HomeMy WebLinkAbout1996-09-16 - AGENDA REPORTS - CHIQUIA CYN LANDFILL (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
George Caravalho
NEW BUSINESS
DATE: September 16, 1996
SUBJECT: CONSIDERATION OF APPEAL OF LOS ANGELES REGIONAL
PLANNING COMMISSION ACTION OF SEPTEMBER 11, 1996
REGARDING THE CHIQUITA CANYON LANDFILL EXPANSION
DEPARTMENT: CITY MANAGER
On May 14, 1996, City Council adopted Resolution No. 96-72 opposing expansion of Chiquita
Canyon Landfill in the Santa Clarita Valley (copy attached). The Council had previously discussed
this project on August 22, 1995 and November 28, 1995 and directed staff to submit comments to
the County, The Council also supported Val Verde Civic Association in their efforts and authorized
the expenditure of $8,000,00 to review the projects potential air quality impacts.
On September 11, 1996, the Los Angeles County Regional Planning Commission (RPC) approved
the expansion with conditions (copy attached).
The approved project differs from the original proposed in the following ways:
The original request was for an expansion to about 30 million tons of
waste capacity; the Regional Planning Commission approved 18.2 million
tons.
2. The original request was to be allowed to receive a maximum of 10,000
tons per day of waste; the Regional Planning Commission approved 5,000
tons.
The applicant requested and received a new termination date for the
landfill to November 24, 2012,
F:ViOME\P W\CCAGENDA\CHQCYNLF.LMH
The RPC action becomes a final decision by September 26, at the earliest, unless an appeal is filed
for a hearing by the County Board of Supervisors. The Val Verde Civic Association has previously
requested the Council support such an appeal.
ANALYSIS
The City has spent significant resources and. time to convince Los Angeles County and other
jurisdictions in the State that greater emphasis needs to be placed on alternatives to new and
expanding landfills in urban and urbanizing areas.
The City participated in the public hearing process and provided comment on the Draft EIR,
expressing concern about the proposed projects visual and air quality impacts, potential groundwater
contamination, and traffic impacts.
RECOMMENDATION
Staff requests direction from Council.
ATTACHMENTS
Resolution No. 96-72.
RPC - Conditions of approval dated September 11, 1996
F:\IiOME\PVACCAGENDA\CHQCYNLF.LMH
RESOLUTION NO. 96-72
A RESOLUTION BY THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA
OPPOSING EXPANSION OF CHIQUITA CANYON LANDFILL
IN THE SANTA CLARITA VALLEY
WHEREAS, the Chiquita Canyon Landfill is an existing Class III disposal facility
located in the Santa Clarita Valley; and
WHEREAS, the Chiquita Canyon Landfill operates under a conditional Use Permit
issued by the County of Los Angeles; and
WHEREAS, the Conditional Use Permit will expire in 1997; and
WHEREAS, the landfill operators are currently seeking to expand the landfill's
capacity by 29.4 million tons from the existing permitted 3 million tons and acreage from 154
acres to 337 acres; and
WHEREAS, the proposed site service life is anticipated to be 10.5 years at maximum
requested permitted disposal; and
WHEREAS, the City of Santa Clarita has previously provided comments on the Draft
Environmental Impact Report to the Los Angeles County Regional Planning Commission
regarding such issues as visual and air quality impacts, potential groundwater
contamination, traffic impacts, and alternatives to the proposed landfill process and design,
including policy and technical alternatives; and
WHEREAS, the City of Santa Clarita has assisted the members of the Val Verde Civic
Association by providing funds for an independent air quality analysis to be conducted.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa
Clarita, California, does hereby determine:
SECTION 1. That the expansion of the Chiquita Canyon Landfill beyond its existing
conditional Use Permit is poor public policy, has potentially damaging environmental impacts
particularly in the area of air quality and should be opposed.
SECTION 2. That statements of opposition to the expansion by the Santa Clarita City
Council shall be forwarded to the County of Los Angeles Department of Regional Planning
and County of Los Angeles Board of Supervisors.
SECTION 3. That the City of Santa Clarita shall continue to actively encourage other
jurisdictions, most notably the County of Los Angeles and the City of Los Angeles, to place
greater emphasis on alternatives to new and expanding landfills in urban and urbanizing
areas,
SECTION 4, The City Clerk shall certify to the adoption of this resolution and certify
this record to be a full, true, correct copy of the action taken..
PASSED, APPROVED AND ADOPTED this 14Yh day of may , 1996.
Uw
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF SANTA CLARTTA )
I, Donna M. Grindev. City Clerk of the City of Santa Clarita, do hereby certify
that the foregoing Resolution was duly adopted by the City Council of the City of Santa
Clarita at a regular meeting thereof, held on the 1 drh day of May , 1996 by the following
vote of Council:
AYES: COUNCILMEMBERS: Klajic, Heidt, Boyer
NOES: COUNCILMEMBERS: Smyth
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS: Darcy `
CLERK
September 4, 1996
Los Angeles County
Department of Regional Planning
,9ireclor of Planning, James E Flarll AICP
TO: FRED GUIDO, CHAIRMAN
SADIE B. CLARK, VICE CHAIRMAN
DON TOY, COMMISSIONER
RICHARD C. WULLIGER, COMMISSIONER
PATRICIA J. RUSSELL, COMMISSIONER
FROM: RICHARD FRAZIER'" `'�
REGIONAL PLANNER II
SUBJECT: CONDITIONAL USE PERMIT 89081-(5)
CHIQUITA CANYON LANDFILL EXPANSION
AND RECYCLING FACILITIES
MEETING DATE: SEPTEMBER 11, 1996
ITEM NO. 5
At your meeting of January 8, 1996, the Commission (1) indicated
its intent,to approve a conditional use permit for an expansion of
the :Chiquita,Canyon Landfill and certain associated recycling
facilities and (2) instructed staff to prepare a final
environmental impact report for the project and findings and
conditions for the conditional use permit. These documents are
enclosed with this memo.
The applicant's original request was for an expansion containing
about 30 million tons of waste capacity and entitlement to receive
a maximum of 10,000 tons per day of waste. The Commission action
was for 10 year permit with a maximum intake of 5,000 tons of waste
per day and a design capacity for the landfill of 18.2 million tons
of waste. The recycling facilities were to receive a 30 year grant.
The Commission indicated a willingness to consider adjusting its
intended action if, during the process of preparing conditions,
staff found a basis for recommending a change.
The enclosed conditions comply with the Commissions intended order.
Condition 5 provides that the landfill portion of the permit will
terminate on 11/24/07 (ten years from the expiration date of the
current permit) or upon completion of the approved fill design,
whichever occurs first, and the portion of the permit for the
recycling facilities will expire on 11/24/27. Condition 9a provides
for a revised Exhibit "A", attached to the conditions, having a
fill capacity of 18.2 million tons of waste, and Condition 9d
restricts waste intake to 35,000 tons per week, an average of 5,000
tons per day.
The applicant, Laidlaw waste Systems, asks that the Commission
consider granting an additional 5 years on the landfill portion of
320 west Temple Street Los Angeles. CA 90012 .213 974 6411 FAX 213 626 0434
Chiquita Canyon
Page 2
the permit. Staff recommends this change in that it would allow
greater flexibility in responding to variations in demand for daily
waste disposal capacity and would encourage conservation of
disposal capacity at Chiquita Canyon. If the Commission wishes to
_---make this revision, adding 5 years, it should approve the following
` \ MOTION:
Amend Condition 5, changing the termination date
for the landfill to November 24, 2012.
�j The Commission requested that staff provide a condition for the
P yL Commission's consideration that would establish a procedure whereby
'N� Val Verde home owners might receive compensation for any proven
loss of property value as a result of landfill operation. Such a
provision is attached as Conditions xx and yy. If the Commission
wishes to adopt the compensation procedure provision, it should
approve the following MOTION:
Add Conditions xx and yy as Conditions 44 and 45. Also,
add the following sentence to Finding 27:
00 " Nevertheless, to provide for the possibility of
unforeseen hardship, the conditions of grant will
/ contain a procedure for compensation in the event of
proven loss."
Enclosures: Final EIR
Findings and Conditions
FINDINGS AND ORDER OF THE REGIONAL PLANNING COMMISSION
COUNTY OF LOS ANGELES
CONDITIONAL USE PERMIT NO. 89081-(5)
COMMISSION HEARING DATES: AUGUST 9, AUGUST 15, AUGUST 23,
SEPTEMBER 26 AND NOVEMBER 30, 1995; JANUARY 8, 1996
SYNOPSIS
Laidlaw Waste Systems, operator of the Chiquita Canyon Landfill,
applied for a Conditional Use Permit to continue and expand the
landfill and to construct and operate a materials recovery
facility. The proposed landfill expansion would have a capacity of
approximately 30 million tons of waste and would receive up to
10,000 tons of waste per day for disposal.
A draft environmental impact report for the project was prepared
and circulated for public and agency review. Two public hearing
dates before the Regional Planning Commission were duly noticed.
These hearings were scheduled for August 9, 1995, at the
Commission's hearing room, and August 23, 1995, at Valencia High
School.
Subsequent to noticing of the public hearings, the Board of
Supervisors directed that the Commission's hearing record on the
draft environmental impact report should remain open until at least
November 16, 1995.
PROCEDURE BEFORE THE COMMISSION
Hearing of August 9. 1995. Staff from the Departments of Regional
Planning and Public Works made presentations to the Commission.
Three persons, representing the applicant, briefly explained the
request and responded to questions from the Commission. At the
request of the applicant's representatives, the applicant's formal
presentation was deferred until after members of the public wishing
to testify in favor of the project had an opportunity to speak.
Fourteen persons, being local residents and business persons and
one landfill employee, spoke in favor of the project. At the
conclusion of this testimony, the Commission continued the hearing
to August 15, 1995, for the applicant's formal presentation.
Hearing of August 15, 1995. Six persons, representing the
applicant, explained the proposed project and responded to
questions from the Commission.
CONDITIONAL USE PERMIT NO. 89081- (5) PAGE 2
Field Trip of August 21, 1995. The Commission viewed the landfill
and the adjacent Valencia Commerce Center and community of Val
Verde. All members were present.
Hearing of August 23, 1995. The Commission conducted an evening
hearing at Valencia High School.
One person, representing the City of Santa Clarita, presented
comments from the city.
Thirty-seven persons testified in opposition. These included
residents of the communities of Castaic and Val Verde and
representatives of environmental groups. Spanish language
translation was provided.
Due to time limitations, the Commission continued the hearing to
September 26, 1995, in the Commission hearing room, to receive
additional opposition testimony.
Hearing of September 26 1995. The hearings reconvened at the
Commission hearing room.
Fourteen persons spoke in opposition to the project. At the
conclusion of this testimony, the Commission considered a request
from the Val Verde Civic Association that the Commission hold a
hearing at Val Verde Park. The Commission decided, instead, to
continue the hearings to November 30, 1995, in the Commission
hearing room, to afford opponents an additional opportunity to
testify.
Hearing of November 30, 1995. One person, representing the City of
Santa Clarita, presented written comment from the City on the draft
environmental impact report.
Nineteen persons testified in opposition to the project. One
person spoke in favor.
Having afforded all persons present an opportunity to testify, the
Commission continued the public hearing to January 8, 1996, to
receive the applicant's rebuttal, and indicated that written
comment would be received through 5:00 p.m., November 30.
Hearing of January 8 1995. Six persons, representing the
applicant, spoke in rebuttal. At the conclusion of this
presentation, the Commission closed the public hearing and, by a
vote of 5-0, instructed staff to prepare a final environmental
impact report and findings and conditions for approval of the
project, based upon 18.2 million tons of waste capacity and a
maximum disposal rate of 5,000 tons per day.
CONDITIONAL USE PERMIT NO. 89081- (5)
PAGE 3
FINDINGS
1. The Chiquita Canyon landfill is an existing Class III waste
disposal facility located on the north side of State Route 126
westerly of 'Interstate 5, in the vicinity of the community of
Val Verde. The landfill is operated by Laidlaw Waste Systems
on land leased from Newhall Land and Farming.
The landfill commenced operation in 1972. Laidlaw acquired
its interest in the facility in 1986.
2. The Chiquita Canyon facility has operated under a series of
zoning entitlements. The most recent of these is Conditional
Use Permit 1809-(5), approved November 24, 1982. This permit
expires on November 24, 1997.
3. Conditional Use Permit 1809-(5) allows waste to be accepted at
Chiquita Canyon 24 hours per day, 7 days per week. But use
during night time hours is limited to commercial and public
waste haulers and a maximum of 15 trucks. There is no maximum
daily waste intake specified in the use permit. However, the
Solid Waste Facility Permit (issued by the County Department
of Health Services) limits waste to 5,000 tons per day. The
waste received at the landfill includes sewage sludge. The
sludge .is currently disposed in the fill.
The landfill has in the past received waste at its 5,000 tons
per day limit, but recently has operated at a much lower rate.
Laidlaw reports that in 1994, the facility received an average
of approximately 1,720 tons per day.
4. Conditional Use Permit 1809-(5) authorized the fill to rise to
an elevation of 1,220 feet above sea level. The operator
estimates that at the current, reduced intake rate, about 25
months of disposal capacity (1,090,000 tons) would remain in
the approved landfill design at the time of permit expiration
on November 24, 1997..
5. The applicant proposes to continue operation of the landfill
beyond 1997 by expanding the fill capacity by approximately
29.4 million tons of waste. The maximum elevation of fill
would increase to 1,430 feet above sea level (210 feet above
the current limit).
The filling would occur over lined portions of the existing
landfill and in adjacent areas to the east and west which have
not previously been part of the fill. The applicant further
proposes that the quantity of waste received to be disposed at
the fill be increased to a maximum of 10,000 tons per day.
Access would continue to be from the existing entrance on
State Route 126, although modifications to the entrance would
be made to accommodate the increased waste flow.
CONDITIONAL USE PERMIT NO. 89081- (5)
PAGE 4
At 10,000 tons per day, the landfill expansion would have a
service life of about 8 years, beginning in 1997. By
comparison, at 5,000 tons per day, the expansion would have
capacity for 16 years of waste disposal, and at the current
level of waste intake, 50 years of capacity.
6. The applicant also requests authorization to conduct
composting operations at the landfill. The compost would
consist of a mix of sewer sludge and shredded green waste.
The applicant estimates that a maximum of 400 tons per day of
green waste and 160 tons per day of sludge may be composted.
The composting may be by an open, "windrow system" or an "in -
vessel system". Use of sludge on-site as a soil amendment and
of green waste for daily cover is also proposed.
7. The applicant further proposes to establish a materials
recovery and recyclable household hazardous waste facility on
a site adjacent to the east side of the landfill. The
facility would handle up to 500 tons per day of source
separated material and small quantities of household hazardous
waste that can be recycled. No commercial hazardous waste
would be accepted. The facility would be accessed via Wolcott
Way, an entrance road to the Valencia Commerce Center.
8. The bulk of the subject property is zoned A-2-2 and A-2-5
(Heavy Agriculture -Two and Five Acre Minimum parcel sizes).
The balance of the property, primarily the easterly portion to
be occupied by the recycling facility, is zoned M-1.5 DP
(Restricted Heavy Manufacturing -Development Program). The
requested uses may be sited within these zones with a
Conditional Use Permit. No other zoning entitlements are
required.
9. Approval of a conditional use permit is dependent (among other
things) upon a finding of conformance with the general plan.
Other required findings relate to: compatibility of the
proposed use with adjacent property; adequacy of the site for
the intended use; and availability of adequate access and
utilities. The applicant's written burden of proof relative
to these factors, dated July 27, 1995, was received and
reviewed by the Commission. The factors are further addressed
in the project environmental impact report, referenced below.
10. The Solid waste Management Plan, contained in the Public
Facilities Element of the County General Plan, depicts the
Chiquita Canyon Landfill as an existing facility with capacity
which will be filled by the year 2000. Such depiction is not,
however, a determinant of plan consistency.
CONDITIONAL USE PERMIT NO. 89081- (5)
PAGE 5
The plan provides that in considering a waste disposal
facility the Regional Planning Commission shall be guided by
the "expertise" of agencies such as the County Departments of
the Public Works and Health Services and the State Regional
Water Quality Control Board and the Air Quality Management
District. "The criteria to be applied by the Commission in
considering an application include the regional and local need
for the specific waste disposal facility as well as the
potential impacts the use will have on the community. These
impacts include but are not limited to noise, odor, visual,
circulation/traffic, air and water quality, seismic safety and
safety. Regional need should not outweigh the impact on the
community. Potential hazards should be given greater
consideration than the regional need".
11. The bulk of the subject property is classified "Hillside
Management" on the Santa Clarita Area Plan. Hillside
Management is a rural designation applicable generally to
steeply sloping terrain. A small portion of the property at
its northeast corner is classified "Open Space" and another
portion in the southeast area of the property is designated
"Industry".
The "Open Space" classified area was formerly owned by the
Federal Government and was assigned the open space designation
for that reason. The property has since been exchanged in a
land transfer and is in private ownership. Because the
property is now privately held, it should be treated as non-
urban (rural) under the criteria of the Santa Clarita Area
Plan.
12. The area plan provides that subject to restrictions "to
minimize environmental disruption and the loss of scenic and
open space uses..." waste disposal facilities that require
canyon locations as a buffer to urban uses may be sited within
non -urban hillside management areas.
The applicable restrictions are as follows:
The proposed use should be located and designed so as not
to conflict with established or planned community land
use and circulation patterns. Whenever necessary, the
proposed land use should be located and designed so as to
provide an appropriate land buffer between potentially
disruptive, polluting and/or hazardous uses and
surrounding lands.
The proposed use shall be located in areas deemed
suitable from an ecologic, geologic, and topographic
standpoint. The design must minimize the environmental
and geologic impacts of the project and preclude ground-
water contamination.
CONDITIONAL USE PERMIT NO. 89081- (5)
PAGE 6
Access, egress, and onsite parking should be provided in
a manner that maximizes safety and minimizes adverse
impacts on surrounding land use patterns. Convenient all
weather access will be required for fire fighting
purposes.
The design and location of the project should ensure that
the transport of toxic, explosive, or otherwise hazardous
substances will avoid existing or planned residential
communities. Building and site design of any potentially
volatile or otherwise hazardous land use should consider
as its prime objective the health, safety, and welfare of
the community in which it is situate or to which it is
proximate.
The proposed site should be appropriately landscaped,
fenced, and screened too minimize the visual impact on
surrounding and overlooking residences. Particular
consideration shall be given to noise, odor, 'lights, and
traffic impacts on neighboring development.
In identified hazard areas, the design of proposed
developments should include use of appropriate hazard
mitigating or avoidance measures. Such hazards include
fire and flooding.
13. The portion of the property classified "Industry" is,
generally, the location of the proposed recycling facility.
SR -126 (the main access route to the landf_11) is classified
as a scenic drive and is proposed for further study as a
"First 'Priority" scenic route. SR -126 is classified as a
major highway on the County Highway Plan. Santa Clarita Area
Plan policies suggest that SR -126 may be reclassified in the
future as an expressway.
14. Under the California Integrated Waste Management Act, the
County is required to prepare and adopt a Countywide
Integrated Waste Management Plan, including a siting element
providing for at least 15 years of waste disposal capacity.
The County Department of Public Works is currently preparing
the plan, including assessments of the need for and
availability of landfill space.
The Department of Public Works projects that even with full
realization of waste reduction and recycling goals and maximum
expansion/utilization of existing landfills, the County's
landfill disposal capacity will eventually decline to the
point it will be inadequate to meet the County's daily waste
disposal need. The actual time of need for additional
capacity will depend upon a number of variables, in particular
the final closure dates of certain major landfill .facilities
in Los Angeles County.
CONDITIONAL USE PERMIT NO. 89081- (5)
PAGE 7
15. The County's current landfill policies date to adoption of its
Solid Waste Management Action Plan on April 5, 1988, by the
Board of Supervisors. Action 7 of the plan provided in part:
"Support the revision of all existing permits at the Azuza
Western, Chiquita Canyon, North Valley (Sunshine Canyon),
Puente 'Hills and Scholl Canyon Landfills to provide for the
maximum, technically and environmentally feasible expansion of
these sites...".
16. Val Verde, a community predominately of single family homes on
small lots, lies to the northwest of the landfill site. To
the east is a developing commercial and industrial park,
currently containing a Post office facility and one light
industrial occupancy. The land to the immediate north, west
and south of the landfill is undeveloped and/or devoted to
agricultural use.
17. The undeveloped lands to the west, east and south of the
landfill are owned by the Newhall Land and Farming Company,
which is also the owner of the landfill property.
18. A Draft Environmental Impact Report (DEIR) was prepared and
circulated for agency and public review. The Commission
received extensive comment on the DEIR from both the public,
and government agencies, including the Departments of Public
Works and Health Services, the Regional Water Quality Control
Board, the Air Quality Management District and other State and
County agencies having responsibility for permitting of waste
disposal and processing facilities.
19. Following completion of the written comment period and public
hearings on the DEIR, the Commission directed that a final
environmental impact report (EIR) be prepared.
The EIR contains a detailed description of the project and
documents the 'projects' potential impacts and the proposed
measures which could be undertaken to mitigate such impacts.
The findings of fact with respect to these impacts and
mitigation measures, a monitoring and reporting program, and
a statement of overriding considerations for those impacts of
the project which cannot be reduced to insignificance, are
appended hereto as Attachment "A" and are included in these
findings by reference as if set forth in full herein.
20. The EIR includes analysis for Traffic/Access, Biota,
Geotechnical Hazard, Cultural Resources, Flood
Hazard/Hydrology, Water Quality, Air Quality, Odor and other
Nuisance, Visual Quality/Landform Alteration, Noise, Services,
Fire Hazard and Public Health environmental factors.
CONDITIONAL USE PERMIT NO. 89081- (5) PAGE 8
The EIR concludes that even with available mitigations,
significant residual impacts would occur in the areas of air
quality and landform alteration. Specifically:
Operational emissions of ozone precursors (NOx and ROC)
and PM10 (fine dust) would exceed South Coast Air Quality
Management District thresholds of significance and
nuisance odors may potentially result from composting;
Construction emissions of NOx would exceed South Coast
Air Quality Management District thresholds of
significance during construction periods;
There would be a permanent change in landform due to the
landfill and recycling facility development.
21. In assessing the available alternatives as discussed in the
project EIR and during the public hearing, the Commission
finds that it should grant authorization for a maximum waste
disposal rate of 5,000 tons per day at the landfill and an
initial increment of the proposed expansion having a capacity
of approximately 18.2 million tons. At the 5,000 ton per day
rate of fill, this first increment would have a maximum life
of 10 years. Additional capacity may be approved in the
future, if, the demand for in County fill capacity continues as
now projected.
22. Based upon the project EIR, with reasonable care and due
diligence in the regulation and operation of the landfill,
hazard to the neighboring community and public services will
not occur. Approval of the landfill expansion in increments
will serve to assure that the landfill will be operated in
compliance with the Conditions of grant and that any warranted
changes in conditions can be made, if necessary, in connection
with future applications for expansion.
23. The Commission finds that the proposed materials recovery
facility should be authorized for a 30 year term of grant.
The proposed site of this facility is within a developing
business park and the nature of operation and its planned
appearance is such that it will be fully compatible with other
contemplated uses. The facility also has the potential to
provide a necessary service in assisting to achieve waste
diversion and recycling goals. A fixed term of grant is,
however, appropriate to enable adjustments .in the grant which
may become necessary due to future changes in circumstances.
24. The Commission does not find it appropriate to require that
the Materials Recovery Facility be constructed and operated as
a condition of entitlement to expand the landfill. However,
CONDITIONAL USE PERMIT NO. 89081- (5)
PAGE 9
the applicant's offer of such a facility was a significant
factor in the Commission's decision to authorize the continued
operation of the landfill. The Commission therefore expects
the applicant -permittee to exercise good faith and due
diligence in working to establish the facility.
25. The applicant's submitted plans, copies of which are on file,
verify that there is adequate area at the landfill and
materials recovery site for necessary ancillary facilities,
including recycling areas and employee parking.
26. The traffic, access and utility services for the project are
addressed in detail in the EIR and attached environmental
findings.
The proposed materials recovery facility (MRF) site, which as
noted in Finding 13, above, is classified "Industry" on the
Santa Clarita General Plan, is also designated "urban
expansion" on the Development Policy Map of the County General
Plan. As such, development of the site with an urban use is
subject to a finding of conformance with Development Monitoing
System (DMS) criteria. Development of the MRF site and
adjacent area were previously found in conformance with DMS
criteria in connection with approval of the Valencia Commerce
Center in Conditional Use Permit 87360-(5), the findings for
which are incorporated herein by reference. An urban services
analysis and environmental assessment specific to the proposed
MRF were included in the project EIR for Conditional Use
Permit 89081-(5). Findings with respect to the economic,
social and environmental DMS factors for the MRF are contained
in Attachment "A". The conditions of grant for the MRF will
require that the MRF development comply with all
infrastructure and design specifications of Conditional Use
Permit 87360-(5).
27. A portion of the burden of proof for a conditional use permit
is that "... the requested use at the location proposed will
not... be materially detrimental to the . valuation of
property of other persons located in the vicinity of the
site".
Opponents of the landfill have maintained that extension of
the landfill as proposed would significantly diminish the
value of property within adjacent residential areas. Studies
on this subject have been commissioned by the applicant and
presented to the Commission. The Commission determines that
the preponderance of evidence does not support a finding that
the modified project would be materially detrimental.
CONDITIONAL USE PERMIT 89081-(5)
PAGE 10
BASED ON THE FOREGOING; THE COMMISSION CONCLUDES:
A. The use as modified and conditioned is consistent with the
adopted general plan.
B. As modified and with the attached restrictions and conditions,
the requested use will not adversely affect the health, peace,
comfort or welfare of persons residing or working in the
surrounding area and will not be materially detrimental to the
use, enjoyment, or valuation of property of other persons
located in the vicinity of the site and will not jeopardize,
endanger or otherwise constitute a menace to the pubic health,
safety or general welfare.
C. The site is adequate in size and shape to accommodate the
development features prescribed in the Zoning Ordinance and
otherwise required to integrate the use requested with the
uses in the surrounding area.
D. The site has adequate traffic access and is adequately served
by other public or private facilities which it requires.
COMMISSION ACTION:
The Regional Planning Commission:
A. Approves the final environmental impact report prepared for
the project and certifies that it has independently reviewed
and considered the information contained therein; and
B. Certifies that the Final Environmental Impact Report has been
completed in compliance with the California Environmental
Quality Act, the State Guidelines, and the County Guidelines;
and
C. Determines that the conditions of approval and mitigation
measures discussed in Attachment "A" are the only mitigation
measures for this project which are feasible and that
unavoidable significant effects of the project after adoption
of the mitigation measures, are as described in Attachment
"An
D. Determines that the remaining, unavoidable environmental
effects of the project, as described in Attachment "A", have
been reduced to an acceptable level and are outweighed by the
specific social, economic and environmental benefits of the
project as stated in said Attachment "A".
In view of the findings of fact presented above, Conditional Use
Permit 89081-(5) is GRANTED with the attached conditions and
monitoring program.
CONDITIONAL USE PERMIT 89081-(5)
VOTE:
Concurring;
Dissenting;
Abstaining;
Absent;
Date of Action;
Rev. 8/21/96
PAGE 11
CONDITIONS OF PROJECT APPROVAL CONDITIONAL USE PERMIT 89081-(5)
1. Unless otherwise apparent from the context, the term "permittee" shall include the
applicant and any other person, corporation, or other entity making use of this grant.
2. This grant shall not be effective for any purpose until the permittee and the owner
of the property involved (if other than the permittee) have filed at the office of the
Department of Regional Planning their affidavit stating that they are aware of, and
agree to accept, all of the conditions of this grant.
3. The permittee shall defend, indemnify and hold harmless the County, its agents,
officers, and employees from any claim, action, or proceeding against the County or
its agents, officers, or employees to attack, set aside, void or annul this permit
approval, which action is brought within the applicable time period of Government
Code Section 65907 or other applicable time period. The County shall promptly
notify the permittee of any claim, action, or proceeding and the County shall
cooperate fully in the defense. If the County fails to promptly notify the permittee
of any claim, action, or proceeding, or if the County fails to cooperate fully in the
defense, the permittee shall not thereafter be responsible to defend, indemnify, or
hold harmless the County.
In the event that any claim, action or proceeding as described above is filed against
the County, the permittee shall within ten days of the filing pay the Department of
Regional Planning an initial deposit of $5,000, from which the actual costs shall be
billed and deducted for the purpose of defraying the expense involved in the
department's cooperation in the defense, including, but not limited to, depositions,
testimony and other assistance to the permittee or the permittee's counsel. The
permittee shall also pay the following supplemental deposits, from which actual costs
shall be billed and deposited.
a. If during the litigation process the actual costs incurred decrease the account
to less than $1,000, an amount necessary to restore the balance to $5,000.
There is no limit to the number of supplemental deposits that may be
required before completion of the litigation.
b. At the sole discretion of the permittee, the amount of an initial or
supplemental deposit may exceed the minimum amounts defined herein.
The costs for collection and duplication of records shall be paid by the permittee
according to the provisions of Section 2.170.010 of the County Code.
4. Attached to these conditions is a Monitoring Program which is incorporated into
these conditions by reference. The permittee shall fully perform each action required
of the permittee by the monitoring program as if it were specifically set forth in these
conditions.
5. This grant, as it applies to the approved landfill expansion described in Condition 9,
will terminate upon the completion of the approved fill design, as shown on Exhibit
"A," or on November 24, 2007, whichever occurs first.
Should this grant as it applies to the landfill expansion terminate without new or
additional permits having been granted, no further waste shall be accepted for
disposal. However, the permittee is authorized to continue such facilities in
operation as are necessary to complete mitigation measures required by this grant,
for closure or post -closure maintenance required by federal, state and local agencies,
or for operation of the materials recovery facility described in Condition 10, the
recyclable household hazardous waste facility described in Condition 11 and the
composting facility described in Condition 12. All facilities not required for
mitigation, closure or post -closure maintenance or such recycling facilities shall be
removed unless they are of a type permitted as a matter of course by the zoning
regulations then in effect.
This grant as it applies to the materials recovery facility described in Condition 10,
the recyclable household hazardous waste facility described in Condition 11 and the
composting facilities described in Condition 12 shall terminate on November 24,
2027. Use of the property thereafter shall be in accord with the regulations then in
effect.
6. If any provision of this grant that is challenged by the permittee is held or declared
to be invalid, the permit shall be void and the privileges granted hereunder shall
lapse.
7. The subject property shall be developed, maintained and operated in full compliance
with the conditions of this grant and any law, statute, ordinance or other regulation
applicable to any development or activity on the subject property, including but not
limited to those permits, if any, issued by the following agencies:
a. The Local Enforcement Agency and the California Integrated Waste
Management Board;
b. The California Regional Water Quality Control Board, Los Angeles Region;
C. The South Coast Air Quality Management District;
d. The California Department of Fish and Game;
e. The California Environmental Protection Agency;
f. The California Department of Transportation;
g. The U.S. Army Corps of Engineers
Failure of the permittee to cease any development or activity not in full compliance
shall be a violation of these conditions.
8. Notice is hereby given that any person intentionally violating a provision of this grant
is guilty of a misdemeanor. Notice is further given that the Regional Planning
Commission or a hearing officer may; after conducting a public hearing, revoke or
modify this grant if the Commission or hearing officer finds that these conditions
have been violated or that this grant has been exercised so as to be detrimental to
the public health or safety or so as to be a nuisance.
9. This grant allows the establishment and operation of a Class III landfill, together
with certain ancillary and related activities as enumerated herein, subject to the
following restrictions as to use:
a. Liquid or hazardous waste or radioactive waste/material shall not be
accepted. Should such prohibited waste be nevertheless received at the
landfill, it shall be handled and disposed of as provided in Condition 26. The
term "liquid waste" as used herein does not include non -hazardous sludges
meeting the requirements contained in Title 23, Chapter 15 of the California
Code of Regulations for disposal in a Class III landfill.
b. No portion of the expanded landfill may extend above the plane or outside
of the surface area of the fill design as shown on the approved site plan,
attached as Exhibit A.
As used in this Condition 9b "landfill' refers to the portion of the subject
property in which waste is to be permanently placed and then buried under
daily and interim cover material but excludes adjacent cut slopes, temporary
storage areas, and any materials recovery facility, composting facility,
recyclable household hazardous waste facility, and ancillary facilities
authorized by this grant. Allowance for settlement of fill shall not be made
in determining compliance with this Condition 9b.
C. Nothing in Condition 9b or elsewhere in these conditions shall be construed
to prohibit the permittee from applying for new permits to expand the landfill
or to otherwise modify the conditions of this grant.
d. The net tonnage placed in the landfill shall not exceed 35,000 tons per week
(5,000 tons per day average based upon 7 working days per week).
e. The net tonnage of waste placed in the landfill on any given day shall not
exceed 6,000 tons.
f. Net tonnage shall not include:
_ Clean dirt or other approved materials used for daily cover, to cover
and prepare interim and final fill slopes, or for other construction
purposes; and
3
Waste processed and put to a beneficial use on the landfill or
separated or otherwise diverted from the waste stream and exported
from the landfill for the purpose of recycling or reuse, in accord with
the restrictions of Condition 9j and the agreement entered into
pursuant to Part II of the attached monitoring program, and including
waste handled through any materials recovery facility, household
hazardous waste facility or composting facility within the restrictions
set forth in Conditions 10, 11, and 12.
g. The Board of Supervisors may increase the net tonnage allowed by Conditions
9d and 9e to 49,000 tons per week and 7,700 tons maximum per day if the
Board of Supervisors, upon the joint recommendation of the Local
Enforcement Agency and the Director of Public Works, determines that an
increase is necessary to appropriately manage the overall County waste stream
for the protection of the public health and safety. Not more than 355 days of
overages may be given over the life of this grant.
h. Operating hours may be 24 hours per day, 7 days per week.
i. The permittee shall operate the landfill in a manner which maximizes the
amount of waste which can be placed within the available approved volume,
including but not limited to the following:
Investigate and implement, as appropriate, methods of diverting or
reducing high volume -low density materials which are not capable of
being readily compacted;
Investigate and implement, as permitted by the appropriate regulatory
agencies, methods to reduce the volume of daily cover required; and
Utilize waste materials received and processed at the landfill, such as
shredded green waste, as a supplement to daily, intermediate and final
cover, to the extent deemed technically feasible and acceptable by
regulatory agencies.
j. Notwithstanding any other provision of this grant, the permittee shall not
knowingly impede or prevent the attainment of waste "diversion objectives of
city and county Source Reduction and Recycling Elements and the County
Integrated Waste Management Plan adopted pursuant to Division 30 of the
Public Resources Code.
k. Business signs are allowed as permitted in Zone C-1.
Nothing in this Condition 9 or elsewhere in these conditions of grant shall be
construed to require the permittee to engage in any act which is in violation
of any state or federal regulation.
M. The County reserves the right to exercise its police power to protect the
public health, safety and general welfare by managing the county -wide waste
stream, including such activities as the setting of appropriate taxes or fees.
n. The daily waste limits specified in this Condition 9 may be varied with the
approval of the Local Enforcement Agency to respond to a declared
emergency.
10. This grant allows the establishment and operation of a materials recovery facility,
subject to the following restrictions as to use:
a. The facility shall be no larger than 60,000 square feet in size, and shall be
designed to accommodate no more than 500 tons per day of materials.
b. Nothing in this Condition 10 or elsewhere in these conditions shall be
construed to prohibit the permittee from applying for new permits to expand
the materials recovery facility or to otherwise modify the conditions of this
grant.
C. Nothing in this Condition 10 or elsewhere in these conditions shall be
construed to require the permittee to engage in any act which is in violation
of any state or federal regulation.
d. Operating hours may be 24 hours per day, 7 days per week, for purposes of
processing materials, operating equipment, and/or maintaining the facility.
e. The delivery of material to the materials recovery facility by all but
commercial and municipal entities shall not occur outside the hours of
6:00 a.m. to 8:00 p.m., 7 days per week.
f. Vehicles removing recyclable materials from the materials recovery facility
may access the facility 24 hours per day, 7 days per week.
g. Site development shall substantially conform to Exhibit "A', any requirements
of Conditional Use permit 87360 not in conflict with the provisions of this
grant, and the mitigations listed in the visual impact section of the
environmental impact report for this Conditional Use Permit 89081-(5).
11. This grant allows the establishment and operation of a recyclable household
hazardous waste facility, subject to the following restrictions as to use:
a. The facility may be used by the general public to drop off recyclable
household hazardous wastes, including, but not limited to, used motor oil,
used latex paints, used anti -freeze, and used batteries. The facility is not to
be used for general use by commercial or industrial entities.
5
b. The facility shall be no larger than 2,100 square feet in size, exclusive of
ingress and egress.
C. Nothing in this Condition 11 or elsewhere in these conditions shall be
construed to prohibit the permittee from applying for new permits to expand
the recyclable household hazardous waste facility or to otherwise modify the
conditions of grant.
d. Recyclable materials shall not be collected in quantities or stored for periods
which would cause the need for a hazardous waste facilities permit unless
such permit has already been obtained.
e. Nothing in this Condition 11 or elsewhere in these conditions shall be
construed to require the permittee to engage in any act which is in violation
of any state or federal regulation.
f. Operating hours may be 24 hours per day, 7 days per week, for purposes of
processing materials, operating equipment, and/or maintaining the facility.
g. The delivery of material to the recyclable household hazardous waste facility
by members of the general public shall not occur outside the hours of
6:00 a.m. to 8:00 p.m., 7 days per week.
h. The facility shall be staffed continuously during operating hours by an
individual trained in hazardous materials management.
i. Site development shall substantially conform to Exhibit "X, any requirements
of Conditional Use Permit 87360 not in conflict with the provisions of this
grant, and the mitigations listed in the visual impact section of the mitigation
monitoring summary reference in the mitigation monitoring program for this
Conditional Use Permit 89081-(5).
12. This grant allows the establishment and operation of a composting facility, using
either windrow or in -vessel technology, together with certain ancillary and related
activities as enumerated herein, subject to the following restrictions as to use:
a. The facility may be used to receive, process and compost green waste and
biosolids, and to store and distribute finished mulch, biomass fuel and
compost.
b. The facility shall consist of a receiving and processing area no more than 4
acres in size, a composting area no more than 30 acres in size, and a storage
and distribution area no more than 7 acres in size.
C. Nothing in this Condition 12 or elsewhere in these conditions shall be
construed to prohibit the permittee from applying for new permits to expand
A
the composting facility or to otherwise modify the conditions of grant.
d. The composting operation shall receive no more than 400 tons per day of
green waste and 160 tons per day of wastewater biosolids.
e. Nothing in this Condition 12 or elsewhere in these conditions shall be
construed to require the permittee to engage in any act which is in violation
of any state or federal regulation.
L Operating hours may be 24 hours per day, 7 days per week.
g. Access by customers for purposes of removing finished mulch, biomass fuel
and compost shall not occur outside the hours of 6:00 a.m. to 8:00 p.m., 7 days
per week.
h. All windrow areas shall be located on existing compacted landfill areas
meeting all requirements of regulatory agencies for such use.
i. The permittee shall comply with all rules for odor abatement and prevention
of the South Coast Air Quality Management District and the County
Department of Health Services (LEA). The permittee shall not allow odors
to become a nuisance in adjacent residential areas. In the event odors
become a nuisance in adjacent residential areas, permittee shall take all
necessary steps to abate that nuisance. If the permittee, despite the
application of the best available technology and methodology, cannot abate
nuisance odors resulting from composting, the permittee shall terminate such
operations.
13, The subject property may be used for the following ancillary facilities or activities:
Offices, employee facilities, and truck and equipment storage and
maintenance facilities related directly to the landfill, the materials
recovery facility, the composting facility, the recyclable household
hazardous waste facility and/or other waste handling and processing
operations allowed under this grant, but excluding offices and other
facilities related to any unrelated enterprises operated by the permittee
or others;
Leachate collection and processing facilities;
Facilities necessary for the collection, disposal, utilization and
distribution of landfill gases as required and/or approved by the South
Coast Air Quality Management District; and
Facilities necessary for fire protection and similar purposes.
7
14. If the landfill regularly meets its weekly and/or daily maximum limit, as set forth in
Condition 9d and 9e, the permittee shall implement a program to avert wasted trips
to the landfill and illegal disposal, which program shall include
a. Scheduling of regular users, such as commercial and municipal haulers, to
prevent them from arriving at the landfill and being diverted to other landfills;
and
b. Reservation of capacity for small commercial and private users, unless an.
alternate landfill located within 15 miles of the permittee'slandfill is available
to accept such users.
15. The permittee shall implement programs if necessary to discourage trucking of
partially filled loads to the landfill by commercial and municipal haulers. The
permittee shall also take such measures as are necessary to prevent queuing of trucks
waiting to enter the landfill on State Route 126.
16. The permittee shall install and/or pay for traffic improvements as set forth below,
to the extent deemed warranted by the County's Department of PublicWorks and
the California Department of; Transportation. As used in this condition, "warranted"
means justified on the basis of established standards of the County, the California
Department of Transportation and/or by accepted traffic engineering practice.
Improvements may include, as determined by the County and the California
Department of Transportation:
a. Installation of advance entrance signs on State Route 126 on both sides of the
landfill entrance notifying motorists of the approaching entrance and of the
exclusive left -turn and right -turn lanes for landfill traffic;
b. Installation of a second incoming truck scale at the landfill entrance before•
acceptance of waste in the landfill expansion area or as otherwise directed by
the Local Enforcement Agency. In the event the permittee or the Local
Enforcement Agency determines that an additional truck scale is necessary
before acceptance of waste in the expansion area, the permittee shall install
a temporary truck scale as soon as reasonably feasible. Any such temporary
scale shall be replaced by a permanent truck scale upon completion of any
necessary permitting and construction;
C. Coordination with the California Department of Transportation on its State
Route '126 widening project to provide for a left -turn and
acceleration/deceleration lane in the center of State Route 126 near the
landfill entrance;
d. Installation of a traffic control signal at the entrance of the landfill as may be
required based on a warrant analysis approved by the California Department
of Transportation;
M
C. As required to serve the materials recovery facility, improve Wolcott Way
from State Route 126 to the materials recovery facility site and the site
frontage to the satisfaction of the Director of Public Works; and
f. Permittee's financial contribution toward the installation of a traffic control
signal at the intersection of State Route 126 and Interstate 5, as may be
required by a warrant analysis approved by the California Department of
Transportation. Permittee's contribution shall be based on permittee's
facilities' traffic impacts as a percentage of total traffic at this intersection.
17. Except as otherwise provided in this condition, the final landfill surface shall be
concurrently reclaimed and revegetated as described in the Revegetation and Erosion
Control Program (Oasis Associates, Inc. March, 1995) developed for the landfill
expansion.
If the Local Enforcement Agency determines either (1) that a different design or
plan would better protect the public health and safety and would enable revegetation
of the final landfill surface as well as or better than the Revegetation and Erosion
Control Program, and/or (2) that a change is dictated by revisions to the minimum
standards adopted by the California Integrated Waste Management Board, and as
a result the Local Enforcement Agency directs the implementation of a different
design and/or plan, then the permittee shall not be bound by the provisions of this
condition.
18. A temporary vegetation cover shall be established on all slopes and other areas that
are to remain inactive for a period longer than 180 days.
The permittee shall employ expert assistance to carry out this condition. Soil
sampling and laboratory analysis shall be conducted before revegetation to identify
chemical or physical soil properties that may adversely affect plant growth and
establishment. Soil amendments and fertilizer recommendations shall be applied and
plant materials selected as indicated by the tests. To the extent possible, plant types
shall blend with species indigenous to the area and be drought tolerant and shall be
capable of rapid establishment. For specific requirements, see the Revegetation and
Erosion Control Program (Oasis Associates, Inc., March 1995).
19. The permittee shall utilize the most effective available technology and methodology
to avert fugitive dust emissions which may be a nuisance or hazard in adjacent
populated locations or which may cause significant damage to wildland resources.
In addition to the revegetation measures required in Conditions 17 and 18 and listed
in the mitigation monitoring summary, the permittee shall comply with the
regulations approved by the Local Enforcement Agency and the rules for dust
abatement and prevention of the South Coast Air Quality Management District.
20. The permittee shall employ the most effective available technology and methodology
to prevent litter which enters the area under the permittee's control in the form of
E
waste from escaping the area. The permittee's on-site litter control program shall
include, unless otherwise provided by the Local Enforcement Agency, the fallowing:
a. Landfill personnel shall regularly patrol the access road from the scales to
the working face from the time it opens to the time it closes in the evening;
b. Improperly covered or contained loads which may result in a significant
release of litter shall be immediately stopped and the condition corrected, if
practicable, before the load proceeds to the working face. If correction
cannot be made, the load shall be transported under escort to the working
face.
C. All debris found on or along the entrance and working face access roads shall
be immediately removed;
d. Operating areas shall be located in wind shielded portions of the landfill
during windy periods;
e. The permittee shall install temporary litter fences in the operating areas, as
deemed necessary by the Local Enforcement Agency to enforce the intent of
this condition; and
f. The permittee shall require open -bed trucks exiting the landfill either to be
swept clean of loose debris or to be covered so as to minimize the possibility
of litter escaping onto State Route 126.
21. The permittee shall, to the satisfaction of the Director of Public Works and the Local
Enforcement Agency, maintain programs aimed at controlling the discharge and
recovery of litter from uncovered or improperly covered or contained loads traveling
to the landfill.
The measures shall include an effective tarping program, which if necessary in the
estimation of the Director of Public Works and the Local Enforcement Agency, shall
provide for mandatory sale of tarps to violators and/or punitive fees and exclusion
from the landfill of repeated violators.
22. The permittee shall post a sign at the entry gate at State Route 126 which indicates
the following:
a. The telephone number by which persons may on a 24-hour basis contact the
permittee to register complaints and/or comments regarding landfill
operations;
b. The telephone number of the Local Enforcement Agency and the hours when
the number is manned; and
10
C. The telephone number of the enforcement offices of the South Coast Air
Quality Management District and the hours when the number is manned.
23. The permittee shall at all times during operating hours maintain adequate staff to
promptly respond to litter and other complaints from the surrounding neighborhood.
24. Except as otherwise provided in this condition, areas outside of and above the cut
and fill shown on Exhibit (including borrow areas) shall not be graded or similarly
disturbed to create the landfill areas approved in Condition 9b or new soil stockpile
areas or disturbed areas for construction staging not shown on Exhibit A. The
Director of Public Works may approve additional grading if the Director determines,
based upon engineering studies provided by the permittee and independently
evaluated by the Director, that such additional grading or disturbance is necessary
for slope stability or drainage purposes or for soil stockpiling or construction staging.
Such a determination shall be documented as provided in Part I of the attached
monitoring program.
In the case of soil stockpiling and staging areas not shown on'Exhibit "A" or located
within the approved fill area, the permittee shall submit a letter from a qualified
biologist certifying that the affected area is not a location of biological sensitivity as
identified in the project environmental impact report. No approval shall be granted
under this condition which will result in expanding the area or height of fill or in
lowering or significantly modifying any of the ridgelines surrounding the landfill.
Nothing in this condition shall be construed as prohibiting the installation of water
tanks, access roads, flares, or similar facilities or mitigation programs required by this
grant or by permits issued by other public agencies.
25. The permittee shall implement a program to identify and conserve any significant
archaeological or paleontological materials which may be present in accord with this
condition. If any evidence of such materials is discovered during earth moving
activities, landfill operations shall cease in that immediate area and said area shall
be preserved until a qualified archaeologist or paleontologist has made a
determination as to the significance of the site or findings. Any significant
archaeological or paleontological resources shall be recovered, to the extent
practicable, before resuming activities in that area of the landfill.
26. The permittee shall implement a comprehensive waste load checking program
designed to exclude disposal of liquid and hazardous wastes and radioactive material
at the landfill, which program shall comply with the requirements of this condition
and Part III of the attached monitoring program and any additional requirements of
the Local Enforcement Agency, the California Environmental Protection Agency, the
Regional Water Quality Control Board, and the California Integrated Waste
Management Board.
11
Restrictions on disposal of radioactive material and hazardous and liquid wastes and
the procedures for proper disposal at other appropriately classified disposal sites or
waste processing facilities shall be provided to waste haulers on a routine basis.
Notices shall also be posted at prominent locations at the landfill to inform waste
haulers of the rules governing the disposal of liquid and hazardous waste, and
radioactive material.
In the event that material known or suspected to be hazardous waste or radioactive
material is discovered at the landfill, the permittee's agent shall:
a. If the vehicle that delivered the waste is still present, attempt to identify the
driver and obtain his driver's license number and vehicle's license number;
b. Immediately make all required notifications to State and County agencies; and
C. If possession of the material is not immediately taken by a public official,
store the material at a site developed in accord with the regulations of the
California Environmental Protection Agency and the Regional Water Quality
Control Board until disposed of in accord with applicable State and Federal
Regulations.
The permittee shall also provide effective vector control measures as directed by the
County Department of Health Services.
Nothing in this condition shall be construed to permit the maintenance of a
hazardous waste disposal facility at the landfill.
27. The permittee shall contact the Department of Public Works to determine whether
an Industrial Waste Disposal Permit is required. No activity for which a permit is
required shall be initiated on the subject property before a permit is obtained and
any required facilities are installed. The permittee shall keep any required permits
in full force and effect and shall fully comply with any requirements thereof.
28. The permittee shall install drainage structures and comply with all other drainage
requirements of the Department of Public Works and any additional requirements
of the Regional Water Quality Control Board and any other regulatory agency with
appropriate jurisdiction. Except as specifically otherwise provided by the Department
of Public Works, all drainage structures, including sedimentation basins, shall be
designed and constructed so as to accommodate run-off from a capital storm.
The landfill and drainage structures shall in all cases be designed so as to cause
surface water to be diverted away from disposal areas.
The permittee shall further comply with all grading requirements of the Department
of Public Works and County Ordinance.
12
29. The permittee shall install and maintain containment (liner) systems and leachate
collection and removal systems as approved and required by the Regional Water
Quality Control Board;
30. The permittee shall install and test ground water monitoring wells as required by the
Regional Water Quality Control Board and shall promptly undertake any action
directed by the Regional Water Quality Control Board to correct or prevent
contamination which may affect ground water quality or water conveyance or storage
facilities. Any testing or remedial actions deemed necessary by the Regional Water
Quality Control Board to correct or prevent contamination or to determine the
existence of any contamination from the existing landfill operated by the permittee
which, in the opinion of the Regional Water Quality Control Board, should be
completed or guaranteed before commencement of landfill expansion shall be
completed or guaranteed by the permittee before commencement of the expansion
to the satisfaction of the Regional Water Quality Control Board,
31. The permittee shall maintain on-site fire response capabilities, construct access roads,
provide water tanks, water mains, fire hydrants and fire flows and perform brush
clearance to the satisfaction of the County Forester and Fire Warden.
32. All on-site fuel storage tanks shall be installed and necessary containment and air
quality controls provided in accord with the requirements of the County Forester and
Fire Warden, the County Department of Public Works, the Regional Water Quality
Control Board, and the South Coast Air Quality Management District.
33. The permittee shall take all necessary measures to ensure that noise emissions from
the on-site facilities at any residential receptor are within the limits of the County
Noise Ordinance, as contained in Title 12 of the County Code.
34. Unless otherwise authorized by the South Coast Air Quality Management District,
the permittee shall install and maintain a best available control technology landfill
gas collection system in compliance with the requirements of the South Coast Air
Quality Management District. The permittee shall also control the lateral migration
of gases to the satisfaction of the Department of Public Works, the Local
Enforcement Agency, the California Integrated Waste Management Board and the
South Coast Air Quality Management District, as applicable.
35. Landfill gas flares shall be below the adjacent ridges and the flames shall be totally
contained within the stack, unless otherwise required by the South Coast Air Quality
Management District. Flame arresters shall be provided to the satisfaction of the
County Forester and Fire Warden.
36. The permittee shall adopt and implement operational practices to mitigate vehicular
and other air quality impacts as required by the South Coast Air Quality
Management District.
13
37. The permittees shall operate the on-site facilities in a manner which conserves water,
including but not limited to the following:
a. The permittee shall investigate the feasibility of treating collected leachate on-
site for reuse in the landfill and shall, if feasible and approved by the
appropriate agencies, implement a program to utilize such water;
b. Soil sealant, pavement and other control measures shall be used wherever
possible in preference to water for dust control; and
C. Drought -tolerant plants shall be used to the extent possible to revegetate.
38. The permittee shall comply with any applicable provisions of Sections 1601-1603 of
the California Fish and Game Code and Section 404 of the Clean Water Act before
alteration of drainage courses and shall mitigate any disturbed wetland habitat or
jurisdictional habitat to the satisfaction of the California Department of Fish and
Game and/or the United States Army Corps of Engineers, as applicable.
39. To the extent permitted by law, the Local Enforcement Agency shall have the
authority to order the immediate cessation of landfilling or other activities at the site
if it determines that the health, safety and/or welfare of the inhabitants of the
County of Los Angeles so requires. Such cessation shall continue until such time as
the Local Enforcement Agency determines that the conditions leading to the
cessation have been eliminated or reduced to a level which no longer poses an
unacceptable threat to such health, safety and/or welfare.
40. In order to undertake and administer planning studies for unincorporated
communities in the vicinity of the landfill, the permittee shall pay to the Department
of Regional Planning $75,000 on July 1, 1998, $75,000 on July 1, 1999, and $100,000
on July 1, 2000. In order to provide funding for community planning needs as
identified by such planning studies, the permittee shall pay to the Department of
Regional Planning $30,000 per annum commencing July 1, 2001 and continuing each
July 1 for the life of this grant applicable to the landfill. The funds received shall be
placed in an interest bearing trust account until used for the specified purposes.
41. The permittee shall pay to the County of Los Angeles a fee equal to ten percent
(1001o) of the sum of the following:
The net tipping fees collected at the landfill (excluding any tipping fees
received for waste processed at the materials recovery, recyclable household
hazardous waste and composting facilities approved in Conditions 10, 11 and
12), the net tipping fee being the total collected less any other fees or taxes
imposed by any federal, state or local agency and included in the fee charged
at the landfill entrance;
Gas to energy or direct gas sale revenues, less any federal, state or local fees
14
or taxes included in such revenues.
Should the County impose a business tax on landfill revenues, the amount received
from the permittee shall be credited against the fees required by this Condition 41.
42. As agreed, the permittee shall make a good faith effort to establish and maintain,
based on, among other things, economic viability, the materials recovery and
recyclable household hazardous waste facilities approved in Conditions 10 and 11.
Rev. 9-3-96
15
z
e
�EF �
fill!
(!C() 9FEfiti gii ,1
�$
MONITORING PROGRAM
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
An Attachment to the Conditions of Grant for
Conditional Use Permit 89081-(5)
DEFINITIONS. Unless otherwise apparent from the context, the term "Condition(s)"
shall refer to a condition or conditions of Conditional Use Permit No. 89081-(5), also
referred to herein as the "grant", and "project" shall refer to the overall landfill expansion
and the addition of a materials recovery facility, a recyclable household hazardous waste
facility, a composting facility, and/or any ancillary facilities approved by said use permit.
The term "permittee" shall be as defined in Condition 1 of the permit. The term "Local
Enforcement Agency" shall refer to the entity or entities [currently the Los Angeles
County Department of Health Services] designated pursuant to the provisions of Division
30 of the Public Resources Code to permit and inspect solid waste disposal facilities and
to enforce state and local regulations and permits; provided, however, that should at any
time the function of Local Enforcement Agency be assigned to an entity which is not
designated by the Board of Supervisors, any functions assigned to the Local Enforcement
Agency through the monitoring program and the conditions of grant which are not by
law the prerogative of the Local Enforcement Agency shall be delegated by the Board of
Supervisors to an entity of its selection.
PURPOSE. This monitoring program is intended to ensure compliance with the
conditions of grant and other mitigations as set forth in the final environmental impact
report for the project, in accord with the provisions of Section 21081.6 of the Public
Resources Code, and to complement the enforcement and monitoring programs routinely
administered by County agencies, including the Local Enforcement Agency, and by
public agencies other than the County of Los Angeles. Such other agencies include the
California Integrated Waste Management Board, the California Regional Water Quality
Control Board, Los Angeles Region, the State Water Resources Control Board, the
South Coast Air Quality Management District, and the California Department of Fish
and Game.
The overall responsibilities of the monitoring agencies are more specifically described in
the document entitled "Mitigation Monitoring Summary - Chiquita Canyon Landfill
Expansion/Closure and Resource Recovery Facilities Project" contained in Appendix "A'
of the final environmental impact report for the project.
PART I — LANDFILL ELEVATIONS. The following measures shall be carried out to
monitor compliance with Conditions 9.b, and 24 which set limits upon the height of fill
and disturbance to adjacent areas.
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
An Attachment to the Conditions of Grant for
Conditional Use Permit 89081-(5)
A. Other than as needed to establish on-site access roads, before commencing
expansion of the landfill beyond the limits established by Conditional Use Permit
1809-5 the permittee shall install survey monuments around the perimeter of the
approved fill area as depicted on Exhibit A (referenced in Condition 9b) at points
where they will not be subject to disturbance by landfill development.
The spacing, location and characteristics of the monuments shall be as specified
by the Department of Public Works. The monuments shall be inspected by the
Department of Public Works after installation and an as installed plan, approved
by the Department of Public Works, shall be provided to the Local Enforcement
Agency.
Not less than 60 nor more than 90 days before the due date for the Biennial
Report required in Part VII, the permittee shall cause a licensed surveyor or
registered civil engineer to conduct a survey of the landfill elevations and to
submit the results to the Department of Public Works for approval. Such a survey
shall also take place within 60 days after the occurrence of any earthquake of
magnitude Richter 5.0 or greater having an epicenter within 20 miles of the
landfill, and upon the completion of the final fill.
The Department of Public Works may also conduct or order such on-site surveys
as it deems necessary or as requested by the Local Enforcement Agency and shall
promptly report any apparent violation revealed by a survey to the Department of
Regional Planning and the Local Enforcement Agency.
B. Should the Director of Public Works approve grading or other disturbance to
areas outside the cut and fill limits shown on Exhibit"A" pursuant to the
provisions of Condition 24, the Director shall refer a copy of such authorization to
the Department of Regional Planning and the Local Enforcement Agency.
PART II —WASTE PLAN CONFORMANCE. The provisions of this part are intended
to insure compliance with the provisions of Conditions 9d -9j and conformity of landfill
operations with city and county plans adopted pursuant to Division 30 of the State Public
Resources Code.
A. Before November 24, 1997, the permittee shall enter into an agreement with the
County of Los Angeles providing for:
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
An Attachment to the Conditions of Grant for
Conditional Use Permit 8908145)
1. Controlling and accounting (as further provided in Part II B) for waste
entering and (in the form of recycled or diverted material) leaving the
landfill, in accord with plans adopted by cities and the County pursuant to
Division 30 of the Public Resources Code;
2. The implementation and enforcement of programs intended to maximize
utilization of the available fill capacity, as set forth in Condition 9i; and
3. The implementation of waste diversion and recycling programs in accord
with the applicable city and county plans.
The agreement required in this Part II A. or any portion thereof, may be waived
if the Local Enforcement Agency, the Director of Public Works and the County
Counsel, jointly, determine that such provisions may be incorporated in the solid
waste facilities permit for the landfill.
Should all or parts of any applicable city and County plans not be adopted before
the expansion of the landfill, an interim agreement may be entered into pending
adoption of the plans.
The agreement required by this Part II A shall include provision for amendment
as necessary to maintain conformity with applicable city and County plans. Copies
of the initial agreement and any amendments shall be referred to the Depart-
ments of Public Works and Regional Planning, the Local Enforcement Agency,
and to each city within the County of Los Angeles which has adopted plans and is
a significant disposer of waste to the landfill.
B. The agreement required in Part II A shall provide that the permittee shall
maintain scales to verify the weight of waste received, diverted and recycled. The
agreement shall also provide that the permittee shall, as set forth in the agree-
ment, maintain records necessary to document tonnage and compliance with waste
restrictions imposed pursuant to the conditions of grant and the agreement
together with such additional records concerning the composition and origin of
waste that are needed to develop city and County waste management plans.
The agreement may provide, subject to the availability of appropriate hardware
and software, for electronic recording devices to document weights and other
records.
3
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
An Attachment to the Conditions of Grant for
Conditional Use Permit 89081-(5)
All records shall be available at the landfill for inspection by the Local
Enforcement Agency and authorized representatives of the Departments of Public
Works and Regional Planning and the Treasurer and Tax Collector during normal
business hours and shall be routinely forwarded to such agencies as may be
provided in the agreement and in the agreement adopted pursuant to Part II.
PART III — HAZARDOUS WASTE EXCLUSION. This part incorporates the program
to be implemented by the permittee and the Local Enforcement Agency, and which was
designed to exclude liquid, radioactive and hazardous wastes from the landfill in
accordance with the provisions of Conditions 9a and 26.
A. The permittee shall maintain a comprehensive waste load checking program,
which shall include the following.
1. All waste hauling vehicles shall be screened at the scales with a radiation
detector device, acceptable to the Local Enforcement Agency, for the
presence of radioactive materials.
2. The scale operator shall question each incoming driver as to the nature of
the load. Sensors capable of detecting volatile organic compounds,
acceptable to the Local Enforcement Agency, shall be installed and used as
directed by the Local Enforcement Agency.
3. The load checker shall inspect for contamination all large loads of soil
brought into the landfill from points not known to be free of
contamination. For purposes of this paragraph, "contamination" shall mean
any substances contained in such soil that are not approved to be in such
soil pursuant to the Special Waste Acceptance Program.
4. The dumping area shall be monitored for hazardous and liquid waste and
radioactive waste or materials. This monitoring shall be accomplished by
equipment operators and spotters who have been trained in a monitoring
program approved by the Local Enforcement Agency.
S. Manual inspection of randomly selected refuse loads shall be conducted.
The frequency of inspections shall be as determined by the Local
Enforcement Agency. The checking program shall be conducted by
9
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
An Attachment to the Conditions of Grant for
Conditional Use Permit 89081-(5)
personnel trained in accordance with a program approved by the Local
Enforcement Agency.
6. If on the basis of monitoring of the dumping area and of random
inspections the Local Enforcement Agency determines that significant
amounts of hazardous, liquid or radioactive waste or material may
entering the landfill, the Local Enforcement Agency may direct an
expanded inspection program, including additional, unannounced manual
inspections.
PART IV — MITIGATION AGREEMENT. Before November 24, 1997, the permittee
shall enter into an agreement with the County providing for indemnification of the
County for any damages to public property which may result from landfill operations and
for any expenses which may be incurred by the County in performing any on-site or
off-site remedial work which may be necessitated by the permittee's failure to operate or
maintain the landfill at an acceptable level or the permittee's failure to perform in a
timely manner. The performance areas covered shall include, but not be limited to,
landscaping, litter and dust control, noise control, vector control and maintenance of
slopes and drainage structures. The standard for operation and maintenance shall be as
established by the provisions of this grant and by accepted industry practice.
To secure performance on the agreement, the permittee shall tender to the County a
certificate of deposit, letter of credit or other security acceptable to the County in the
amount of one million dollars ($1,000,000). The security shall be in addition to all other
security required by federal, state and local regulations and permits, including other
performance security required by this permit and State landfill closure regulations.
Upon termination of the grant applicable to the landfill the security shall be released
and returned to the permittee.
PART V — HORTICULTURAL MONITORING. This part is intended to promote
compliance with the provisions of Conditions 17 and 18 concerning on-site planting and
maintenance.
A. The permittee shall, before commencing expansion of the landfill beyond the
limits established by Conditional Use Permit 1809-5, retain the services of a
consulting horticulturalist or landscape architect to supervise the on-site slope
planting required as a condition of grant and this monitoring program. The
R
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
An Attachment to the Conditions of Grant for
Conditional Use Permit 89081-(5)
permittee's selection shall be approved by the Local Enforcement Agency with the
advise of the Staff Biologist, Department of Regional Planning.
The consulting horticulturalist or landscape architect shall be a person who by
education, training, experience and professional standing, as evidenced by
appropriate licensing, registration and/or academic standing in the field of horti-
culture, is qualified to carry out the specific requirements of the position.
B. Should at any time during the life of the grant plus any additional required
maintenance period the initially -selected consultant terminate employment, a
replacement shall be retained and approved as provided in Part V A.
C. The permittee shall make and maintain records to track fill areas in accordance
with Regional Water Quality Control Board requirements. These records shall be
used to indicate areas transferred to an inactive status and therefore potentially
subject to being vegetated as provided in Condition 18. The permittee shall make
copies of such records available to the consulting horticulturalist or landscape
architect and the Local Enforcement Agency on a routine basis and to other
regulatory agencies upon request.
PART VI — RECYCLING AND ANCILLARY FACILITIES. This part is intended to
provide a means to enforce compliance with Conditions 10,11,12 and 13 concerning the
provision of recycling and ancillary facilities at the landfill, and to verify that such
facilities are consistent with other conditions of the grant and the monitoring program
and with the provisions of the County Zoning Ordinance.
Before obtaining building permits for any of the recycling or ancillary structures to be
provided at the site, the permittee shall submit to the Director of Planning a specific site
plan for such structures. The plan shall be in sufficient detail to establish compliance
with the conditions of the grant and with the standards of the County Zoning Ordinance,
including the provisions of said ordinance relating to the provision and development of
parking, as set forth in Part 11, Chapter 52, Title 22 of the County Code.
If approved, the Director shall forward copies of the plans to the Department of Public
Works and the Local Enforcement Agency.
PART VII — MONITORING REPORTS. This part is intended to provide for a means of
continuing oversight of landfill operations as a supplement to the routine enforcement
0
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
An Attachment to the Conditions of Grant for
Conditional Use Permit 89081-(5)
activities of the various regulatory agencies having control over the development,
operation and maintenance of the landfill.
A. The permittee shall prepare and submit biennial monitoring reports to the
Regional Planning Commission, the first such report being due December 1, 1999
and subsequent reports being due December 1, every other year until closure of
the landfill.: At least 60 days before the due date, draft copies of the report shall
be submitted to the following for review and comment:
1. The Local Enforcement Agency;
2. The Director of Public Works;
3. The Los Angeles County Forester and Fire Warden;
4. The California Regional Water Quality Control Board, Los Angeles
Region;
5. The South Coast Air Quality Management District;
6. The Community Advisory Committee, required pursuant to Part VIII of
this monitoring program.
Each referral shall include a request that comments be sent to the Regional
Planning Commission in care of the Director of Planning on or before the due
date of the report. The permittee shall provide documentation of each referral to
the Director of Planning in a form acceptable to the Director.
B. Except as otherwise provided in this Part VII B, each monitoring report shall
contain the following:
1. A cumulative total of all waste deposited in the landfill and the percent of
total available volume consumed;
2. A copy (which may be reduced and simplified to fit the report format) of
the most recent approved landfill survey — (as required in Part I A of the
monitoring program) showing the height and extent of fill;
3. The achieved ratio of weight to volume of waste placed in the landfill and
a comparison of that ratio with the ratio achieved at comparable landfills
and a explanation of any significant deviation;
7
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
An Attachment to the Conditions of Grant for
Conditional Use Permit 89081-(5)
4. A summary of the rates of waste received, recycled or otherwise diverted at
the landfill since November 24, 1997 or the last report, as applicable, in
sufficient detail to explain significant changes and variations over time and
an explanation of any significant variation or changes;
5. A summary of measures undertaken by the permittee to divert and recycle
material at the landfill and to establish and maintain the materials recovery
and household hazardous waste facilities approved in Conditions 10 and 11,
and how such measures interact with waste management plans adopted by
cities and the County and the overall effectiveness of such measures in
achieving the intent of the grant and the waste management plans;
6. A summary of the number and character of litter, fugitive dust and odor
complaints received in the reporting period, the disposition of such
complaints, and any new or additional measures which have been
undertaken to abate or address future complaints;
7. A detailed accounting of any citations for violations received from any
regulatory agency in connection with operation of the landfill (including
those for litter, odor or fugitive dust) and the disposition of the citations;
8. A report prepared by the horticultural monitor on interim and final fill
revegetation, including an assessment of the success of such revegetation
and any additional measures necessary or proposed to effect successful
revegetation.
9. A summary of compliance with the individual mitigation measures set forth
in the mitigation monitoring summary and the conditions of grant; one
time measures documented in a monitoring report need not be
documented in subsequent reports.
Upon receipt of the report and agency comments, the Commission may request
that the permittee submit such additional information as it deems necessary to
carry out the purposes of this Part VII.
9
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
An Attachment to the Conditions of Grant for
Conditional Use Permit 89081-(5)
C. Nothing in this Part VII shall be construed to in any way limit the authority of the
Commission or the Board of Supervisors to initiate any proceeding to revoke or
modify the grant as provided in Condition 8 and Part 13, Chapter 56, of Title 22
of the County Code.
PART VIII — COMMUNITY ADVISORY COMMITTEE. The Board of Supervisors shall
appoint a Community Advisory Committee to serve as a liaison between the permittee
and the community and as a means for the community to communicate with the
Regional Planning Commission and other regulatory agencies on an ongoing basis
regarding issues involved in the development and operation of the on-site facilities. The
committee shall be composed of persons who reside in the vicinity of the site. The
supervisor in whose district the site is located shall appoint a representative from such
district to serve as coordinator for the Committee and shall nominate Committee
members.
Upon appointment of the Committee by the Board of Supervisors, the permittee shall do
the following:
1. Provide qualified personnel to regularly attend Committee meetings;
2. Provide reasonable access to the site and information concerning site
operations necessary for the committee to perform the committee's
functions;
3. Provide funding, not to exceed $11,000 per annum, for the committee to
retain independent consultants; provided that any consultant retained shall
have appropriate qualifications for the work for which the consultant was
retained and have no conflict of interest with the permittee or any
committee member.
PART IX - COMPENSATION. The permittee shall compensate the Department of
Public Works for expenses incurred in the administration of this monitoring program and
grant not otherwise covered by permit fees. Such compensation shall be computed on the
basis of actual hours expended multiplied by the most current applicable hourly rate
approved by the auditor controller that is available at the time that the expenses are
incurred.
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
An Attachment to the Conditions of Grant for
Conditional Use Permit 89081-(5)
The permittee shall similarly compensate the Local Enforcement Agency for any
extraordinary expense incurred in the administration of this monitoring program and
grant not covered by fees paid for normal administration of the solid waste facility
permit.
At the time of submission of the affidavit referred to in Condition 2 of the grant, the
permittee shall deposit with the County of Los Angeles the sum of $10,000. The deposit
shall be placed in a performance fund which shall be used exclusively to compensate the
Department of Regional Planning for the actual cost of expenses incurred while
administering the grant and inspecting the premises to determine the permittee's
compliance with the conditions of grant.
Rev. 8-29-96
ILI
PROJECT NO. 89-081
THE CHIQUITA CANYON LANDFILL EXPANSION
(State Clearinghouse No. 92071053)
Conditional Use Permit 8908145)
CHIQUITA CANYON LANDFILL
PROPOSED PROPERTY VALUATION CONDITION
xx. The permittee shall establish a procedure to allow claims to be made by
residential homeowners in the community of Val Verde for alleged loss of value
of their property arising solely from any demonstrated nuisance caused by the
operation of the expansion portions of the Chiquita Canyon Landfill. This
procedure shall allow for claimants to submit to the permittee any evidence
showing the existence of a nuisance, as well as any qualified professional
appraisals showing loss of value attributable to any such nuisance, which together
must be evaluated to establish the existence and causation of any alleged loss.
Permittee shall evaluate any claimant's evidence allegedly showing a compensable
loss, and permittee may in its discretion develop evidence to rebut any claimant's
allegations of nuisance and/or loss of property value. An independent third party
dispute resolution mechanism shall be established to decide the matter in the
event of a dispute.
yy. Damages determined to have occurred pursuant to the preceding condition xx
shall be paid to the claimant by the permittee, provided that the independent
third party dispute resolution decision maker finds on substantial evidence all of
the following: (a) that the claimant has suffered a loss of value on his/her
primary residence; (b) that the claimant's residence is located in the currently -
designated community of Val Verde, as that community is designated in the map
attached hereto as Exhibit "B"; (c) that the claimant sold his/her residence at a
loss in an arms -length transaction; (d) that the loss was caused solely by a
demonstrated nuisance caused by the operation of the expansion portions of the
Chiquita Canyon Landfill; (e) that the claimant owned and resided in his/her
home as of the date on which this grant was first approved by the Los Angeles
County Regional Planning Commission; and (f) that the loss of value occurred on
or after the date on which the expansion of the landfill began (any losses
attributable to pre -expansion operations shall not be compensable).
Rev. 8-21-96