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Gregory Canyon Landfill. California Integrated Waste Management Board Hearing December 14-15, 2004. San Diego County LEA Gary Erbeck, Director. Proposition C. Approved in 1994 by 68% voters: Amended General Plan & Zoning Ordinance All permits other than land use required
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Gregory Canyon Landfill California Integrated Waste Management Board Hearing December 14-15, 2004 San Diego County LEA Gary Erbeck, Director
Proposition C Approved in 1994 by 68% voters: • Amended General Plan & Zoning Ordinance • All permits other than land use required • Required CEQA process • LEA became the CEQA lead agency • Imposed specific mitigation measures
Proposition B • November 2004 ballot measure to repeal Proposition C • Defeated by 63% to 37% • Proposition C remains in effect • A form of public comment
Public Participation and EIR Process Circulated three drafts for public comment • Same distribution and advertisement for all drafts • Available in 7 public locations • Advertised in Union Tribune • Copy with printer for public reproduction • Last two drafts on Internet and on CD
Public Participation continued • Extended most comment periods beyond statutory 45 days • Two public hearings - Both in excess of 3 hours - Over 100 people testified at each
Public Participation continued • Total of 210 days of public review was provided for all drafts of EIR • Nearly 600 comment letters/testimony from individuals and agencies on all versions • LEA and County Counsel spent 2,124 hours spent on EIR
Public Participation continued • LEA Director certified Final EIR February 6, 2003 • CIWMB staff concurs that CEQA findings are sufficient and supported by record.
Permit Development • Crafted to protect public health and safety • Reflects LEA permitting & lead agency roles Consistent with Public Resource Code and Titles 14 & 27 • Worked closely with other regulatory agencies to address permitting issues • CH2MHill hired to assist LEA in permit development • Organized permit by phases for better management of mitigation measures
Permit Development continued • 243 site specific conditions associated with: - pre-construction & construction landfill operations - closure design and activities - post closure monitoring & maintenance • Ensures enforceability of 188 mitigation measures adopted in Final EIR • All issues raised were considered and resolved. • Close coordination with CIWMB staff
Permit Development continued • LEA completed proposed permit on June 2, 2004 and submitted to CIWMB staff • CIWMB staff report indicates no technical or regulatory issues remain • LEA and County Counsel spent 1,290 hours on permit development • Total of 3,414 hours spent on project
Other Permitting Agencies • San Diego Regional Water Quality Control Board • US Army Corps of Engineers • US Fish & Wildlife and State Fish & Game • Caltrans and other State agencies • County of San Diego Review permits and modify JTD and Permit as necessary
LEA Implementation Plan • LEA will hire one or more consultants to assist in oversight of Project • Oversee specialty reports and studies of biologists, archaeologist, noise specialist, etc. • Regular meetings with regulatory agencies • Enforce State minimum standards and all permit conditions
Benefits Analysis • Technical review of drafts by County departments • October 2003 Final Benefit Analysis • Includes: - permitted capacity - economic benefits - increase in tax revenues - consistency with County/State policies
Benefits Analysis Public Participation • Beyond CEQA requirements • Benefits Analysis posted on website and invited comments • Comments were also posted • LEA staff report posted on website • Invited comments and posted on website • Posted rebuttal comment on website
Benefits Analysis continued Package given to LEA Director, including: • Benefits Analysis • Initial public comments • LEA staff report • Both rounds of subsequent comments • Rebuttal comment
Benefits Analysis continued Other documents reviewed by Director: • Final EIR • Staff report on Final EIR • 1996 County Integrated Waste Management Plan including Siting Element • 2003 Draft Siting Element
San Diego County Landfill Disposal Capacity with New & Expanded Landfills(Based on Annual Permitted Disposal Tons) Obtained from Draft Siting Element
San Diego County Landfill Disposal Capacity with New & Expanded Landfills(Based on Annual Permitted Disposal Tons) Obtained from Draft Siting Element
LEGAL ISSUES Mark Mead, CEQA Legal Counsel Rod Lorang, LEA Legal Counsel
Summary • Project includes all feasible mitigation: • CEQA, Proposition C, LEA, other Agencies • Project meets all CIWMB requirements • No unresolved technical, regulatory, or mitigation issues • Benefits of landfill outweighs identified unmitigated impacts • Votes on Propositions C and B support this project
Statement of Overriding Considerations • Assist County in meeting 15 years capacity • Implement Policy 2.2 of Siting Element • Help implement Siting Element by providing capacity without relying on exportation • Added landfill capacity in North County • Select area where disposal facilities proposed to meet 15 years of capacity
SOC Modifications • Proposed liner system may set new and higher standard • GCL will contribute $1 Million for safety improvement on SR 76 • Landfill will generate economic benefits
San Diego County Landfill Disposal Permitted Capacitywith Additional Diversion 50% 55% 65% 75% Obtained from Draft Siting Element