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HomeMy WebLinkAbout1988-08-31 Select Committee (Bee Canyon)Select Committee Report August 31, 1988 Mr. Robbins also reported that the next step in the program would be to conduct a series of public workshops throughout the Districts' service area and reviewed preliminary plans for conducting the sessions. Information on the first round of work shops is being provided to Directors under separate cover. 2) Status Report on New Bee Canvon_la,3dfill Sludge Disposal Alternative. Because landfil_1 co -disposal of sludge with municipal refuse is the most reliable and environmental method it is the Districts' preferred long-term disposal option. However, the Districts' Solids Residuals Management Plan also incorporates a policy of practicing multiple reuse and/or disposal options to maximize recycling and ongoing disposal reliability. Nonetheless, there continues to be a need -for a landfill backup disposal option in case other disposal alternatives disappear. Accordingly, the Districts requested that the County of Orange Solid Waste Management'Office indicate the potential for future sludge disposal at the new Bee Canyon Landfill when submitting its application to the Regional Water Quality Control Board (RWQCB) for a permit to build and operate Bee Canyon northeast of the Irvine City boundary. Coyote Canyon, where we currently dispose of approximately 33% of our sludge production, will be replaced by Bee Canyon when it closes next year. Although the Districts have no immediate plans to propose sludge disposal at Bee because of other existing disposal/reuse alternatives being practiced, it was deemed prudent by our staff to indicate the potential of future sludge disposal at Bee so that the Regional Board would take that into consideration and the landfill could be engineered to accept waste under the most favorable environmental conditions, to the benefit of the citizens of Irvine and Orange County. Further, the Districts pay as much as $3,000,000 per year in tipping fees to the County of Orange based on the proposed new fee schedule. Disposal of sludge at the County's new Bee Canyon Landfill is precluded until CEQA and other requirements are satis'ied 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. Staff reported that unfortunately some residents from the North Irvine area, in the vicinity of Bee Canyon and the Irvine City Council have expressed concern over the Districts' request of the County and threatened possible legal action which could delay the opening of Bee. So, as not to delay. the opening of Bee Canyon next March, the County has, therefore, acceded to the City's request and will not indicate the potential for future sludge disposal in its application to the RWQCB for an operating permit. The Districts are certainly sensitive to the issue and do not wish to impair the opening of Bee Canyon Landfill on schedule. The matter remains open for the future pursuant to the conditions of the MOU between the County and Irvine. Enclosed is a separate staff status report summarizing the Bee Canyon issue. Staff will continue to work with interested parties to resolve some apparent misunderstandings as to sludge management practices and will keep the SN,ect Committee apprised. -2- RE: AGENDA ITEM J0 12 COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA August 31, 1988 10844 ELLIS AVENUE P.O. BOX 6127 FOUNTAIN VALLEY, CALIFORNIA 92728-8127 (7141 962-241 1 REPORT OF THE SELECT COMMITTEE Meeting Date: August 31, 1988 - 5:30 p.m. SELECT COMMITTEE: OTHERS PRESENT: Present: Don E. Smith, Joint Chairman Ron Hoesterey, Vice Joint Chairman Don R. Griffin, Past Joint Chairman Buck Catlin Sally Anne Miller Philip Maurer Don Roth Absent: Richard B. Edgar Tom Mays James Neal Gary Robbins, Urban Alternatives Thomas L. Woodruff, General Counsel STAFF PRESENT: J. Wayne Sylvester, General Manager Blake Anderson, Director of Tech. Services W.N. Clarke, Sr., General Superintendent Corinne Clawson, Public Information Officer 1) Update on Action Plan's Public Participation/Community Outreach Program. The Directors have previously 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. Mr. Robbins reported that one of the early steps in the Public Participation/ Community Outreach Program is to form a focus group 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. Focus groups have no statistical validity; they are designed to provide a deeper understanding of the attitudes, values and perspectives underlying a given issue than might otherwise be available through conventional opinion polling. While the basic ground rules allow for points of information to be exchanged between the facilitator and the participants, extensive "point -counterpoint" interaction between facilitator and participants is discouraged (Districts' staff are not in attendance and the group interaction is led by a moderator/facilitator) because one of the principal objectives of a focus group is to ascertain the existing perceptions and opinions of the participants. Thus, focus groups are more a source of ideas, questions and concerns than of answers and solutions. Mr. Robbins reviewed the feedback from the focus group meeting held on July 14th as outlined in the enclosed summary analysis. The input will be used to help focus the Districts' Action Plan efforts in the upcoming months. -1- August 31, 1988 STAFF REPORT RE STATUS ON NEW BEE CANYON LANDFILL SLUDGE DISPOSAL ALTERNATIVE COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA. 10844 ELLIS AVENUE P.O. BOX 8127 FOUNTAIN VALLEY. CALIFORNIA 92728-8127 (714) 962-2411 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 -1- August 31, 1988 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 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 -2- August 31, 198P 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 August 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. -3- AucPist 31, 1989 On August 23, 1988 the Irvine City Council considered and approved 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 continue to work on the Bee Canyon situation and keep the Directors apprised. -4- 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 Lar3fill 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, 1988. If you have any questions or concerns regarding this matter, please contact Charlene Gallina at 660-3934 by June 1, 1988. �t i e ` PA L 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 .(-I=S•:D 00 STATE OF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD J~� DEPARTMENT OF H=' 1—TH SERVICE7 r A\• - SOLID WASTE MANAGEMENT BOARD ^X 1 DEPARTMENT OF FORESTRY APPLICATION FOR FACILITY PERMIT/WASTE DISCHARGE This form is to be used for filing a/an: (check all appropriate) FOR OFFICE USE ONLY 1. LJ REPORT OF WASTE DISCHARGE Form 200 Rec'd (pursuant to Division 7 of the State Water Code) Fee (RWOCB) (SWMB) 2. APPLICATION FOR A HAZARDOUS WASTE FACILITY PERMIT Latter to Discharger (pursuant to Health and Safety Code Section 25200) Report Rec'd 3. APPLICATION FOR A SOLID WASTE FACILITIES PERMIT (pursuant to Government Code Section 66796.20) Effective Oats 4. APPLICATION FOR A RUB131SH DUMP PERMIT COF Notified (pursuant to Public Resources Code Sections 4371-4375 and 4438) DOHS No. SWMB No. I. FACILITY A. NAMa OF FACT LIT7 I TN"Fwewa < AOONNf■ 21F Coca E. NAMa' OF L[OAL O1a Nar1 OF FACILITY TrSU FweNa • l � s .00Paf< X.P COON C. HAMM OF ■USINa3s OFaNAT1NG PACILITY TNu►.Owa1 • AOONa.a it• COON O. 77Pa OF ■U31Na32 OVICNAT1N0 FACILITY ❑ Sala Proprietorship ❑ Partnership ❑ Corporation Govemrent Agency a. NAI<a OF OWNaxisl OF ■vaINa37 OFaNATINO FACILITY /TaLaPPlOwa1 • .00.a s< wwwa L.a.a, .."Ca w.T Na sawvae 210 COON 11. REASON FOR FILING Cw{CM .LL o..•O FwI. TN: A. New disctarge or -facility S.Existing discharge or facility C. U Increase in quantity of discharge 1 A. , rI Transfer station B. i— I Solid waste oisoosal site C. Hazardous wasts disposal site 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. 71 Sewage treatment E. Industry Ion -site oisoosal facility) F. Industry (discharge to sower) IV. TYPE OF -WASTE cw<Cn •LL ...wOPw�.rN: G. Change In business operating facility H. Enlargement of existing facility I. Other (explain below) G. n Woodwasre site H. Other (exclaim belowi A Sewage, sewage sludge, acid/or E. C Agricultural wastes I. Inert materials L, septic tanK DUmptngs �c S. Industrial wastes F. I I Animal wastes J. Dead animals C. I Municipal solid wastes G. i Forest product wastes K. �--( Tires 0.71 Hazardous wastes H. Construttionldemolition wastes L. Other (exoiain oelowl *Potential for sludge disposal in �e future, but only after environmental assessor sit & EIR in full satisfaction of conditions of MOU between Orange County & City of Irvine attached) V. SITC ❑ESIGN CAPACITY •. •<�<wT ON Ln r�Ow Ow Cw..CITT •. ONf�•w ro.V L. iIOw OF VLTIw.T< CA.♦CITY I C. "IV <1 P%C GT 11-161 Fa NM I" (Nav, sn<I (O VER) 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; (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 92728-8127 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 unah t.". ai_mi ., a t-ii-- abc-%,,e concerns of cur mer- erSI as 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 Irv�illages Assoc. Jim Frisbee President cc: Frank Bowerman Paul Ireland 4790 IRVINE BOULEVARD, SUITE 105; BOX 254 IRVINE, CALIFORNIA 92720 ONIVNorth Irvine Villages .Association Bee Canyon Landfill Discussion July 13, 1988 • The City as an Advocate Control & Trust City as an Insoector & 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 ?,Tastes Cnly way to save wildlife resources such as Bee Canyon The County has no viable plan pull out the o_lastics industry as a corporate partner Sludge No Sludge at Fee Canyon. Period. There is _precedent ?,'hen & If the EPA waiver for ocean dumping is disallowed then landfills will become prime alternatives. The Cdor 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 gl.udge dumping to new home buyers in N.I.? Septic tank pumpings? Could this hold up the opening of the Dump? that reed can the Sanitation District show for this? Is the Sanitation District overburdened ? SAR?•IGCB hEARINGS should be held in Irvine. CCSD public hearing to demonstrate need for Bee Canyon. blhat are the alternative disposal methods for the Sanitation District? ?.'hat 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 ,•mere is the plan from the County. Lots of delays. -1790 1RVINE BOULEVARD, SUITE 105; BOX 254 1RVINE,CALIFORNIA 92720 l UM J u J 4 J, L _ 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 RO. BOX 8127 General 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 bef;w,,e considering a change in course. era JWS:sc Attachment cc: Board Members Mr. Frank Bowerman, Director and Chief Engineer, Waste Management Program Mr. William Woollett, Jr., City Manager, Irvine couri h (c�cc nn•. GENERAL SERVICES AGEN August 16, 1988 Mr. J. Wayne Sylvester General Manager Orange County Sanitation P. 0. Box 8127 10844 Ellis Avenue Districts Fountain Valley, CA 92728-8127 Dear Wayne: SUBJECT: RWQCB PERMIT APPLICATION FOR BEE CANYON LANDFILL R. A. SCOTT DIRECTOR 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 desire to be pursuit of suitable procedures for the disposal believe it is of primary importance to proceed in March of 1989, as planned. Sincerely, R. A. Scott, Director General Services Agency supportive of you in your of digested sewage sludge. I with the opening of Bee Canyon FRB:sma 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 OU"TY OF RANGE 3 GENERAL SERVICES AGENCY WASTE MANAGEMENT PROGRAM 1200 N. Main St., Suite 208 Santa Ana, California 92701 (714) 834-8100 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. SCOT 7 Director, General Services Agency FRANK BOWERMAN Director R 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 Charlgne 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. 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). F:if. l`�[1 OMW On August 1, 1984, the Citv 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 finai 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) i 7—� 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 a To date,' staff has been" actively monitoring activities associated with Bee Canyon Landfill, attending monthly meetings or 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 Approved by: PA IR LAND `'WTLLIIA WJ Manager of Planning Services City Manager PI/C G: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. Trienton, 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) - (EXCEr—') 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 resoect 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 slud;,- 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 reseonse 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, 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 that the County submits a revised application.