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HomeMy WebLinkAbout21- Public Services CITY OF SAN BERh.+RDINO - REQUEST F JR COUNCIL ACTION From: Manuel P.Moreno, Jr. Subject: Resolution concurring with the repermitting of County Landfill Dept: Public Services Date: 10/07/93 Synopsis of Previous Council action: Adopted Resolution No. 93-15 on 02/02/93, Mid-Valley Landfill Adopted Resolution No. 93-26 on 02/02/93, San Timoteo Landfill Adopted Resolution no. 93-372 on 10/04/93, Phelan Landfill Adopted Resolution No. 93-373 on 10/04/93, Barstow Landfill Adopted Resolution No. 93-374 on 10/04/93, Yermo Landfill Adopted Resolution No. 93-375 on 10/04/93, Apple Valley Landfill Adopted Resolution no. 93-376 on 10/04/93, Baker Landfill Adopted Resolution No. 93-377 on 10/04/93, Hesperia Landfill Recommended motion: Adopt the Resolution Signature Contact person: Kevin Barnes, Refus Superintendent Phone: 5053 Supporting data attached: Staff Report, Resolution, Project Ward: All Description FUNDING REQUIREMENTS: Amount: None Source: (Acct No.) N/A (Acct Description) N/A Finance: Council Notes: CITY OF SAN BERNI ZDINO - REQUEST F A COUNCIL ACTION STAFF REPORT The County of San Bernardino Solid Waste Management Department owns and provides landfill capacity for the cities throughout San Bernardino County. Presently the Big Bear Landfill and the Mitsubishi Cement Cushenbury Landfill are in need of repermitting in order to continue operations. Because the county's waste stream currently has no other outlet, and because there is no definite negative impact within our jurisdictions caused by these landfills, we should agree with the repermitting and provide formal approval to the local enforcement agency of the county. RESOLUTION NO. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND 2 DESCRIPTION FOR THE MITSUBISHI CEMENT CUSHENBURY SANITARY LANDFILL FACILITY FACILITY IDENTIFICATION # 36-AA-0074 3 WHEREAS, the facility under consideration is an existing, 4 refuse disposal facility operating under permit since 1979 ; and 5 WHEREAS, the operating Solid Waste Facilities Permit (SWFP) , 6 originally issued on January 12, 1979 is currently outdated; and 7 WHEREAS, the San Bernardino County (SBCo) Solid Waste 8 Management Department (SWMD) , acting as the Lead Agency, with 9 concurrence from the Planning Department as the SBCo Board of 10 Supervisor's designated Environmental Lead Agency, will duly 11 complete a Solid Waste Facilities Permit (SWFP) application; and 12 WHEREAS, said SWFP is only issued for the revision and the 13 updating of the facility's operations, including all current 14 Regulatory Agencies' requirements, statutes and regulations; and 15 WHEREAS, the SBCo SWMD has also completed the Site 16 Identification and Description of the project for submission to the 17 City of San Bernardino, a copy of which is attached and marked 18 Exhibit "A"; and 19 WHEREAS, this facility can continue to provide the SBCo SWMD a 20 method of disposing of municipal solid wastes, inert wastes, and 21 non-hazardous solid wastes; and 22 WHEREAS, Public Resources Code §50000 requires that the "Site 23 Identification and Description" of a new or changed (defined as a 24 significant increase in the amount of waste handled) solid waste 25 facility which has not been identified or described in a County 26 Solid Waste Management Plan (CoSWMP) must be approved or disapproved 27 October 71 1993 1 28 by the County Board of Supervisors, and by a majority of the 1 Cities/Towns within the County which contain a majority of the 2 population of the incorporated area of the County, within ninety 3 (90) days after the Site Identification and Description is submitted 4 to the City/Town or County. If the City/Town or County fails to 5 approve or disapprove of the Site Identification and Description 6 within ninety (90) days, the City/Town or County shall be deemed to 7 have approved the Site Identification and Description, as prepared 8 and submitted by the applicant; and 9 WHEREAS, the Mayor and Common Council of the City of San 10 Bernardino may not disapprove the proposed Site Identification and 11 Description unless it determines, based upon substantial evidence in 12 the record, that there will be one or more significant adverse 13 impacts within the City's boundaries from the proposed project: and 14 WHEREAS, pursuant to the California Environmental Quality Act 15 (CEQA) , a Mitigated Negative Declaration was adopted by the SBCo 16 SWMD/Planning Department and a Notice of Determination was filed 17 with the San Bernardino County Clerk of the Board on August 20, 18 1993, also subsequently filed at the Governor's Office of Planning 19 & Research on August 27, 1993; and 20 WHEREAS, the County Department of Environmental Health 21 Services/Local Enforcement Agency (LEA) Program, pursuant to CEQA, 22 is the Regulatory Responsible Agency for the project entrusted to 23 issue the SWF Permit with concurrence provided from the California 24 Integrated Waste Management Board (CIWMB) ; and 25 WHEREAS, provided that the conditions of the permit are 26 complied with, there is no substantial evidence in the record that 27 October 7, 1993 2 28 there will be one or more significant adverse impacts, (within the 1 City of San Bernardino boundaries) as determined by findings made by 2 the CEQA Lead Agency noted above, caused by the proposed project; 3 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common 4 Council of the City of San Bernardino, in the County of San 5 Bernardino, hereby approves the Site Identification and Description 6 for the Mitsubishi Cememt Cushenbury Solid Waste Sanitary Landfill 7 Facility. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 October 7 , 1993 3 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND 1 DESCRIPTION FOR THE MITSUBISHI CEMENT CUSHENBURY SANITARY LANDFILL FACILITY FACILITY IDENTIFICATION # 36-AA-0074 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted 3 by the Mayor and Common Council of the City of San Bernardino at a 4 meeting thereof, held on the day of , 5 1993 , by the following vote, to wit: 6 Council Members: Ayes Nays Abstain Absent 7 NEGRETE 8 CURLIN 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM 13 MILLER 14 15 16 City Clerk 17 The foregoing resolution is hereby approved this day of 1993 . 18 19 TOM MINOR, Mayor City of San Bernardino 20 pproved as to form and 21 legal content: James F. Penman, 22 City Attorney 23 24 By. 25 26 27 October 7 , 1993 4 28 EXHIBIT A REPORT OF DISPOSAL SITE INFORMATION MTTSUBISHI CEMENT CUSHENBURY LANDFILL (Former Kaiser Cement Landfill) INTRODUCTION Objective This report fulfills the Report of Disposal Site Information (RDSI) requirements for the Cushenbury Solid Waste Disposal Landfill located in Lucerne Valley, California in accordance with the requirements of Title 14, Article 7.1, Section 17616 of the California Code of Regulations (CCR), which requires the preparation and submittal of a (RDSI) for active disposal sites. The format of this report follows the guidelines presented in Title 14 of the CCR and the California Integrated Waste Management Board (CIWMB) document "Permit Desk Manual." In this report, each regulatory requirement is presented in italics with the response following immediately after in normal text. The RDSI is filed with the San Bernardino County Department of Environmental Health Services acting as the Local Enforcement Agency (LEA) to assist them in determining the terms and conditions that should be placed in the landfills solid waste facility permit. Background The Cushenbury Cement Plant is currently owned and operated by the Mitsubishi Cement Corporation a Delaware Corporation. This plant is located at 5808 State Highway 18, Lucerne Valley, California (Figure 1-1); and is located on the north flank of the San Bernardino Mountains at the mouth of Cushenbury Canyon, and approximately eight miles southeast of the town of Lucerne Valley in the County of San Bernardino. The Cushenbury Landfill is a small solid waste disposal landfill located in the northwest portion of the cement plant site, west of the plant administrative office. The disposal site is currently active and is believed to have become operational some time between May 1980 and May 1981. The Kaiser Cement Corporation was the previous owner and operator of the plant and had operated the landfill facility under Solid Waste Facility Permit (SWFP) No. 85 10210278 (Class III Refuse Disposal Site), issued in February 1979. The permit stated that the facility has been in existence since 1957. In March of 1988, the Kaiser Cement Corporation sold certain of its (10)R91-1011 Copyright 1991 Klctn(cldcr. Inc - All Rights Rcscrvcd assets, including its Cushenbury Cement Plant to Mitsubishi Cement Corporation. Mitsubishi Cement Corporation has been operating the cement plant and the subject waste disposal site since April 1, 1988. The waste disposal site is for nonpublic use. On March 22, 1988, the Kaiser Cement Corporation, in a formal letter, notified the CIWMB of the transfer of ownership and requested the transfer of all permits to Mitsubishi Cement Corporation. Later Mitsubishi Cement also informed the CIWMB of the transfer of ownership and advised the Board that it intended to operate the landfill facility in substantially the same manner as Kaiser operated the facility. In June 1988 Mitsubishi Cement Corporation was informed by the LEA, that Mitsubishi must obtain a new Solid Waste Facility Permit for this site as the new owner/operator in order to continue operation of this facility, because the State Codes governing solid waste facility permits do not provide for transfer of a permit from one operator to another. This report is required as an attachment to the application for a Solid Waste Facility Permit. In March 1991, Mitsubishi Cement received approval from the CIWMB and the LEA of the closure and postclosure maintenance certification for this facility, which was prepared in accordance with the requirements of Government Code Section 66796.22 (b)(1) and Title 14 California Code of Regulations. (10)R91-1011 Copyright 1991 Klcin(cldcr. Inc. - All Rights Rcscrvcd 2 SITE BACKGROUND INFORMATION The Cushenbury Landfill is classified as a Class III (old Class II-2 classification) Refuse and Disposal Site pursuant to Title 23, CCR, Division 3, Chapter 15. The Cushenbury Landfill is located in the northwest portion of the Mitsubishi Cement Plant facility. The Cushenbury Landfill is a small solid waste disposal landfill. The disposal site is currently active and is believed to have become operational in 1979. The total current landfill area is 10.5 acres. The former disposal area, presently inactive, is approximately seven acres and is located on the east side. The active portion of the site is approximately 3.5 acres and is located on the west side of the landfill. The landfill is estimated to occupy an area of approximately 15 acres at final closure. The Cushenbury Landfill is for the private use of the Mitsubishi Cement Plant, and it is not open to the general public. The landfill is located within the Mitsubishi Cement Plant property boundaries, and all waste disposed at this landfill is generated at the Mitsubishi Cement facility. 2.1 Site Name The site is known as Cushenbury Landfill, Swis No. 36-AA-0074. 2.2 Names of Owner and Operator The site is owned and operated by the Mitsubishi Cement Corporation. The address of the owner/operator of the facility is: Mitsubishi Cement Corporation 5808 State Highway 18 Lucerne Valley, California 92356-9691 (619) 248-7373 2.3 Location of Site The Cushenbury Landfill is located on the north flank of the San Bernardino Mountains, at the mouth of Cushenbury Canyon, and approximately eight miles southeast of the town of Lucerne Valley in the County of San Bernardino, California, as shown on Figure 2-1. (12)R91-1201 01991 Klcin(cldcr Inc. -All Rights Rcscrvcd 2-1 2.3.1 Township and Range The site is located in a portion of Section 10 in Township 3 North, Range 1 East of the San Bernardino Baseline and Meridian. 2.3.2 County Assessor's Parcel Number The site is within San Bernardino County Assessor's Parcel No. 447-021-07 (see Figure 6- 1). This parcel is 80 acres. The site currently occupies an area of approximately 10.5 acres within this parcel. 2.4 Existing Enforcement Orders and Permits The Cushenbury Solid Waste Disposal Landfill is currently regulated by waste discharge requirements contained in California Regional Water Quality Control Board, Colorado River Basin Region, Order No. 90-078, dated Oct. 19, 1990 (see Appendix A). The Cushenbury Landfill is currently not operating with a valid California Integrated Waste Management Board Solid Waste Facility Permit. However, the landfill was operating under Solid Waste Facility Permit No. 36-AA-074 (see Appendix A) issued to the previous owner and operator (Kaiser Cement Corporation) on Jan. 12, 1979, and until April 1988 when it was purchased by Mitsubishi Cement Corporation. (12)R91-1201 01991 K1cin(cldcr Inc.-All Rights Rcscrvcd 2-2 3 ti...T' ` J6ERNE VALLEY 7 ML.'.' E 4 34{• �•1 ;. t ,' STATE HIGHWAY 18 Rely ^ r 1 r ` • ". / f u ((( a / ( ) < �t1 •~ t. 000 ,l'%'!? I I ` L 1' e.ffr 1 •; ,«, , t 1' " t� - -SITE ng uih" 4654 Y- V ( 14-J W •'•., .� 1_�\_ v I a AOPR&IMATE LIMITS �1��,rr 9 x 10' ,� e s •' �OF LANDFILL 1/r may, _ , , , ••:••.� � . • 1tlen i ='� CBtAENT PLANT / ! ,�• e 1 wr- en f :.r`'. ' ' �'f1Pit Q I -=1 I�; �. ` "`� N tadnarcht�'/'�/\/ R`fc �,.n 111 -' 's '%--- � �...,.• .� �_ KI '' eM� I . 1 ��1 S!•- �1� ., .- .15,rr/'_ �_,�:✓..-,1 L`- I.• 11`�,'..'- ��. � ��4 ��j`�'� +\''��'I��� li ,"'� \\\ `� 4�(13( Plrbl Ca O. ` v,\t` _�"��,`��• '��, X8,1 / �,1�--•�Ll'- =��� I � 1�1�'1.. �� �� /,�� '\ ��\ /II '\ - .J.. c �_��.r. •',r `^� -�_�_ ` i.- \ (' 1t'I,II�t.l\'„d IP?<�1 - �// =MITSUBISHI CEMENTCORP.,.,,. PROPERTY BOUNDARY'+�' air.•• v-. \�, S- .�_-.:' �l'' ._=) j,� - ..;.� t�.�? so z ,�i `1 •6�` 1';����I, i �-.-=x,11',;`��� � --��i�.`��\ll�. �I $`��1` �� �,� � ,l T.1 N. R.I.E. REFERE?VCL- O 1,000 Z000 U.S.G S., 7.5 MINUTE SERIES TOPOGRAHIC MAP. BIG BEAR CITY, CALIFORNIA QUADRANGLE. DATE SCAIL 1._ ZOOO, OF AERIAL PHOTOGRAPHY 1969, PHOTORENSED 1971 SCALE-' 1:24,000 MITSUBISHI CEMENT CORPORA TION fnuRc CUSHENBURY LANDFILL KLEINFELDER 2_1 IJ70 voacr Ksra a; SWe 150 SITE LOCATION MAP A'omond &,, G 91765 (71 ) J96Q135 PRQI. MJ. 70- 1246-01 A 1246F01 `4- 3 LUCERNE VALLEY 7 ML.• ` Substation 34 1 \ -�'„���—�,.,--- ' Bess �. _ 1 r HIGHWAY 18 U r 447-121-03 447-021-02 _ jX•,r' I ; +c:�se •• - It +I"r �I 447-0211-03 447-111-06 447-021-05 APPROXIMATE LIMITS _OF LANDFILL 447-021-07 % . 12 447-021-08 447-111-04 . 44i-111-11 •. - i-P4f V . , n °.1 to en ; = CEMENT PL"ANTS cz+ 447-021-04� •t..� . 1 : I ftla 447-111`-110 4q� ;BORAOWAREA-,# i lot owr 4d) tishe 9e .�Ib. . •� Pit 447-031-G4 _ �;' �' i' 4 ' - I :M d na r c h I// : j•�+ .o y� __ - - 1� � .I. •:-•; � � t:=. .k' M � 447-111-10 e 1 1 FlAt 16 14 f \ +.�1�.\�\ •� .1 111: . M rbl Ca o _ _r IL 447-031-01 \`:-c ice; 1. ..' :., •'li I . l' .�•�. r-�`. :.�. .Q • :. .t. . :. - s: -• -�,. – _ - �; '';g�` `\sir�`�; .+ y �-MI�TS B ISHI CEMENT CORP. , :.Lam...:.,4.�..4.�-7Y—t-co.'t A—r 0-2 p ROPERY BOUNDARY 4!�4u'7e-I1 1+1�1 Y:-.:�11� : •'- , r�iItI:�;"��`I-l . ,t1�������\a-'�`�\\ := so 2 ''',�1liir hia\. «a T.3.N./R.I.E. 0 11000 2,000 LEGEND mmolml 3OO FEET BOUNDARY REFERENCE SCAIF- I'= 2,0001 SAN BERNARDINO COUNTY U.S.C.S., 7.5 MINUTE SERIES TOPOCRAH/C MAP. ACCESSOR S PARCEL NUMBER BIG BEAR CRY, CALIFORNIA QUADRANGLE. DATE 447-101-02 OF AERIAL PHOTOGRAPHY 1969- PHOTORENSED 1971 I L---PARCEL NO. SCALE. 1:24,000 �----PACE NO. BOOK NO. DRAWN BY ------ ARA �1"=2000' Exx/elT K L E I N F E L D E R PARCELS WITHIN AND ADJACENT TO IJ70 nd Talky l/r91 a., Suite 96 MITSUBISHI CEMENT PLANT PROPERTY 1 Diamond Bar. G 91765 (7!t) J960JJ5 PRa/. N0. p ,S 70- 1246-01 I A 1246FO6 +� CE"E VALLEY 7 ML. 4 �' i` / CN1' 2 i • ��.. ' •. ; �, ,' —STATE HIGHWAY 18 y RC 3§t RC �, .cam J M ., /~�` {t•� t..`.�{ �i;:::; tti iYit`.aiat �:t=�• .I< �>�`•,:•h::T1,• :.t.. — .. •;' ._ - '!l.\�- ` .) V + -A:: _ `.:'r::":tic��k. [{:i:•:' - +l�A �-(\ c a RC t• 4. �i'•` c:ti=ei;: `•:f-. ,• '?`�?►,: 'ads ;l•�'.-.::•:."•"• .••._�• :tea.' •••K J /O �I. 1� \I �...i, M 9 PPROXI LIMITS ! }:c:' ,� .: :-: t= ::: :A: ,..•::A MATE $ 'f{Y :;fs< .. ,� ir•%:.', �z:` ' ::.:� OF LANDFILL !- "�'•:.?:=c`:x�:yC�`'�.a. '_. .:�. 1 _ • rod IR sue:, RC RC . .:;f.:'•' ci�•.` ;F4r•-�'"e.. ::r• r � •�/ .11' .8 I CEMENT PLANT P. 8 \.� wT mss.}+ - �•-.-' v � V RO r c h _1000' , y�`in� _t y� -9r �•�,� -� Fr I at 6 r d Ji RC 56 � / '�'� _ rRC _ •.,;:, _' ^� %- 8, ' 10001 . i =�;�' \ q -MI liUBISHI CEMENT CORP.), �Z "�? {�,- � l ,• J i,;,�r �- \ PROPERTY BOUNDARY` RC WE W. l' Q RC T.J.N./R 1.E 0 11000 z000 LEGEND SMILE I"= zoo0, — 1000' BOUNDARY REFERENCE- ZONING U.S G.S., 7.5 MINUTE SERIES TOPOGRAHIC MAP. CN NEIGHBORHOOD COMMERCIAL BIG BEAR CITY, CALIFORN/A OUADR4NGLE DATE lC COMMUNITY INDUSTRIAL OF AERIAL PHOTOGRAPHY 1969, PHOTOREVISED 1971 IR REGIONAL INDUSTRIAL SCALE., 1:24,000 RC RESOURCE CONSERVATION MITSUBISHI CEMENT CORPORATION muRE KLEINFELDER CUSHENBURY LANDFILL u7o voaey ►,�o a-., suite 150 SURRONDING AREA �_4 swim= Des G Desmond Bar, 91765 (714) J960JW LAND USE MAP PROD- A10. 70- 1246--01 A 1246F02 i EXHIBIT 2-1 CUSHENBURY CEMENT PLANT LANDFILL SITE LOCATION MAP -Y, •� ��•,,_ Y � l� tau �; � � .• . 5 - 0- 2000, 4000 APPf arL SGCF I' 2000' = \ Ir X �♦ �:' SITE 9 °I s. `r . J., ° ' ' `�\�_r-1 �� $ C t •• Cheniuy W \ • ���.� n- oo 9w '4a2 d • /�:?� ?� !� - - - /-�,�"� � � '�C == �f—'c �.�• •• ail �'' ..• !1 C `.� `� �NI.�.. a. ^.' �`�l�ish�nt, ., •1 t1 ( �. •�., '. ^.' �'.. i'1 �!r SQ: ( Qom© f 1 •x• J v ` ��>i Cam--• .,��.� � Rit'.iv -+ ��� ♦ • le OL 1, .•r>;' I\ :i��' ,,r�•.� :z? X. 0, idpo X �•i j( r / � coo , 1• .�� •�J 11 G�, � .--�e 14 r 7t Source: United States Geological Survey Big Bear City Quadrangle (12)R91-1205 °I99I Klcin(cldcr,Inc. -All Rights Rcscrvcd 2-2