BILL ANALYSIS Ó
AB 385
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Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 385
(Chu) - As Amended April 14, 2015
SUBJECT: Solid waste facilities: local enforcement agencies
SUMMARY: Requires the local enforcement agency (LEA) of any
jurisdiction that has a solid waste facility located within
one-quarter of a mile of another municipality or municipalities
to hold a public meeting, at least every six months, to report
violations, investigations, and remedial actions that have
occurred since the previous meeting and to receive information
regarding odor and other nuisance impacts of the facility,
unless waived in writing by the other municipalities.
EXISTING LAW:
1)Pursuant to the Integrated Waste Management Act of 1989 (Act):
a) Requires local agencies to divert, through source
reduction, recycling, and composting, 50% of solid waste
disposed by their jurisdictions by the year 2000;
b) Establishes a statewide diversion goal of 75% by 2020;
and,
c) Requires LEAs (generally a city or county department) to
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enforce statewide minimum standards for solid waste
handling and disposal.
2)Requires a LEA to issue, and CalRecycle to concur with, a
solid waste facilities permit (SWFP) if the permit complies
with state minimum standards for solid waste facilities.
3)Prohibits a solid waste facility from operating without a SWFP
and requires a LEA to issue a cease and desist order for any
facility operating in violation of this provision.
4)Prohibits CalRecycle from establishing or enforcing odor
standards (or any air quality standards) at solid waste
facilities and exclusively grants this authority to the Air
Resources Board (ARB) and local air districts. Authorizes
LEAs to investigate and respond to odor issues at compost
facilities only.
5)Defines "solid waste facility," to include a solid waste
transfer or processing station, a composting facility, a
gasification facility, a transformation facility, an
engineered municipal solid waste conversion facility, and a
disposal facility."
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement:
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Newby Island Landfill in San Jose, California has posed
significant problems for Milpitas and Fremont, the cities
that are adjacent to the landfill. The primary problem
is the noxious odor from the landfill. Residents contend
that the odors prevent them from going outside and many
are forced to stay indoors with windows and doors closed.
Many also contend their health has suffered and that
they are concerned for the future health of their
children as a result of odor emissions from Newby Island.
They further maintain that the odors have caused their
property values to decrease.
There are various entities involved in this discussion.
On February 5, 2015, CalRecycle, the state agency
overseeing landfill operation permits, granted issuance
of an operating permit allowing "operational/design
changes" for Newby Island Landfill. Additionally, the
San Jose Planning Commission is scheduled to take this
item up on May 6, 2015 to determine whether to issue a
Planned Development Permit that would allow the landfill
height to expand by 95' to a full height of 245', the
height of a ten story building. At a recent Milpitas
City Council meeting, there was discussion regarding
establishing a third-party odor study.
With this bill, the goal is to afford representation from
local governments adjacent to solid waste facilities the
opportunity to hear reports, violations and remedial
actions from the Local Enforcement Agency regulating the
solid waste facility and to voice their concerns
regarding its operation, particularly so that their
opinions can be heard when considering expansion of this
landfill.
2)Background on the Newby Island Landfill. According to
CalRecycle, the Newby Island Landfill is located in the City
of San Jose, and has been used as a landfill since the 1930s.
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It was annexed into the City of San Jose as an operating
landfill in 1968. The SWFP, issued on March 14, 1997, allows
for a maximum receipt of 4,000 tons per day (TPD) of waste
disposed and an equivalent of 4,000 TPD maximum traffic
volume. Materials that pass through the gate of the landfill
include waste that is disposed in the landfill; clean soil
that is used for cover and for temporary roadways;
construction and demolition debris that is sorted, recycled
and processed for re-use both onsite and elsewhere; and,
materials that are used for alternative daily cover (ADC).
ADC materials can include biosolids, processed C&D debris,
contaminated soil, green waste, and organic material from the
onsite composting operation. The facility also accepts
recyclables, including appliances, tires, carpet, and
cardboard, which are sent to the landfill and either recycled
or diverted for beneficial use. Incoming organics received at
the landfill are processed and utilized as mulch for erosion
control on-site and ADC or are sent off-site to be
anaerobically digested or composted.
CalRecycle received an application for a permit expansion from
the LEA on December 9, 2014. According to the CalRecycle
staff report, the landfill and proposed expansion comply with
state minimum standards, and staff determined that the
California Environmental Quality Act requirements have been
met to support concurrence. The LEA provided a finding that
the proposed permit was consistent with and supported by the
cited environmental document.
On February 5, 2015, Cal Recycle concurred with the issuance of
a Revised SWFP for the Newby Island Landfill. The SWFP allows
for the following operational/design changes:
a) An increase in maximum elevation from 150 feet mean sea
level to 245 feet mean sea level;
b) An increase in design capacity from 50.8 million cubic
yards to 57.5 million cubic yards;
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c) A decrease in permitted disposal area from 308 acres to
298 acres; and,
d) An extension of the estimated closure date from 2025 to
2041.
3)Odors and odor enforcement. The Act prohibits CalRecycle from
regulating or enforcing odor standards. This provision was
designed to eliminate regulatory overlap, conflict, and
duplication between state agencies and state and local
agencies. Public Resources Code 43020 states that CalRecycle
"shall not include [in its regulations] any requirements that
are already under the authority of the State Air Resources
Board for the prevention of air pollution or of the state
water board for the prevention of water pollution." Public
Resources Code Section 43021 states that CalRecycle's
regulations "shall not include aspects of solid waste handling
of disposal which are solely of local concern or which are
within the jurisdiction of the State Air Resources Board, air
pollution control districts and air quality management
districts."
According to a presentation of the Bay Area Air Quality
Management District's (BAAQMD) Stationary Source Committee on
March 16, 2015, there are several odor sources in the area
that could be causing odor problems, including Newby Island
Landfill, Newby Island Compost Facility, Zero Waste Energy
Development Company, the San Jose/Santa Clara Regional
Wastewater Facility, and surrounding bay lands, which include
salt ponds, marshes, and conservation areas. At this March
16, 2015, meeting, BAAQMD discussed their role as the local
air district with jurisdiction over the area, detailed its
investigation and complaint process, and their ongoing
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investigation into the odor issues. As part of the next
steps, BAAQMD will conduct a public meeting on April 23, 2015.
There is a complaint process in place with a hotline
(1-800-334-ODOR). All complaints are responded to by an
inspector who complies with a rigorous confirmation process.
At the meeting, it was also discussed that a South Bay Odor
Stakeholders Group would be convened to discuss odor issues.
Since the meeting on March 16th, BAAQMD has convened the South
Bay Odor Stakeholders Group to "provide a forum for industry,
regulatory, and community collaboration in identifying and
resolving odor issues in the South Bay Area." The group
includes the Cities of San Jose, Fremont, and Milpitas, the
San Jose LEA, the State Water Resources Control Board,
CalRecycle, Republic Services (which owns the landfill), San
Jose STP, Zero Waste Energy Development, Bay Restoration
Projects, and members of the affected communities. The first
meeting of the stakeholders group is scheduled for April 30,
2015.
BAAQMD has also issued notices of violations to Republic
Services and has referred issues to California Division of
Occupational Safety and Health and the LEA for possible
enforcement action against Zero Waste Energy Development (an
anaerobic digestion facility). According to BAAQMD staff, the
facilities are cooperating with investigations and enforcement
actions, and some operational changes have already occurred to
minimize odors. For example, Republic Services has stopped
using biosolids as ADC.
4)Double referral. This bill was heard by the Assembly Local
Government Committee on April 22, 2015 and passed with a vote
of 9-0 with significant amendments. Due to legislative
deadlines, these amendments will be adopted by this committee
if the bill passes. The Local Government amendments delete
the provisions of the bill and instead:
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a) Require the LEA that has jurisdiction over the Newby
Island Landfill to create a Newby Island Landfill Community
Advisory Committee to consist of the following:
i) A representative from each neighboring municipality
within one mile of the Newby Island Landfill, to be
appointed by that municipality and represent that
municipality;
ii) A representative from the LEA that has jurisdiction
over the Newby Island Landfill, to be appointed by the
LEA;
iii) A representative from BAAQMD, to be appointed by the
BAAQMD;
iv) A representative on behalf of the Newby Island
Landfill operator; and,
v) A total of two members of the public, to be agreed
upon and appointed by the neighboring municipalities.
b) Require the Newby Island Landfill Community Advisory
Committee to hold a public meeting, at least every six
months, or more frequently if the Newby Island Landfill
Community Advisory Committee wishes, to discuss issues
related to the Newby Island Landfill Expansion.
c) Require the Newby Island Landfill Community Advisory
Committee to receive information related to an independent
odor study, if one is completed, and allow the Newby Island
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Landfill Community Advisory Committee to make
recommendations to the member agencies of the Newby Island
Landfill Community Advisory Committee.
d) Require the provisions of the bill to sunset on December
31, 2018, unless a later statute extends the date.
REGISTERED SUPPORT / OPPOSITION
Support
None on file
Opposition
None on file
Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916)
319-2092
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