In May, staff reported to the Directors that the City of
Irvine, anticipating reaction from the Irvine communities in
Northwood which are the closest residents to the Bee Canyon
Landfill site, had expressed concern over our request to the
County with regard to the Bee Canyon Landfill permit application.
In order to allay these concerns, on May 17th Districts' -staff,
along with County Solid waste Management Office's staff met with
representatives of the North Irvine Villages Association (NIVA)
and City of Irvine officials. The outcome of that meeting was a
consensus that what had been proposed was reasonable and that City
staff and NIVA had no concerns with the proposed action (see Item 1
of enclosed yellow copy of City of Irvine memorandum dated
May 27, 1988).
Since that meeting, the following events have taken place:
On July 11, 1988 the County of Orange General Services
Agency, Waste Management Program Office, submitted the
-3-
August 23, 1988
Notice to the
Select Committee
Bee Canyon Landfill permit application to the RWQCB.
(See attached gray copy of application facsimile
indicating Districts' request.)
On July 18, 1988 NIVA wrote to the Districts apparently
reversing their May 17 position. (See enclosed buff copy
of NIVA letter.)
On July 20, 1988 NIVA met with City of Irvine officials
to discuss the Bee Canyon Landfill, including the issue
of potential sludge disposal. (See enclosed blue copy of
NIVA discussion outline dated July 13, 1988.)
On August 4, 1988 Districts, staff, along with County Waste
Management Program office staff met with City of Irvine
staff who reiterated the concerns expressed by NIVA and
advised that NIVA now appeared to be unalterably opposed
to sludge disposal at Bee Canyon and further advised that
NIVA would probably have the support of a majority of the
City Council. The City suggested that the Districts and
the County consider amending the Bee Canyon permit
application deleting the check in the box indicating the
potential for future sludge disposal to avoid any possible
confrontation at this time which could delay the opening
of Bee.
During the discussions with the City staff on April 4, it
became apparent that the course of action regarding the
Bee Canyon permit application was misunderstood by some
and that there were several misconceptions concerning
the practice of sludge disposal. Accordingly, on July 9,
Districts' staff formally requested that the County delay
consideration of amending the Bee Canyon permit application
pending an opportunity to meet with the affected parties
in an attempt to clarify the misinformation or
misunderstandings. (See enclosed green copy of letter to
GSA Director dated August 9, 1988.)
On August 18, 1988, The Districts received notification
that the County had amended its application to the RWQCB
for the Bee Canyon Landfill permit, deleting the check from
Box IV.A. indicating the potential for future sludge
disposal. at the landfill. (See enclosed lavender copy of
letter from the County to the Districts dated August 16,
1988; and pink copy of letter from -the County to the RWQCB
dated August 16, 1988.)
The County's letter indicates their decision was based on
concerns that the issue might affect the timely opening
of Bee Canyon; a concern that the Districts are certainly
sensitive to.
August 23, 1988
Notice to the
Select Committee
Bee Canyon Landfill permit application to the RWQCB.
(See attached gray copy of application facsimile
indicating Districts' request.)
On July 18, 1988 VIVA wrote to the Districts apparently
reversing their May 17 position. (See enclosed buff copy
of NIVA letter.)
On July 20, 1988 NIVA met with City of Irvine officials
to discuss the Bee Canyon Landfill, including the issue
of potential sludge disposal. (See enclosed blue copy of
NIVA discussion outline dated July 13, 1988.)
On August 4, 1988 Districts' staff, along with County Waste
Management Program office staff met with City of Irvine
staff who reiterated the concerns expressed by NIVA and
advised that NIVA now appeared to be unalterably opposed
to sludge disposal at Bee Canyon and further advised that
NIVA would probably have the support of a majority of the
City Council. The City suggested that the Districts and
the County consider amending the Bee Canyon permit
application deleting the check in the box indicating the
potential for future sludge disposal to avoid any possible
confrontation at this time which could delay the opening
of Bee.
During the discussions with the City staff on April 4, it
became apparent that the course of action regarding the
Bee Canyon permit application was misunderstood by some
and that there were several misconceptions concerning
the practice of sludge disposal. Accordingly, on July 9,
Districts' staff formally requested that the County delay
consideration of amending the Bee Canyon permit application
pending an opportunity to meet with the affected parties
in an attempt to clarify the misinformation or
misunderstandings. (See enclosed green copy of letter to
GSA Director dated August 9, 1988.)
On August 18, 1988, The Districts received notification
that the County had amended its application to the RWQCB
for the Bee Canyon Landfill permit, deleting the check from
Box IV.A. indicating the potential for future sludge
disposal at the landfill. (See enclosed lavender copy of
letter from the County to the Districts dated August 16,
1988; and pink copy of letter from the County to the RWQCB
dated August 16, 1988.)
The County's letter indicates their decision was based on
concerns that the issue might affect the timely opening
of Bee Canyon; a concern that the Districts are certainly
sensitive to.
-4-
August 23, 1988
Notice to the
Select Committee
Bee Canyon, the box on the application form indicating the
potential for future sewage sludge disposal be checked, with the
qualification that such disposal would be subject to completion
of an environmental assessment and environmental impact report in
full satisfaction of the terms and conditions of the MOU between
the County and the City of Irvine. This would avoid future delays
and duplication.of regulatory hearings. It is also in keeping with
the full spirit and intent of the MOU.
Checking the box is not a request for disposal of sludge in
Bee Canyon, but, rather, an indication to the RWQCB that the
future potential is there as set forth in the MOU. Although we
have no immediate plans for sludge disposal at Bee because we have
been able to develop other disposal options since adoption of the
original plan by the Boards in 1983, if sludge disposal is proposed
at some time in the future, it would be only after completion of
the environmental assessment and EIR in full compliance with the
terms and conditions of the MOU.
Consideration of the Bee Canyon permit by the RWQCB in the
context of future potential for sludge disposal would be in the
best interests of the residents of Irvine and the entire County,
with or without sludge. Again, it would assure that the. Regional
Water Quality Control Board would consider the operating permit in
a manner so as not to preclude sludge disposal at Bee Canyon should
it be proposed and approved some time in the future if the MOU
provisions are satisfied; and require its construction in an
environmentally sound manner in accordance with the latest
technology. If the County proceeds as proposed by the Districts,
we have offered to provide funding assistance for appropriate
construction of the Bee Canyon Landfill to assure these goals are
achieved.
In May, staff reported to the Directors that the City of
Irvine, anticipating reaction from the Irvine communities in
Northwood which are the closest residents to the Bee Canyon
Landfill site, had expressed concern over our request to the
County with regard to the Bee Canyon Landfill permit application.
In order to allay these concerns, on May 17th Districts' staff,
along with County Solid Waste Management office's staff met with
representatives of the North Irvine Villages Association (VIVA)
and City of Irvine officials. The outcome of that meeting was a
consensus that what had been proposed was reasonable and that City
staff and NIVA had no concerns with the proposed action (see Item 1
of enclosed yellow copy of City of Irvine memorandum dated
May 27, 1988).
Since that meeting, the following events have taken place:
On July 11, 1988 the County of Orange General Services
Agency, Waste Management Program Office, submitted the
-3-
August 23, 1988
Notice to the
Select Committee
• on August 23, 1988 the Irvine City Council is scheduled to
receive and consider a Bee Canyon Landfill Status Report
from its staff. (See enclosed white copy of status report
cover memorandum, and attached section relating to sludge
disposal excerpted from said Irvine City staff's status
report to the Council.)
Staff will further brief the Committee on the status of this
matter at the meeting.
-5-
SELECT COMMITTEE REPORT
Item No. 2 Attachments
Re
Status Report on.New Bee Canyon Landfill
Sludge Disposal Alternative
TWZ
MAY 27, 1988
TO: CITY MANAGER
FROM: MANAGER OF PLANNING SERVICES
SUBJECT: BEE CANYON LANDFILL - STATUS REPORT
On May 17, 1988, the City Manager and staff met with
Councilwoman Sally Anne Miller, Frank Bowerman of County
General Services Agency, Wayne Sylvester of the Orange County
Sanitation District (OCSD), and representatives from the North
Irvine Villages Association (NIVA) to discuss issues pertaining
to the construction and operation of Bee Canyon Landfill.
The following summarizes items discussed:
1. Regional Water Quality Control Board (RWQCB) Permit
Application for Bee Canyon Landfill - The Orange County
Sanitation District is requesting the County of Orange
Waste Management Program to indicate, on their application
to the California RWQCB (for a permit to construct and
operate the Bee Canyon Landfill) the potential for sludge
disposal (Attachment 1). This application is not a -request
for sludge disposal, but rather to indicate that the future
potential is there as set forth in the Memorandum of
Understanding (MOU) between the City and the County of
Orange, so that the RWQCB will take this issue into account
when considering the permit for Bee Canyon. As indicated
in the MOU, sludge disposal is prohibited unless and until
a new environmental assessment and an environmental impact
report is prepared in full satisfaction with the terms and
conditions of the MOU. Staff and NIVA have reviewed OCSD's
request and have'no concerns with this action.
2. Bee Canyon Conditional Use Permit 87-23P & Addendum to EIR
018 (County of Orange) - During the past year, staff has
been working closely with the County Environmental
Management and General Services Agencies to ensure that the
requirements identified in the Memorandum of Understanding
for Bee Canyon Landfill are identified and implemented
through the proposed Conditional Use Permit and EIR
Addendum. Staff has reviewed the proposed mitigation
measures and response to City comments and determined that
the environmental addendum adequately addressed the
requirements identified in the MOU (Attachment 2). On May
12, 1988, staff met with representatives of NIVA to review
Page 2
and discuss the County's response. NIVA's concerns
included the timing of the installation of landscaping for
the access road, the County's position on resource
recovery, and the proposed truck routes for Bee Canyon
Landfill disposal. These issues were further discussed and
resolved on May 17, 1988.
3. Hearing date for Conditional Use Permit & EIR Addendum -
The hearing date for the Conditional Use Permit and EIR
Addendum before the County Planning Commission will be held
on June 6, 1988. Staff is currently finalizing City
comments on this issue. Any additional comments associated
with the Conditional Use Permit and EIR Addendum will need
to be forwarded to the County by June 3, 1968.
If you have any questions or concerns regarding this matter,
please contact Charlene Gallina at 660-3934 by June 1, 1988.
WL IRELAND
rector of Community Development
Attachments
PI/CG:camd/cg-bee
Attachments
cc: Frank Bowerman
Tom Wright
Michael Ruane
Grace Fong
Wayne Sylvester
Jim Frisbee
Diana Von Boree
Joe Bellas
Files: General
87-GS-0163
°n°S•O
STATE OF CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD
DEPARTMENT OF HEALTH SERVICES
SOLID WASTE MANAGEMENT BOARD
DEPARTMENT OF FORESTRY
APPLICATION FOR
FACILITY PERMIT/WASTE DISCHARGE
This form is to be used for filing a/an: (check all appropriate)
1. REPORT OF WASTE DISCHARGE
(pursuant to Division 7 of the State Water Code)
2. APPLICATION FOR A HAZARDOUS WASTE FACILITY PERMIT
(pursuant to Health and Safety Code Section 25200)
3. APPLICATION FOR A SOLID WASTE FACILITIES PERMIT
(pursuant to Government Code Section 66796.20)
4. APPLICATION FOR A RUBBISH DUMP PERMIT
(pursuant to Public Resources Code Sections 4371-4375 and 4438)
1. FACILITY
A. NAME OF FACILITY
A-11I..
R. NAME OF "DAL OI[NER OF FACILITY
ADDS.[
C. NAME OF BUSINESS OPERATING PACILITI
I A�
•w I•:r
3..Q
FOR OFFICE USE ONLY
Form 200 Reed
Fee (RWQCB) (SWMB)
Letter to Discharger
Report Rec'd
Effective Date
COF Notified
OOHS No.
SWMB No.
Tt LE.w Ow[1 .
II► COD[
TJ[L: Fwew[tt .
l l t
za► coo[
rE La naow[j .
1
zl► coo[
O. TYPE OF BUSINESS OPERATING FACILITY
Sole Proorietorsnio Partnership Corporation Govemr=lent Agency
E. NAME OF OWNER S) OF BUSINESS OPERATING FACILIT9 /SLB Pwow[ • -
AOOw[3[ .w[w[ LAOAL w—CB .., [[ se. —
A. New discharge or -facility
a.q
Existing discharge or facility
C. Increase In quantity of discharge
A. Transfer station
S. i I Solid waste disoosal site
C. Hazardous waste disposal site
IL REASON FOR FILING
0. Change in character of discharge
E. Change in place or method of disposal
F. Change In design or operation
III. TYPE OF OPERATION
0. 1 Sewage treatment
E. I Industry (on -site disoosal facility)
F. Industry (discharge to sewer)
IV. TYPE OF -WASTE
G. Change in business operating facility
H. Enlargement of existing facility
I. Other (explain belowl
G. Woodwaste site
H, Other (explain below)
A r 7X Sewage. sewage sludge. a�d/or septic Lanx DUmping5 E. Agricultural wastes I. Inert materials
a. Industrial wastes F. Animal wastes J. Dead animals
C. Municipal solid wastes G. I Forest product wastes K. 7 Tires
0. Hazaraous wastes H. Construct:on/demolltion wastes L. Other (explain oelowl
*PTEential for sludge disposal in t:.e future, but only after environmental assessor nt 1,EIR
in full satisfaction of conditions of MOU between Orange Countv & City of Irvine attached)
V. SITE DESIGN CAPACITY
♦. w[f[wT �ONLA TIOw Ow CA►ACITY � [. Ow 11Yw ro►V IA TIOw Ow VITIw AT[ CA►ACITv � C. LlF[ [3►[CT Aw CT Iv[Aw�l
'OR" rM (REV. 3/60) (OVER)
5/04/88
EXCERPT
from
SETTLEMENT AGREEMENT
between
THE CITY OF IRVINE
and
THE COUNTY OF ORANGE
REGARDING THE BEE CANYON LANDFILL
114. 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 solid to
liquid ratio of ten to one;
e
(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."
NIVANorth Irvine Villages .Association
Orange County Sanitation District July 18, 1988
P.O. Box 8127
10844 Ellis Ave.
Fountain Valley, CA 92728-812.7
Attn: Mr. J. Wayne Sylvester
Upon reviewing the attached memo from Mr. Paul Ireland to Mr.
William Wollett (both of the City of Irvine), it is felt that
NIVA's position regarding the disposal of sewage sludge at the
Bee Canyon landfill should be clarified.
Niva is concerned about OCSD's request to indicate the potential
for sewage sludge disposal on the RWQCB's application for Bee
Canyon.
Our main concerns are:
o Sewage Sludge Odor
o Heavy Metal Leachate
The basis for these concerns are 1) the odor and leachate
problems which exist/have existed at the Coyote Canyon landfill
and 2) the cessation of sewage sludge dumping at the Olinda
landfill, after odor problems resulted in numerous citizen
complaints.
Other concerns include:
o Shorter Effective Dump Lifetime
o Increased Road Deterioration
o Increased Insect Problems
o Increased Bird Problems
o Leakage of Sludge/Liquids from Unlined/Poorly Sealed Trucks
We appreciate you taking the time to meet with NIVA
representatives on May 17, 1988. However, we feel that we are
,nab �. tc _1 4._..ie tho b �r` concerns of r ;••er-bers as a
result of the meeting. Therefore, the following is requested:
o A copy of the study which analyzes the dumping/disposal/
reclamation alternatives available to the OCSD and the
proposals and conclusions resulting from this analysis.
o A Public Hearing in Irvine which would seek to address the
public concerns of disposing of sewage sludge in our
neighborhood.
Very truly yours,
orth IrvinR-,-illages Assoc.
Jim Frisbee
President
cc: Frank Bowerman
Paul Ireland
4790 IRVIN E BOULEVARD, SUI: E 105; BOX 254 IRVINE, CALIFORNIA 92720
ONIVA�
North ! rvine Villages Association
Bee Canyon Landfill Discussion July 13, 1988
The City as an Advocate
Control & Trust
City as an Inspector & Advocate
City to Inspect :•:orking Face
Demand of Repayment of Costs
Personnel Costs --Staff time
Special Consultant Costs
Establish base for 35 year history
Reduction of Solid Wastes
Only =.•ray to save wildlife resources such as Bee Canyon
The County has no viable plan
pull out the plastics
industry as a corporate partner
Sludge
No Sludge at pee Canyon. Period.
There is precedent
:When & If the EPA waiver for ocean dumping is disallowed
then landfills will become prime alternatives. _
The Odor problem has been experienced and well `
documented by Irvine Residents adjacent to Coyote Canyon
Landfill.
Impact of Sludge?
Weight Variance of Trucks
Takes up room for Solid Waste
,•.hat changes will be required to modify the operation?
Disclosure of sludge dumping to new home buyers in N.I.?
Septic tank pumpings?
Could this hold up the opening of the Dump?
?.hat reed can the Sanitation District show for this?
Is the Sanitation District overburdened ?
SAR:•7CCB hEARINGS should be held in Irvine.
CCSD public hearing to demonstrate need for Bee Canyon.
What are the alternative disposal methods for the
Sanitation District?
:-What are the odor & leachate problems that have been
associated with Coyote Canyon Landfill and Olinda
Landfill in regards to sewage sludge disposal?
Landscaping Aspects
The present Access road ...No discussion with N.W.
residents
Where is the plan from the County. Lots of delays.
4790 1RVIWE BOU LEVARD, SUITE 105; BOX 254 IRVINE, CALIFORNIA 92720
nuyuav o, 1JVV
HAND DELIVERED
Mr. R. A. Scott
Director
General Services Agency
County of Orange
14 Civic Center Plaza
Santa Ana, CA 92701
Subject: RWQCB Permit Application for Bee Canyon Landfill
Dear Bert:
It has come to our attention that you are considering amending the County's
previously submitted application to the Regional water Quality Control Board (RWQCB)
for a permit for Bee Canyon Landfill, to delete the check in the box that indicated
the potential for future sludge disposal. We respectfully request that you delay
any action on amending the permit application pending an opportunity for the various
interested and affected parties to meet and resolve some apparent misunderstandings
over the issue.
As you know, the'County's Waste Management Office, after a May 17th meeting and
agreement with representatives of the Districts, the City of Irvine and the North
Irvine Villages Association (NIVA), filed an "Application for Facility Permit/Waste
Discharge", Form 200, with the RWQCB for Bee Canyon Landfill, with a check in
Box IV.A. (at our request) indicating the potential for sludge disposal in the
future. We further requested that the application carry the notation that such
disposal would be only after completion of an environmental assessment and
Environmental Impact Report (EIR) in full satisfaction of the terms and conditions
of the Memorandum of Understanding between the County and the City of Irvine
regarding Bee Canyon Landfill (see attached). Apparently, NIVA and some City
officials now have reservations over this ministerial action and have requested that
your office amend the application to delete this item. However, based on recent
discussions and correspondence, it appears as if the expressed concerns of NIVA and
City officials are based on a misunderstanding or misinformation.
Clearly, checking Box IV.A. is not a request for disposal of sludge at Bee Canyon,
but, rather, to indicate that the future potential is there as set forth in the MOU
so that the RWQCB will take that into account when considering the permit for Bee
Canyon. If sludge disposal is proposed at some time in the future, it would be only
after completion of an environmental assessment and an EIR in full compliance with
the terms and conditions of the MOU. We have fully supported the MOU provisions and
our request to the County is consistent with the spirit and letter of the Memorandum
of Understanding.
As you are well aware, the Districts are continuing to pursue other disposal
alternatives. As one example, we have executed contracts with several private firms
for recycling sludge. Almost one-half of our sludge is now being recycled for
COUNTY SANITATION DISTRICTS
of ORANGE COUNTY, CALIFORNIA
August 9, 1988 10844 ELLIS AVENUE
Mr. R. A. Scott P.O. BOX 8127
G e n e ra 1 Services Agency FOUNTAIN VALLEY, CALIFORNIA 92728-8127
Page Two (714)962-2411
beneficial use. Although we have no immediate plans to propose sludge disposal at
Bee, if for no other reason, a landfill back-up disposal option is needed in case
other disposal and reuse alternatives disappear. Historically, landfill disposal
has proven to be the most economical and reliable method.
It is for these reasons that the Districts requested that the County, when applying
for an operating permit from the RWQCB for Bee Canyon Landfill, check the box on the
permit application indicating the potential for future sewage sludge disposal. It
is intended to assure that the Regional Water Quality Control Board will consider
the operating permit in a manner so as not to preclude sludge disposal at Bee Canyon
should it be proposed and approved some time in the future if the MOU provisions are
satisfied; and require its construction in an environmentally sound manner in
accordance with the latest technology. It would be in the best interests of the
residents of Irvine, with or without sludge. If the County proceeds as proposed by
the Districts, we have offered to provide funding assistance for the construction of
the Bee Canyon Landfill to assure that these goals are achieved.
It is worth noting that a major consideration by the Sanitation Districts' Boards
of Directors in agreeing to form new County Sanitation District 14 to serve the
Irvine community was based largely upon recognition of the benefits to the community
of Irvine of allowing for the conveyance of sewage and industrial waste from Irvine
to the Districts' .regional treatment and disposal facilities in Fountain Valley and
Huntington Beach, and the reciprocal benefit to the Orange County community -at -large
of the ability to co -dispose of the community's wastewater residuals at Irvine's
landfills, if needed. In furtherance of that philosophy, the Sanitation Districts'
Boards of Directors, since approving formation of District 14, have also authorized
acceptance of sludge from the Irvine wastewater treatment plant to the Sanitation
Districts' joint treatment and disposal facilities. Certainly, this exemplifies the
cooperative spirit that prevails between our respective agencies that helps enable
us to best serve the interests of Orange County's citizens.
Let me reassure you that we are very sensitive to the need for Bee Canyon to proceed
on schedule and we will not impede that in any way. Toward that end, it seems in
the best interest of all affected parties and their respective constituents to meet
further and hopefully resolve this matter befp.re considering a change in course.
r
Way
era
JWS:sc
Attachment
cc: Board Members
Mr. Frank Bowerman, Director and Chief Engineer, Waste Management Program
Mr. William Woollett, Jr., City Manager, Irvine
R. A. SCOTT
DIRECTOR
COUNTY -7.
County of Orange
dtiii�•I�tiy .'
a GENERAL SERVICES AGENCY
August 16, 1988
Mr. J. Wayne Sylvester
General Manager
Orange County Sanitation Districts
P. 0. Box 8127
10844 Ellis Avenue
Fountain Valley, CA 92728-8127
Dear Wayne:
SUBJECT: RWQCB PERMIT APPLICATION FOR BEE CANYON LANDFILL
14 CIVIC CENTER PLAZA, FIRST FLOOR
SANTA ANA, CA 92701-4047
TELEPHONE. (714) 834-5500
After careful consideration, I have determined to withdraw the check from Box
IV. A. on the "Application for Facility Permit/Waste Discharge", Form 200, for
the Bee Canyon Landfill. That check mark indicated that the disposal of
digested sewage sludge at the Bee Canyon Landfill would be done subsequent to
the successful completion of an environmental impact report (EIR), in full
satisfaction of the terms and conditions of a Memorandum of Understanding
(MOU) between the County and the City of Irvine.
My decision to rescind that request for consideration at this time is because
it is imperative that the Bee Canyon landfill be implemented in a timely
manner. It is our intent to pursue that goal as a primary objective; the
issue of digested sewage sludge disposal would be considered under the terms
of the MOU at the time that the County Sanitation Districts determines that it
is appropriate to proceed with an EIR.
Please be assured of our continued
pursuit of suitable procedures for
believe it is of primary importance
in March of 1989, as planned.
Sincerely,
R. A. Scott, Director
General Services Agency
FRB:sma
desire to be supportive of you in your
the disposal of digested sewage sludge. I
to proceed with the opening of Bee Canyon
cc: James R. Bennett, California Regional Water Quality Control Board
William Woollett, Jr., City of Irvine
Paul Brady, City of Irvine
Charlene Gallina, City of Irvine
Frank R. Bowerman, GSA/Waste Management Program
,4, OUNTY OF RANGE
s �' /GENERAL SERVICES AGENCY
WASTE MANAGEMENT PROGRAM
1200 N. Main St., Suite 206
Santa Ana, California 92701
(714) &14-8100
August 16, 1988
James R. Bennett
Executive Officer
California Regional Water Quality
Control Board - Santa Ana Region
6809 Indiana Avenue, Suite 200
Riverside, CA 92506
Dear Jim:
R. A. SC:OTT
Director, General Services Agency
FRANK BOWERMAN
Director & Chief Engineer
H. WILLIAM KIRKWOOD
Assistant Director
This is to confirm my telephone discussion with you on August 16, 1988
regarding an amendment to the "Application for Facility Permit/Waste
Discharge", Form 200, dated July 11, 1988, for the Bee Canyon Landfill. This
request for amendment is to remove the check from the Box, IV. A., indicating
the potential for digested sewage sludge disposal. It is not our intent to
pursue the application under that condition at this time.
Best personal regards.
Sincerely,
Z75��,
Frank R. Bowerman
Director & Chief Engineer
GSA/Waste Management Program
FRB:sma
cc: R. A. Scott, General Services'Agency
William Woollett, Jr,, City of Irvine
Paul Brady, City of Irvine
Charl a Gallina, City of Irvine
ne Sylvester, Orange County Sanitation Districts
GSA/WMP/3351FRB
AUGUST 23, 1988
TO: CITY COUNCIL
FROM: MANAGER OF PLANNING SERVICES
FOR: CITY COUNCIL MEETING OF'AUGUST 23, 1988
SUBJECT: BEE CANYON LANDFILL - STATUS REPORT
RECOMMENDATIONS:
1. Receive staff report.
2. Council discussion and questions.
3. Direct staff to:
Continue monitoring, at the current level of participation, the implementation of
the 1984 Settlement Agreement for Bee Canyon Landfill to ensure that the proposed
landfill will be constructed and operated in an environmentally safe manner
acceptable to the City of Irvine.
OR
Direct staff to increase the monitoring activities relative to the implementation of
the 1984 Settlement Agreement for Bee Canyon Landfill to ensure that the proposed
Landfill will be constructed and operated in an environmentally safe manner
acceptable to the City of Irvine.
ISSUE:.
Should the City Council direct staff to continue monitoring, at the current level of
participation, the construction and operation of Bee Canyon Sanitary Landfill? Should
the City Council direct staff to increase the monitoring activities relative to the
construction and operation of Bee Canyon Sanitary Landfill? (See Location Map,
Attachment 1).
HISTORY:
On August 1, 1984, the City of Irvine and the County of Orange entered into a Settle-
ment Agreement to resolve litigation between the City and County over the proposed
Bee Canyon Landfill (Attachment 2). The Settlement Agreement created a binding
agreement with respect to the construction and operation of the Bee Canyon Landfill and
other matters of mutual concern by stipulating additional limitations and controls to be
implemented at the time of construction and operation of the Bee Canyon Landfill. On
June 7, 1988, the County of Orange Planning Commission unanimously voted to approve
Use Permit 87-23P and recertify final EIR 018 and Addendum IP 87-026. The Use Permit
allows the General Services Agency (GSA) to commence development and operation of
6HH211-03/CDD(3) _/
City Council �.
August 23, 1988
Page 2
Bee Canyon Sanitary Landfill to serve as the replacement site for Coyote Canyon
Landfill, which is scheduled to closed in 1989. All conditions identified in the 1984
Settlement Agreement were addressed and incorporated into the Use Permit and EIR
Addendum (Attachment 3).
On July 20, 1988, staff met with Mayor Agran, Councilman Dornan, and several
representatives from the North Irvine Villages Association (NIVA) to discuss the level of
monitoring activities associated with the' implementation of the 1984 Settlement
Agreement. As a result of this meeting, the City Manager's office directed staff to
assess the progress on monitoring the construction and operation activities of Bee
Canyon Landfill and to determine whether additional staffing and technical resources are
warranted to ensure that the Settlement Agreement is adequately implemented.
ANALYSIS OF ISSUES:
Issue 1: Settlement Agreement Assessment
Attachment 4 provides an assessment of the conditions included in the 1984 Settlement
Agreement. The purpose of this assessment is to determine whether the County of
Orange is in compliance with the Settlement Agreement 'and to ensure that Bee Canyon
Landfill is constructed and operated in an environmentally safe manner acceptable to the
City of Irvine.
Issue 2: Staff Allocation Levels
To date,' staff has been actively monitoring activities associated with Bee Canyon
Landfill, attending monthly meetings of the Waste Management Commission, reviewing
and commenting on environmental documents, technical studies, and has engaged in
discussions with County staff involved in the construction and operation of Bee Canyon
Landfill. However, due to limited staff, the City has not been as fully involved as
possible. Specifically, staff has not attended county meetings with other regulatory
agencies, consultants, refuse service operators, etc.
The present level of activity is based upon the Planning Services Division 1988-1989
Budget which only allocates approximately 1,000 hours towards monitoring, not only the
Bee Canyon Landfill Settlement Agreement, but also Coyote Canyon Landfill operation
and closure (September 1989) and revision of the 1985 County Solid Waste Management
Plan (February 1989).
Currently, staff time is fully committed to this and other City Council priority items.
Any reallocation of existing staff would adversely impact those items. If Council desires
to increase the level of staff activities relative to the Bee Canyon Landfill, then it is
recommended that additional staff be retained.
BUDGET IMPACT:
The 1988-89 Budget and Work Program for the Planning Services Division allocates .60
staff to monitor solid waste issues such as Coyote Canyon Landfill, Bee Canyon Landfill,
and the 1985 County Solid Waste Management Plan revision.
If the City Council increases activity on Bee Canyon Landfill, additional funding to
secure staff or retain consultant services would need to be further analyzed.
6HH211-03/CDD(3)
City Council
August 23, 1988
Page 3
CONCLUSION:
Staff recommends that the City Council direct staff to continue monitoring the
construction and operation of Bee Canyon Sanitary Landfill to ensure compliance with
the 1984 Settlement Agreement.
Prepared by: Charlene Gallina, Senior Planner
Submi
r�PA IR LAND
Manager of Planning Services
PI/CG:lk
Attachments
Approved by:
r
� ' 9��
`�W7L IL AM W41tmotJ e
City Manager
1. Vicinity Map
2. 1984 Settlement Agreement
3. Orange County Planning Commission Reso. No. 88-51 do 88-52 (Use Permit 87-23P)
4. 1984 Settlement Agreement Assessment
cc: Jim Frisbee, NIVA,
5 W. Trenton, Irvine, CA 92720
Diana Von Borries
23 Terra Cima, Irvine, CA 92720
Joe Hellas
800 N. Eckhoff Street, Orange, CA 92613
Gen Guilano
5 E. Delamesa, Irvine, CA 92720
Hal Maloney
141 West Remington, Irvine, CA 92720
Frank Bowerman, Director of Waste :Management Program, General Services Agency
1200 N. Main St., Suite 206, Santa Ana, CA 92701
Tom Wright, GSA
1200 N. Main St., Suite 206, Santa Ana, CA 92701
Wayne Sylvester, General Manager, Orange County Sanitation District
P.O. Box 8127, Fountain Valley, CA 92728-8127
Files: 87-GS-0163
General
6HH211-03/CDD(3) 17 - j
(EXCERPT)
4. Refuse C position 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 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."
Intent of Condition -
Condition was imposed to ensure that sewage sludge was not disposed at Bee Canyon
Landfill prior to completion a new environmental assessment and EIR.
Compliance Activities to Date -
On July 11, 1988, the County GSA submitted an application for a waste discharge permit
to the California Regional Water Quality Control Board (RWQCB). On this application,
GSA indicated the potential for sewage sludge disposal. According to GSA, this
application is not a request for sludge disposal, but rather to indicate that the future
potential is there as set forth in the Settlement Agreement between the City and County
of Orange, so that the RWQCB will take this issue into account when considering the
permit for Bee Canyon (Exhibit 4).
On July 20, 1988, staff met with Mayor Agran, Councilman Dornan, and several
representatives from the North Irvine Villages Association (NIVA) to discuss the
implication of the sewage sludge notation on the RWQCB Waste Discharge Permit
application. At this meeting, NIVA expressed concerns with sewage sludge disposal in
the Bee Canyon Landfill and stated that the County would be violating the terms of the
Settlement Agreement if RWQCB issued the Waste Discharge -Permit. NIVA requested
the City to investigate this action and to develop an action plan to counter the sewage
sludge proposal.
On August 4, 1988, staff met with Frank Bowerman and Tom Wright of GSA and Wayne
Sylvester of the Orange County Sanitation District (OCSD) to discuss the RWQCB
application for a Waste Discharge Permit and NIVA's concerns. At this meeting,
Mr. Bowerman and Mr. Sylvester indicated that they fully supported the provisions of the
Settlement Agreement and acknowledged the concerns of NIVA. By denoting the
potential for sewage sludge disposal, it was the County's intent to have the RWQCB"
consider the operating permit in a manner so as not to preclude sludge disposal should it
be proposed and approved some time in the future after Settlement Agreement provisions
were satisfied; and to request its construction in an environmentally sound manner. This
action was considered to be in the best interest of the City, with or without sludge.
In response to the County's action and NIVA's concerns, staff requested that the County
seriously consider revising the RWQCB Waste Discharge Permit application to delete the
notation that sewage sludge disposal is a potential at Bee Canyon Landfill. On August 9,
1988, fir. Bowerman informed staff that the County agreed to revise the. RWQCB Waste
Discharge Permit application deleting the sewage sludge notation. Staff will be closely
monitor this decision to ensure that the County submits a revised application.
City Council
August 23, 1988
Page 3
CONCLUSION:
Staff recommends that the City Council direct staff to continue monitoring the
construction and operation of Bee Canyon Sanitary Landfill to ensure compliance with
the 1984 Settlement Agreement.
Prepared by: Charlene Gallina, Senior Planner
Submi Approved by:
r�PA IR LAND '�WiL IL AM W
Manager of Planning Services City Manager
PI/CG:lk
Attachments <
1. Vicinity Map
2. 1984 Settlement Agreement
3. Orange County Planning Commission Reso. No. 88-51 do 88-52 (Use Permit 87-23P)
4. 1984 Settlement Agreement Assessment
cc: Jim Frisbee, NIVA,
5 W. Trenton, Irvine, CA 92720
Diana Von Borries
23 Terra Cima, Irvine, CA 92720
Joe Bellas
800 N. Eckhoff Street, Orange, CA 92613
Gen Guilano
5 E. Delamesa, Irvine, CA 92720
Hal Maloney
141 West Remington, Irvine, CA 92720
Frank Bowerman, Director of Waste Management Program, General Services Agency
1200 N. Main St., Suite 206, Santa Ana, CA 92701
Tom Wright, GSA
1200 N. Main St., Suite 206, Santa Ana, CA 92701
Wayne Sylvester, General Manager, Orange County Sanitation District
P.O. Box 8127, Fountain Valley, CA 92728-8127
Files: 87-GS-0163
General
6HH211-03/CDD(3) -
(EXCE'--)
i
4. Refuse Comoosition 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 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." I .
Intent of Condition -
Condition was imposed to ensure that sewage sludge was not disposed at Bee Canyon
Landfill prior to completion a new environmental assessment and EIR.
Compliance Activities to Date -
On July 11, 1988, the County GSA submitted an application for a waste discharge permit
to the California Regional'Water Quality Control Board (RWQCB). On this application,
GSA indicated the potential for sewage sludge disposal. According to GSA, this
application is not a request for sludge disposal, but rather to indicate that the future
potential is there as set forth in the Settlement Agreement between the City and County
of Orange, so that the RWQCB will take this issue into account when considering the
permit for Bee Canyon (Exhibit 4).
On July 20, 1988, staff met with !Mayor Agran, Councilman Dornan, and several
representatives from the North Irvine Villages Association (NIVA) to discuss the
implication of the sewage sludge notation on the RWQCB Waste Discharge Permit
application. At this meeting, NIVA expressed concerns with sewage sludge disposal in
the Bee Canyon Landfill and stated that the County would be violating the terms of the
Settlement Agreement if RWQCB issued the Waste Discharge -Permit. NIVA requested
the City to investigate this action and to develop an action plan to counter the sewage
sludge proposal.
On August 4, 1988, staff met with Frank Bowerman and Tom Wright of GSA and Wayne
Sylvester of the Orange County Sanitation District (OCSD) to discuss the RWQCB
application for a Waste Discharge Permit and NIVA's concerns. At this meeting,
Mr. Bowerman and Mr. Sylvester indicated that they fully supported the provisions of the
Settlement Agreement and acknowledged the concerns of NIVA. -By denoting the
potential for sewage sludge disposal, it was the County's intent to have the RWQCB"
consider the operating permit in a manner so as not to preclude sludge disposal should it
be proposed and approved some time in the future after Settlement Agreement provisions
were satisfied; and to request its construction in an environmentally sound manner. This
action was considered to be in the best interest of the City, with or without sludge.
In response to the County's action and NIVA's concerns, staff requested that the Countv
seriously consider revising the RWQCB Waste Discharge Permit application to delete the
notation that sewage sludge disposal is a potential at Bee Canyon Landfill. On August 9,
1988, Mr. Bowerman informed staff that the County agreed to revise the. RWQCB Waste
Discharge Permit application deleting tte sewage sludge notation. Staff will be closely
monitor this decision to ensure .hat the County submits a revised application.