Resolution 1220312203
CITY OF ALAMEDA RESOLUTION NO.
APPROVING THE COUNTY SOLID WASTE MANAGEMENT
PLAN (CoSWMP) AMENDMENT TO ALLOW DISPOSAL OF
CONTRA COSTA COUNTY WASTE AT ALTAMONT LANDFILL
WHEREAS, Oakland Scavenger Company has requested to amend
the Alameda County Solid Waste Management Plan (CoSWAMP) to provide
for disposal of Contra Costa County solid waste at Altamont
Landfill, to begin upon expiration of the current import agreement
approved July 19, 1989; and
WHEREAS, the Alameda County Zoning Administrator, on
December 18, 1991, considered and certified an Environmental Impact
Report [SCH#91023017] for said project and approved Conditional Use
Permit #C-5825 for Altamont Landfill to provide for said project;
and
WHEREAS, the Alameda County Waste Management Authority,
(Authority) on December 19, 1991, adopted Resolution No. 179,
attached hereto as Exhibit A, approving a CoSWMP amendment to
provide for said project; and
WHEREAS, the EIR identifies a reduction in landfill
capacity as the only significant environmental impact and further
identifies a combination of mitigation measures to reduce said
impact to a level of insignificance, these measures being also
specified in Authority Resolution No. 179; and
WHEREAS, Authority Resolution No. 179 states that the
Authority considered the EIR and included EIR mitigation measures
in the CoSWMP amendment, thereby reducing environmental impacts to
a level of insignificance; and
WHEREAS, the Authority has referred the proposed CoSWMP
amendment to the member agencies for adoption;
NOW, THEREFORE, BE IT RESOLVED that this City did
consider the project EIR and finds that mitigation measures are
incorporated into the proposed project to reduce all environmental
impacts to a level of insignificance; and
BE IT FURTHER RESOLVED that this City hereby adopts the
CoSWMP amendment contained in Authority Resolution No. 179.
ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY
RESOLUTION NO. 179
AT THE MEETING OF DECEMBER 18, 1991
CONTRA COST COUNTY WASTE IMPORT PLAN AMENDMENT
MOVED BY RERR
SECONDED BY KING
WHEREAS this Authority [ACWMA] has adopted a County
Solid Waste Management Plan [CoSWMP], dated July 29, 1987,
and most recently amended July 19, 1989; and
WHEREAS the former California Waste Management Board
approved said CoSWMP and all adopted revisions; and
WHEREAS California Public Resources Code §50000 et seq.
requires that facilities continue to conform with a CoSWMP,
until a Countywide Integrated Waste Management Plan [CIWMP]
is approved by the new California Integrated Waste
Management Board [CIWMB]; and
WHEREAS said Alameda County CIWMP has not yet been
adopted and is not required to be adopted and submitted to
the CIWMB for approval until January 1, 1994; and
WHEREAS Oakland Scavenger Company [OSC] has requested
an Amendment to the CoSWMP to permit import and disposal of
municipal solid waste from Contra Costa County at Altamont
Sanitary Landfill over a two-year period to begin at the
conclusion of the existing Contra Costa County importation
undertaken pursuant to ACWMA Resolution No. 33 [1989]; and
WHEREAS OSC also applied for Alameda County Conditional
Use Permit No. C-5825 for Altamont Sanitary landfill, to
provide for the same import and disposal of Contra Costa
waste as contained in the proposed CoSWMP Amendment; and
WHEREAS the Alameda County Zoning Administrator, as
Lead Agency, held a duly noticed public hearing September 4,
1991 and continued to subsequent meetings until the meeting
of December 18, 1991, to consider the proposed project and
proposed project Environmental Impact Report; and
WHEREAS the Alameda County Zoning Administrator did
consider and certify the Environmental Impact Report [EIR]
[SCH#91023017] dated December 18, 1991 for said project; and
-;1177 •--.1•142,4 41,4er
.k.•••
"EXHIBIT A"
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WHEREAS said EIR identifies a reduction in Alameda
County landfill disposal capacity as the only significant
environmental impact; and
WHEREAS said EIR finds that a combination of mitigation
measures would reduce the above impact to a level of
insignificance; said measures being [1] the cessation of
import from Contra Costa at the earliest possible date after
the opening of a landfill in Contra Costa, [2] payment of a
per ton mitigation fee on the waste imported from Contra
Costa to fund (a) the development by Alameda county of
additional waste disposal capacity and/or (b) increased
diversion of Alameda County waste through programs such as
source reduction, recycling and education, [3] disposal of
Contra Costa County waste at landfills in other counties,
[4] increased diversion of waste in Contra Costa by programs
such as recycling and source reduction, and [5] provision of
reciprocal capacity for Alameda County waste at future
landfills in Contra Costa County; and
WHEREAS said EIR evaluates alternatives to the project
including [1] no project, [2] continued import beyond two
years, [3] reduced tonnage, [4] use of another landfill, and
[5] baling of wastes at the Acme Transfer Station prior to
delivering them to Altamont Sanitary Landfill; and
WHEREAS each of these alternatives either generated
environmental impacts as significant or greater than the
proposed mitigation measures and/or were not feasible and/or
did not achieve the project objectives; and
WHEREAS this ACWMA held a duly noticed public hearing
on September 25, 1991 and continued at subsequent meetings
to December 18, 1991, to consider said Environmental Impact
Report and proposed CoSWMP Plan Amendment, at which time all
interested parties were heard; NOW THEREFORE,
BE IT RESOLVED that an Environmental Impact Report for
the proposed project was prepared and certified by the •
Alameda County Zoning Administrator, December 18, 1991, in
accord with the California Environmental Quality Act [CEQA]
and State and local EIR Guidelines, and this ACWMA, as a
responsible agency, has considered said document in
conjunction with the proposed plan amendment; and
BE IT FURTHER RESOLVED that this ACWMA herein adopts a
combination of the mitigation measures identified above to
avoid the significant impact of the project on disposal
capacity in this county. Specifically:
[1] Early cessation of import is provided under Condition
No. 7, which requires resolution of litigation against new
landfills in Contra Costa County and reduces the term of the
agreement to 6 months if the litigation is not settled prior
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to the start of import under this plan amendment; Condition
No. 4, which limits minimum daily tonnage requirements and
requires payment of liquidated damages if import continues
after landfill capacity is available in Contra Costa County;
and Condition No. 9, which increases the mitigation fee from
$10.30 per ton to $15.00 per ton after April 1, 1992 and
provides that, if import ceases early, a portion of the
advance lump sum payment is reduced;
[2] A per ton mitigation fee and expenditure plan to
replace lost landfill capacity is required under Condition
9(a); $8.70 of the initial $10.30 fee being the value of
lost capacity based on an analyses of landfill valuation
conducted by N.E.R.A. consultants for this project;
[3] Disposal at landfills in other counties is part of the
project background description and would not require a
mitigation measure: Contra Costa has secured an agreement to
dispose the maximum permitted tonnage at landfills in Solano
County. Continued use of such capacity is assured by the
higher mitigation fees and other requirements imposed on
wastes disposed in Alameda County by the ACWMA under this
Plan Amendment. The original proposal by OSC to accept up
to 507,000 tons per year from Contra Costa County is,
reduced, under Conditions No. 2 and No. 4 to 445,000 tons
per year by excluding waste from west Contra Costa County,
which has been determined to have adequate short-term
capacity at the Richmond Landfill;
[4] Increased diversion of waste in Contra Costa is
provided under Condition No. 6 which requires establishment
of certain recycling programs and sets a waste diversion
performance standard equal to that of Alameda County;
[5] Reciprocal capacity is identified in the EIR as an
alternative to a per ton mitigation fee. However, the EIR
states that reciprocity would not fully mitigate the project
impact because it does not provide in-county replacement
capacity and is less certain; nevertheless, Condition No. 8
does require Contra Costa County to provide reciprocal
capacity under emergency circumstances, without a reduction
in the per ton mitigation fee;
BE IT FURTHER RESOLVED that this ACWMA does approve
said amendment to the Alameda County CoSWMP as follows:
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CoSWMP Plan Amendment
1. This resolution shall be included in its entirety in
Appendix H, "Selected Alameda County Solid Waste
Management Authority Resolutions"
2. Changes to CoSWMP Chapter II "Objectives and Policies"
Amend Policy 3(c), page 11-8, to add the following
underlined language:
This Plan provides for importation of municipal solid
waste from Contra Costa County for two years on an
emergency basis, pursuant to Resolution No. 33 (1989]
of the Authority; for additional importation of
municipal solid waste from Contra Costa County on an
emergency basis, pursuant to Resolution No. 179 119911
and for importation of municipal solid waste from the
City and County of San Francisco, pursuant to
Resolution No. 78 (19851 of the Authority.
3. Changes to Chapter III "Solid Waste Management
Facilities"
Figure is amended to read:
"Begin/End Two-Year Contra Costa County Import 7"
7 pursuant to ACWMA Resolutions No. 33 (19891 and
119911
4. The following provisions of this Amendment mitigate
impacts identified in the project Environmental Impact
Report. The provisions are part of this Plan and shall
be incorporated in the County Solid Waste Facilities
Permit for Altamont Sanitary Landfill:
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ACWMA CONTRA COSTA IMPORT COMMITTEE
CONDITIONS OF APPROVAL, CONTRA COSTA IMPORT, 1991-1993
[Part of ACWMA Resolution No. 179, December 18, 1991]
Intercounty Agreement
1. ,Prior to the start of import, the ACWMA, Contra Costa
. County and each exporting Contra Costa jurisdiction
shall sign an Intercounty Agreement to implement the
Plan Amendment including details on payment of mitiga-
tion fees and enforcement and monitoring of plan
provisions and mitigation measures. The provisions of
said Agreement should be included as part of this Plan
Amendment and in the Conditional Use Permit [CUP] for
Altamont Landfill.
Wasteshed
2. The designated wasteshed shall be all of Contra Costa
County, excluding west Contra Costa jurisdictions that
presently dispose municipal solid waste [MSW] at Rich-
mond Landfill. West Contra Costa may only be included
in the event of an emergency,'as defined under CEQA,
upon approval by the Alameda County Local Enforcement
Agency [LEA] in consultation with the Alameda County
Planning Department and ACWMA. West Contra Costa
jurisdictions may be included in the future in the
event of future environmental review and approval.
Waste Types
3. Only MSW shall be accepted. No hazardous wastes or
designated wastes [as those terms are defined under
applicable State codes], or wastewater treatment plant
sludge or sludge ash or residuals shall be accepted.
The Alameda County LEA shall approve a hazardous waste
control program to ensure Acme Fill Transfer Station
and Contra Costa haulers comply with hazardous waste
identification and acceptance control methods to screen
out hazardous wastes. OSC and Contra Costa's haulers
and facility operators shall provide adequate verifica-
tion, as determined by the Alameda County LEA, that
these facilities comply with the approved program.
Waste Tonnage and Term
4. Up to 445,000 tons per year, not to exceed 8,500 tons
per week, for up to two years to begin when all permits
and .approvals are in place.
To reduce the amount of import, this Plan Amendment
provides for early termination of itport in the event a
landfill is established in Contra Costa County and
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restricts use of a minimum daily waste tonnage [also
known as "privilege for disposal" or "put or pay."] as
follows:
The authority to import provided by this Plan Amendment
ceases when adequate landfill capacity is available in
Contra Costa county. It would constitute a material
breach of this Plan Amendment (and the intercounty
agreement which would implement the Plan Amendment) if
•solid waste continues to be brought to Altamont Land-
fill more than 30 days after adequate capacity is
available in Contra Costa. Contra Costa agrees that in
the event that import occurs in violation of this
provision, Contra Costa shall pay to the ACWMA a
"liquidated damages" fee per ton on wastes exported to
Alameda county equal to the cost of Contra Costa
disposal at the new landfill(s) in Contra Costa County
plus ten percent. The determination of when adequate
capacity is available in Contra Costa County and the
cost of disposal at that available capacity shall be
determined by the ACWMA. Said "liquidated damages" fee
shall replace the fee imposed pursuant to Condition No.
9(a) of this agreement, but in no event shall be a
lessor amount than provided under Condition 9(a).
Any minimum daily tonnage imposed on Contra Costa waste
by the operator of the Altamont Landfill shall not
exceed:
a) 700 tons per day upon the first day of receipt of
waste under this Plan Amendment.
b) 1200 tons per day upon receipt of waste at Acme
Interim Transfer Station (or successor transfer
station) from the entire wasteshed specified in
Condition No.2, excluding west Contra Costa.
c) 800 tons per day on the date waste disposal begins
pursuant to a solid waste disposal agreement
between Contra Costa and San Joaquin counties.
The minimum daily tonnage shall be further reduced or
eliminated by an amount specified by Contra Costa
county upon 30-day notice to OSC, provided such
reduction shall be only to accommodate waste diversion
programs or operation of a new or expanded sanitary
landfill in Contra Costa county.
Waste Transportation
5. The approach route from Contra Costa county shall be by
way of 1-680 to 1-580 to Southfront Road to Greenville
Road to Altamont Pass Road. The departure route from
Altamont Landfill shall be by way of Altamont Pass Road
to Northfront Road to 1-580 to 1-680.
No transfer vehicles from Contra Costa county shall
pass through the 1-580/1-680 interchange during the
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peak periods of 6 :45 -8:45 a.m. and 4:00 -6:00 p.m. Said
restriction may be reduced or removed upon approval by
the Alameda County LEA, in consultation with the public
works departments of Alameda County and the Cities of
Livermore, Dublin and Pleasanton.
The number of transfer vehicle arrivals at Altamont
Landfill from Contra Costa county shall not exceed 425
per week or 90 per day, unless permitted by the Alameda
County LEA on an emergency basis.
All Contra Costa haul vehicles that dispose MSW at
Altamont Landfill shall be inspected by the Alameda
County LEA. All Contra Costa haul vehicles shall be
enclosed as required by the Alameda County LEA to
prevent rubbish from escaping en route. All Contra
Costa vehicles must have clearly visible, readily
identifiable markings.
OSC shall accept for disposal at Altamont Landfill only
Contra Costa waste which is contained in solid waste
transfer vehicles originating at the Acme Fill Transfer
Station or, if approved by the Alameda County LEA,
demonstration POD vehicles. The latter may not include
waste originating from an area outside the wasteshed
designated in Condition No. 2.
OSC shall not accept for disposal any MSW or other
waste from Contra Costa county which is carried in
direct -haul solid waste collection vehicles [packers],
carried by commercial haulers, or by the general public
in private vehicles.
Resource Recovery Efforts in Contra Costa County
6. Curbside collection, school and commercial recycling
programs proposed by Contra Costa shall be incorporated
in the ACWMA plan amendment.
Contra Costa shall also provide quarterly verification
that the results of its resource recovery efforts at
least equal those achieved in Alameda county [percent
of waste stream diverted, disaggregated to show
diversion rates with and without inclusion of inert
materials] and that Contra Costa has an ongoing program
to ensure future resource recovery consistent with the
goals and timetable in the adopted plans of the ACWMA,
as these may be amended over time.
Landfill Capacity in Contra Costa County
7. Contra Costa County and the cities of Pittsburg,
Concord and Brentwood shall cause a resolution of the
'present litigation over landfill issues, prior to
approval by Alameda County and the ACWMA of the
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requested plan amendment. Contra Costa shall make a
good faith effort to settle related litigation with
non - public agency parties at the same time. Said
resolution of litigation shall not preclude or delay
implementation of projects to provide landfill capacity
in Contra Costa County. Contra Costa shall provide
quarterly verification of its continued good faith
effort to establish landfill capacity in Contra Costa
sufficient to meet the needs of Contra Costa for a
minimum of 20 years plus provide reciprocal capacity
for Alameda county agencies.
In the event that this condition is not complied with
prior to the start of importation under this Plan
Amendment, the two -year term of import provided under
Condition No. 4 shall be reduced to a term of 6 months.
Emergency Capacity
8. Contra Costa shall reserve for Alameda county jurisdic-
tions, MSW waste disposal capacity for use at any time
in the future under emergency conditions as determined
by the ACWMA, equal to the tonnage disposed in Alameda
county by Contra Costa subsequent to December 18, 1989.
In no event shall the rate charged to Alameda county
jurisdictions exceed the prevailing disposal rate in
Contra Costa charged to local residents. Any export
from Alameda County requires an amendment of the
Alameda County CoSWMP.
Mitigation Fees
9. Contra Costa shall pay all disposal fees, mitigation
fees and surcharges levied in Alameda county during the
term of the agreement, including the following:
a. A Mitigation Fee of $10.30 per ton, indexed to
inflation, payable to the ACWMA for distribution
in accord with an expenditure plan to be adopted
by the ACWMA to partially mitigate impacts of
importation including lost capacity in Alameda
county and administrative costs.
Of the $10.30 per ton, $1.00 per ton, or $890,000,
shall be paid on an early, nonrefundable, basis to
the ACWMA. Of this, $500,000 shall be paid in a
lump sum prior to the start of import. The
remaining $390,000 shall be due and payable in a
lump sum at such time as Contra Costa has disposed
500,000 tons of waste at Altamont Landfill under
this plan amendment. The remaining $9.30 per ton
shall be paid on a monthly basis commencing with
the start of import.
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Of the $10.30 per ton mitigation fee, $1.50
represents the cost of environmental liability.
The ACWMA shall reserve this amount to partially
cover future clean up costs attributable to wastes
imported from Contra Costa County. The ACWMA
shall indemnify Contra Costa County for the amount
actually deposited plus interest accrued.
Effective April 1, 1992, the $10.30 mitigation fee
shall increase to $15.00 per ton, unless the ACWMA
determines that there is good cause for Contra
Costa to continue to import after that date at the
$10.30 per ton rate. The $15.00 per ton fee shall
be considered a minimum fee for disposal in the
period beginning April 1, 1992. In the event and
at such time that the ACWMA determines that the
provisions identified in Condition No. 4 apply,
and said provisions would result in a mitigation
fee greater than $15.00, then the higher fee
provided pursuant to Condition No. 4 shall apply
to imported wastes.
b. In addition to mitigation fees identified in
Condition No. 9(a) above, roadway mitigation fees,
based on studies conducted in conjunction with
this application, are due and payable on an
upfront basis to the County of Alameda and City of
Livermore.
The upfront roadway mitigation fee shall include
payment of $47,992 for the City of Livermore
Traffic Impact Fee and payment of $590,230 to the
County of Alameda Public Works Agency. Both
payments shall be made prior to the start of
import.
c. If, during the term of this plan amendment, addi-
tional per ton fees, taxes or other costs are
imposed by government action on all Altamont
landfill wastes that originate in Alameda county,
including charges imposed for purposes of funding
waste diversion programs and plans, said charges
shall be applicable to all wastes from Contra
Costa. This shall include any costs imposed
pursuant to Measure D.
Contingency Planning
10. Prior to the start of import, OSC shall submit a
contingency plan in the event of emergency closure of
Altamont Landfill, for approval by the ACWMA.
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Oakland Scavenger Facilities Plan
11. OSC shall develop a Facilities Plan, implementation
schedule and cost estimate for comprehensive resource
recovery facilities and programs within the scope of
its services. This shall include a commitment to
various resource recovery projects, including but not
limited to, construction/demolition debris, recovery of
tire, wood materials and operation of composting
facilities. Said Plan shall be submitted by OSC for
review and approval by the ACWMA within one year of the
start of importation under this plan amendment.
OSC shall further agree to provide on a timely basis
the comprehensive resource recovery facilities and
programs required in Alameda county by the ACWMA and
its member agencies to comply with AB 939 and the
Countywide Integrated Waste Management Plan.
There is no commitment on the part of the ACWMA or its
member agencies to approve the Oakland Scavenger Facil-
ities Plan or to participate in its implementation.
Impact on Rate Base
12. The assets of OSC shall be allocated such that the rate
base for franchising agencies within Alameda county
shall not include those assets or portions thereof
associated with providing service to Contra Costa
county. Neither fixed nor variable costs incurred by
OSC in providing service to Contra Costa shall be
passed on to Alameda County residents. There shall be
no closure/post-closure costs, attributable to Contra
Costa waste, applied to the rate base for franchising
agencies within Alameda county.
Mitigation Monitoring and tnforcemeht
13. The mitigation monitoring program shall consist of
monitoring by the ACWMA Planning Manager. The ACWMA
Planning Manager will be responsible for continued
implemeptation of the mitigation measures identified in
this resolution. Those mitigation measures will be
enforceable by this resolution and the Intercounty
Agreement required prior to the start of import under
this plan amendment.
It is recommended that provisions of the Plan Amendment
contained herein be incorporated into the applicable
Solid Waste Facilities Permit and Conditional Use
Permit for Altamont Landfill.
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ADOPTED BY THE FOLLOWING VOTE:
AYES: King [2], Withrow, Rubin, Snyder, Fertig, Loisel,
Wieskamp, Nagy, Miley [3], Foulkes, Mercer, Faria,
Garfinkle, Martin, Kerr - 18.
NOES: Sweeney - 1.
ABSTAIN:- 0.
ABSENT: Skinn
THZ S M. MRTINSEN - EXECUTIVE DIRECTOR
ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY
11.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the eighteenth
day of February, 1992, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth and
President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this nineteenth day of February, 1992.
Diane-B. Felsch, City Clerk
City of Alameda