BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 385
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|Author: |Chu |
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|Version: |4/29/2015 |Hearing |7/1/2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Joanne Roy |
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SUBJECT: Solid waste facilities: local enforcement agencies.
ANALYSIS:
Existing law:
1) Pursuant to the Integrated Waste Management Act of 1989
(IWMA):
a) Requires local agencies to divert, through source
reduction, recycling, and composting, 50% of solid waste
disposed by their jurisdictions and establishes a statewide
waste diversion from landfills goal of 75% by the year
2020.
b) Requires local enforcement agencies (LEAs) (generally a
city or county department) to enforce statewide minimum
standards for solid waste handling and disposal.
2) Requires an LEA to issue, and the Department of Resources
Recycling and Recovery (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 an
SWFP and requires an 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
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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. (Public Resources Code §43021).
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 facility, and a disposal
facility.
This bill:
1) Requires the LEA that has jurisdiction over the Newby Island
Landfill to create a Newby Island Landfill Community Advisory
Committee (NILCAC).
2) Requires NILCAC to be comprised of representatives from each
neighboring city within one mile of the landfill, the LEA that
has jurisdiction over the landfill, the Bay Area Air Quality
Management District (BAAQMD), Newby Island Landfill; and, two
members of the public.
3) Requires NILCAC to hold a public meeting at least every six
months to discuss issues related to the Newby Island Landfill
expansion.
4) Require NILCAC to receive information related to an
independent odor study, if one is completed, and allows NILCAC
to make recommendations to the member agencies of NILCAC.
5) Sunsets the provisions of this bill on December 31, 2018.
Background
Newby Island Landfill.
According to CalRecycle, Newby Island Landfill is located in the
City of San Jose and has been used as a landfill since the 1930s.
It was annexed into the City of San Jose as an operating
landfill in 1968. The solid waste facility permit, 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
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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 construction and demolition
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.
Newby Island Landfill's current closure date is 2025. Republic
Services proposes to extend the life of the Newby Island Landfill
to 2041 and raise the current 150-foot height to 245 feet to
provide for an additional 15.1 million cubic yards of garbage and
trash. The growth would occur at the most westerly edge of the
property toward the bay.
On February 5, 2015, CalRecycle approved the expansion. San
Jose's Department of Planning, Building and Code Enforcement
Division, LEA, also granted approval. On May 6, 2015, the San
Jose Planning Commission voted to defer a decision on the
landfill's expansion until a City of San Jose-initiated odor
study could be completed before the end of 2015.
Addressing and Enforcing Odor Issues at the Local Level.
BAAQMD is the local air district with jurisdiction over odor
standards and the location at issue. The agency has an
investigation and complaint process; and has an ongoing
investigation into the odor issue that is the subject of this
bill. The complaint process includes a telephone hotline; and an
inspector, who must adhere to a rigorous confirmation process and
respond to each complaint.
BAAQMD has issued notices of violation to Republic Services and
has referred issues to the 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, the facilities are cooperating
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with investigations and enforcement actions, and some operational
changes have occurred to minimize odors. For example, Republic
Services has stopped using biosolids as ADC.
For odor issues emanating from a compost facility, the LEA, not
the local air district, has jurisdiction over such issues
pursuant to Health and Safety Code §41705.
Comments
1) Purpose of Bill.
According to the author, "For years, residents in my community
contacted me regarding their concerns about the Newby Island
Landfill. Residents in the landfill's immediate vicinity have
felt they have been left out of the decision making process.
This is why I authored this measure, which will allow
residents that live around the Newby Island Landfill to have
the opportunity to voice their concerns regarding its
undertakings. The bill will create a Community Advisory
Committee that will hold various forums open to public
comment. While this bill does not stop the expansion of the
site, it will create a much needed public space for residents
to have their voices heard."
2) What's That Smell?
a) Multiple Sources.
There are a variety of natural and industrial sources in the
vicinity that could be causing odor problems, including:
Newby Island Resource Recovery Park (Newby Island
Sanitary Landfill and Recyclery);
Newby Island Compost Facility;
Zero Waste Energy Development Company (anaerobic
digestion facility);
San Jose/Santa Clara Regional sewage treatment
plant, which includes open air sludge drying ponds;
Milpitas' sewage pump station; and,
Surrounding bay lands, which include salt ponds,
marshes, and conservation areas, etc.
This bill focuses on the Newby Island Landfill, but the
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landfill is one of many possible odor sources. As stated by
BAAQMD, there are other facilities in the area and
environmental causes of odors in the San Jose and Milpitas
areas. Although the landfill has contributed to the smell,
it may not be the biggest source responsible for the odor.
If the issue that is to be ultimately addressed concerns the
maliferous smells permeating the surrounding communities,
then would it be prudent to look at and treat this problem
more holistically than the bill proposes; that perhaps the
landfill should be looked at among potentially several
odiferous offenders?
a) Would the Proposed Committee Affect Change?
NILCAC is proposed to be charged with discussing issues
related to the Newby Island Landfill expansion. It is
questionable whether permitting the expansion of the size
of the landfill worsens the odor because although there may
be an increase in the total volume placed there, the permit
does not increase volume allowed into the facility each day
-the incoming, fresh garbage arriving on a regular basis to
the facility is likely to have a stronger scent than the
total mass that has been sitting for years.
In addition, the NILCAC proposed in this bill is required to
meet at least twice a year to discuss these issues and
receive information related to an odor study, if one is
completed. However, the bill lacks a timeline,
expectations, or potential outcomes - what is the goal of
NILCAC beyond talking about issues at least twice each
year? Is NILCAC expected to make recommendations? To
whom? A question arises as to what change the proposed
NILCAC is meant to accomplish.
1) South Bay Odor Stakeholders Group.
The South Bay Odor Stakeholders Group has recently formed and
provides a forum for industry, regulatory bodies, and
communities 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 San Francisco Bay
Regional Water Quality Control Board, CalRecycle, Republic
Services (which owns the landfill), San Jose Sewage Treatment
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Plant, California Coastal Conservancy, Zero Waste Energy
Development, South Bay Salt Pond Restoration Project, and
members of the affected communities.
The first meeting of the stakeholders group was held on April 30,
2015, to formulate a mission statement, which is to provide
public education about the problem and to encourage sharing of
technology and best practices to decrease odors.
This bill proposes to address one potential source of odor in the
area. However, as noted above, there are numerous sources
that may contribute to the smell. Considering the purpose of
the newly created South Bay Odor Stakeholders Group is meant
to address the odor issue in a more comprehensive fashion and
is already underway, the Committee may wish to consider
whether this bill is necessary.
SOURCE: Author
SUPPORT:
None received
OPPOSITION:
None received
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