Board Meeting August 1213, 2003 Agenda Item 19

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Board MeetingAugust 12-13, 2003Agenda Item 19

• Discussion And Request For Direction Regarding
  Location Indentification For The Purpose Of
  Public Resources Code Section 50001

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PRC 50001(a)

• no person shall establish or expand a solid
  waste facility, as defined in Section 40194, in
  the county unless the solid waste facility meets
  one of the following criteria
•   (1) The solid waste facility is a disposal
  facility or a transformation facility, the
  location of which is identified in the countywide
  siting element or amendment thereto, which has
  been approved pursuant to Section 41721.
  (emphasis added)

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September 2000 Resolution

• the Board shall interpret PRC 50001 to only
  require a finding that the facilitys location be
  identified in the CSE or NDFE, either by the
  facility address or general location on a map,
  and shall not review the facilitys conformance
  to the description set forth in those documents

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5 Year Review Cycle

• Maintain 15 years of disposal capacity
• Jurisdictions seeking guidance
• Must CSE be amended?
• Prefer not to if not necessary
• Process can be lengthy and resource intensive

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CSE Amendment

•         Local Task Force (LTF) comment and
  review
•         Public Hearing with 30 days Notice
•         Approval of the county and a majority of
  the cities with a majority of the population of
  the incorporated area of the county (in some
  counties Stanislaus and San Diego one city has
  the majority of the population of the
  incorporated area)

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NDFE Amendment

• LTF comment and review
• Public Hearing with 3 days notice
• Approval of the jurisdiction wishing to amend
  the NDFE

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CSE Map Requirements

• The Siting Element shall include a description
  of each proposed new solid waste disposal
  facility and a description of each proposed
  expansion of an existing solid waste disposal
  facility ...
•  (1) Each Siting Element shall include one or
  more maps indicating the location of each
  proposed solid waste disposal facility and
  adjacent and contiguous parcels. The map(s) shall
  be drawn to scale and include the scale on the
  map sheet. The type of map(s) may be a 7.5 or 15
  minute USGS quadrangle. (emphasis added)

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CSE Description Requirements

• The description shall include the type of
  facility, location, size, volumetric capacity of
  the facility expressed in cubic yards and in
  tons, life expectancy (years), expansion options
  of the existing or proposed facility, and
  post-closure uses

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NDFE Description Requirements

• (a) (1) type of facility
• (2) facility capacity
• (3) anticipated diversion rate or expected
  diversion rate from the total amount of the
  waste that the facility receives and,
• (4) participating jurisdictions.
• (b) (1) address of the facility or,
• (2) description of the general area, (include a
  land use map, zoning map, or other type of
  planning map).

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Key Issues

• New questions not explicitly addressed in Boards
  previous decision
• Staff have identified potential additional
  determinations based upon Boards later
  pronouncements, and
• Underlying purpose of statute public
  notice/opportunity for public input

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Staff Recommendations

• a. Affirm that an expansion beyond the
  boundaries indicated in a CSE or NDFE not be in
  conformance and would require a revision of the
  document.
• b. In determining the boundaries indicated in a
  CSE or NDFE, the Board will use either a map or
  a detailed description that uses landmarks,
  parcel boundaries or other sources of
  information that provide a specific description
  which would ensure that the public was fully
  informed about the potential expansion.

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Staff Recommendations (cont)

• c. If for some reason, the description and/or
  map in the CSE or NDFE were in conflict, the
  issue of whether a revision was necessary would
  be brought before the Board on a case-by-case
  basis.
• d. Any other unusual circumstance would be
  brought before the Board for a case- by-case
  determination.

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Possible Expansion Scenarios
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1(a). Insignificant expansion beyond boundaries
indicated on Siting Element Map/Description
200 Acres (Existing)
Proposed
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1(b). Significant expansion beyond boundaries
indicated on Siting Element Map/Description
200 Acres (Existing)
Proposed
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2(a). Expansion outside of the boundaries
indicated on Siting Element Map/Description with
connection to existing site
Existing
Road
Proposed
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2(b). Expansion outside of the boundaries
indicated on Siting Element Map/Description with
no connection to existing site
Existing
Proposed
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3(a). Expansion within area described in Siting
Element, but not included in a Map
Existing
Proposed
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3(b). Expansion within area described in Siting
Element, but outside boundaries indicated on
Siting Element Map
Existing as described on map
Proposed as indicated in description
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Conclusion