1 / 18

Using the Tools You’re Given

Using the Tools You’re Given. How one LEA Dodged the Hearing Panel, Placed “Conditions” on an EA Notification and “Minimized” Odors with the “Aid” of Angry Citizens at a Problematic Composting Facility. Brief History. 1970s-Commercial Nursery 1980s-Adjunct Composting Operation began

ila-pate
Download Presentation

Using the Tools You’re Given

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Using the Tools You’re Given How one LEA Dodged the Hearing Panel, Placed “Conditions” on an EA Notification and “Minimized” Odors with the “Aid” of Angry Citizens at a Problematic Composting Facility City of San Diego LEA

  2. Brief History • 1970s-Commercial Nursery • 1980s-Adjunct Composting Operation began • 1999-Notice & Order (Cease & Desist) • 2000-Registration Permit issued • 2001-Notice & Order (Terms & Conditions) • 2003-Compliance • 2003-Notice & Order (Terms & Conditions & Cease and Desist) • 2004-Lawsuit/Settlement Agreement/EMS Plan • 2005-5-Yr. Permit Review/EA Notification • Current Status-Compliance

  3. Exceedances

  4. Aerial Photo

  5. Odor Complaints Received by LEA by Fiscal Year

  6. 2003-Notice & Order

  7. Appeal to Hearing Panel • Operator had no real desire to appear before Hearing Panel • Preservation of client’s rights • Began negotiations for Settlement Agreement • Environmental Management System EMS

  8. Lawsuit

  9. Settlement Agreement • Avoided Hearing Panel Appeal • Facilitated out-of-court Settlement of Lawsuit • Required Environmental Management System (EMS) Plan to be prepared by a qualified consultant • Placed “Terms and Conditions” on the Registration Tier Permit

  10. EMS Plan Features • Identified 7 Critical Control Points • Meteorological Monitoring-Weather Station • Diversion Strategies • Placement of Story Poles

  11. Story Poles

  12. Odor/Dust Minimization

  13. Five Year Permit Review • LEA Directive: • Change of tier to EA Notification • Update OIMP

  14. EA Notification • Limit volume to 10,000 cubic yard • Notification of Development Services Department • Renewed CUP enforcement • Settlement with Code Compliance

  15. Odor Complaints Received by LEA by Fiscal Year

  16. Conclusion Thinking outside the enforcement box Tiered permits limit LEA’s abilities to address local concerns Create enforcement options based on unique circumstances

More Related