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HomeMy WebLinkAbout07/00/1989, 2 - CONSIDERATION OF COLD CANYON LANDFILL INC.'S REQUEST FOR A CHANGE IN HOURS OF OPERATION 'Original agenda materiE .rom meeting of 7/18/89, plus Meeting Date- 7/18/89 correspondence (Pgs. 2-- :hru 2-12) received since that -:e. all RAF city of san tins osispo Item No. qns COUNCIL AGENDA REPORT FROM: John Dunn, CA� By: Michael Dolder, Special CAO Assistant SUBJECT: Consideration of Cold Canyon Landfill Inc.'s Request For A Change In Hours of Operation RECOMMENDATION: Receive Additional Verbal Staff Information and Review Alternatives and Give Direction As Appropriate. BACKGROUND: Cold Canyon Landfill Inc. is requesting an exemption to City Ordinance 1984 (1986 Series) in order to reduce landfill operating hours (Attachment #1). This exemption request is being made in an effort to extend the operating life of the present landfill site. Based upon the current disposal rates, the Landfill Company is predicting that the site will reach capacity prior to completing the permit process for site expansion. The landfill company is requesting to reduce the operating hours as follows: Monday through Saturday - 8:00 a.m. to 3:00 p.m. Sunday and Three Major Holidays - Closed The landfill company contends that a decrease in operating hours will extend the operating life of the site for three reasons. 1. The landfill operators will be able to spend additional time compacting the solid waste and perform other operational measures, which will increase efficiency of the landfill. 2. The shorter landfill hours will encourage people to seek alternative methods of disposing of solid waste, including transporting the refuse to other sites. 3. Reducing public hours will create incentives to recycle material currently transported to the site. Under the current Solid Waste Franchise Agreement, Ordinance 1984 (1983 Series), the City Administrative Officer may modify the operating hours of the landfill. The City Council is being asked to review the following alternatives and give direction as appropriate. Alternatives: 1. Agree to the Landfill Company's request to decrease public operating hours as follows: Monday through Saturday - 8:00 a.m. to 3:00 p.m. Sunday and Three Major Holidays - Closed RECEIVED These hours would remain in effect until the site is expanded. JUL 1 //8 11989 v25-(6) CITY CK SAN WIS OBISPO,CA �� uIIPU city of San Luis OBispo COUNCIL AGENDA REPORT 2. Allow the Landfill Company to decrease its operating hours to the public except to City of San Luis Obispo residents and business owners. 3. Condition the request to decrease the Landfill Company's public operating hours as follows: a. All public and private refuse haulers are to separate brush and vegetation prior to landfill delivery and the Landfill Company will chip all brush and vegetation on site in order to reduce the volume of solid waste and to provide greater compacting of these materials, or b. Require City of San Luis Obispo residents and business owners to separate all solid waste as follows: glass, aluminum, garden and vegetation materials, paper/cardboard and other solid wastes into five separate containers and require San Luis Garbage to individually collect these materials with garden and vegetation materials to be either composted or chipped, or C. Require Cold Canyon Landfill to compost all organic material at either an on- site location or at some other site to reduce the volume of solid waste at the Landfill, or d. Require San Luis Garbage Co. to take north coast solid waste to other disposal sites. C. Change the City solid waste collection 'rate structure from a flat fee to a per can fee basis. Pros and Cons of Alternatives 1. Decreasing the operating hours of the landfill until the landfill is expanded may extend the life of the site for the reasons cited by the landfill owners. This would require greater compacting at the site, however, it is probably unrealistic to expect the public, except north coast residents, to use alternative landfills or alternative disposal methods simply because of time convenience and thus the site would not realize the expected reduction in the amount of solid waste.. 2. The closure of Los Osos Landfill has caused the greatest reduction in the operational life of the landfill. Reducing the hours of public disposal could cause north coast residents to use alternative disposal sites and thus extend the life of the landfill. City residents would continue to dispose of solid waste at days and times currently required under the existing solid waste franchise. City residents with the same access will have little effect on the operating life of the site since most City residents will simply adjust their disposal times rather than changing dumping sites or recycling efforts. 3. a. Separating garden material and other vegetation from the solid waste stream and chipping these materials prior to solid waste disposal will significantly reduce the volume of solid waste. The reduced volume will allow more efficient compacting and will extend the life of the landfill. v25-(6) � A city of San LUIS OBISpo ONGs COUNCIL AGENDA REPORT b. Requiring City residents and business owners to separate glass, aluminum, garden and vegetation materials, and paper/cardboard from other solid wastes will significantly reduce the volume of waste entering the landfill. Currently, recycling of aluminum, glass and paper/cardboard is voluntary. Cardboard bailing by businesses could be included in this program. Disposal incentive programs, such as reduced rates could be used to increase the recycling efforts on a community wide basis. The urgency to reduce the volume of solid waste supports this alternative. The solid waste haulers, San Luis Garbage, as in Alternative 3a would be required to chip or compost the separated garden and vegetation materials. Other communities using the Cold Canyon Landfill should be requested to require similar recycling programs. County-wide recycling efforts would allow the EIR of the site expansion to be completed before the existing site reaches capacity. C. Composting all organic materials will significantly reduce the volume of solid waste currently disposed of at Cold Canyon. In the past the Landfill Company has not been willing to take on the responsibility of composting except to haul organic materials to a composting site specified by the City. Establishing an off-site composting area- may require approvals which could significantly delay the implementation of this alternative. d. Disposing of north coast solid waste at other disposal sites will immediately reduce the volume of solid waste entering Cold Canyon Landfill. Reduced operating hours at Cold Canyon will also require the landfill operators to more efficiently compact the existing site. This alternative alone may not be enough to extend the life of the landfill. e. The current flat fee rate structure does not encourage reduction of solid waste disposal. Each household can dispose of one or more cans at the same cost. A per can charge would encourage recycling and would reduce the volume of solid wastes. Fiscal lmnact Approving the request to reduce the operating hours of the landfill will have no immediate fiscal impact on the City. However, if the landfill reaches capacity before the site is expanded, the City and its citizens could face significant disposal costs increases. The chipping of organic materials, composting and requiring north coast trash to be disposed of at other sites will have varying cost impacts on the Landfill Company, San Luis Garbage Co. and the consumer. Actual costs will have to be obtained through discussions with these companies. Summary The current landfill situation has been brought on by the closure of the Los Osos landfill. Prior predictions by Cold Canyon indicated a five year capacity of the existing site. Currently, the landfill is expected to reach capacity in less than two years. v25-(6) Gig MAW city of San Luis OBispo COUNCIL AGENDA REPORT The City of San Luis Obispo cannot prevent the predicted landfill crisis by itself. However, only the City has a franchise agreement which requires specific.landfill operating hours for its citizens. The alternative selected will impact all cities and communities using the landfill as well as the Landfill and Garbage Companies. A combination of actions such as Alternative 3a,3b, 3c, 3d and 3e will have the greatest impact on reducing solid waste volume in order to avert the predicted solid waste disposal crisis. Recommendation Receive Additional Verbal Staff Information and Review Alternatives and Give Direction As Appropriate. Attachments Attachment I - Cold Canyon Landfill Int.'s request for a change in operating hours. Attachment 2 — Letter from County Health Agency v25-(6) A a ANDRE, A PROFESSIONAL LAW CORPORATION I MORRIS & BUTTERY PETER I.ANDRE(Reined) MICHAEL J.MORRIS JAMES C.BUTTERY DENMS D.SAW RECEIVE® JTODDCHUB l P.TERENCE SCHUBERT 'JUL ) fy�v 1304 Pacific Street Post Office Boz 730 July 6, 1989 CITY CLERK Sen Luis Obispo SAN LUIS OBISPO.CA California 934060730 Telephone 605/543.4171 Fax Number 805/543.0752 John Dunn City Administrative Officer City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403-8100 Re: Cold Canyon Landfill, Inc. ; landfill operating hours Dear Mr. Dunn: On June 12, 1989, Cold Canyon Landfill, Inc. , appeared before the San Luis Obispo City Council, seeking support for the expansion of the Cold Canyon Landfill. This meeting with the City Council had been preceeded by a meeting on June 2, 1989, when representatives from Cold. Canyon met with city staff members, and Ms. Penny Rappa. At both meetings, Cold Canyon informed the City' that, due to a variety of factors, including the closing of the landfill in Los Osos, there was a strong possibility that the Cold Canyon Landfill would be at maximum capacity prior to the expansion being completed, if an environmental impact report was requested. At the conclusion of the meeting on June 12, the City Counsel indicated that it supported the expansion of the Cold Canyon Landfill, but that a full environmental impact report should be completed prior to allowing the Landfill to expand. The council directed Ms. Rappa to present this viewpoint to the County Board of Supervisors at the Supervisors's Meeting on June 13, 1989. The Supervisors, after being advised of. the City's position, adopted a resolution requiring a that full environmental impact report be completed on the Cold Canyon project prior to the expansion of the Landfill. As a result of this decision, Cold Canyon is taking steps to extend the present life of the Landfill, in order that the environmental studies required and the preparation of the expansion site can be completed prior to the closure of the Landfill. As one of these steps, Cold Canyon has applied to the County to decrease aL �'� A ANDRE, A PROFESSIONAL LAW CORPORATION MORRIS & BUTTERY John Dunn July 61 1989 Page Two the hours during which the landfill is opended to the public. At the present time, the landfill is open every day of the year except for Christmas and New Years Day as follows: Monday through Saturday - 7:00 a.m. to 4:30 p.m. Sunday and Holidays - 7: 00 a.m. to 3 : 00 p.m. In order to operate the landfill in a more efficient manner and to increase the site life, the operators of Cold Canyon have applied to the County to decrease the hours of operation at the landfill site to the following hours: Monday through Saturday - 8:00 a.m. to 3 : 00 p.m. Sunday and three major holidays - Closed. The three holidays during which the landfill will be closed include Christmas Day, New Years Day, and Thanksgiving. Decreasing the hours in which the landfill is open to the Public will have. a beneficial effect for a variety of reasons. First, the landfill operators will be able to spend additional time compacting the solid waste which is delivered to the landfill, and performing other operational measures which will increase the efficiency of the landfill. Second, the shorter landfill hours will encourage people to seek alternative methods of disposing of their solid waste refuse, including transporting the refuse to alternative sites. Third, a decrease in the public hours will increase the incentive to recycle materials which are presently transported to Cold Canyon.- Under anyon:Under the Solid Waste Franchise Agreement between San Luis Garbage Company and the City of San Luis Obispo, San Luis Garbage contracts with Cold Canyon Landfill to provide a solid waste disposal facility for City residents. Under this Agreement, San Luis Garbage is required to request the consent of the City. Administrative officer to modify the hours during which the landfill is open. Please consider this letter a formal request for . ANDRE. DRE. A^ROFESSIONA I.LAW CORPOIi 4T1ON MORRIS & BUTTERY John Dunn July 61 1989 Page Three such consent. We would appreciate your prompt attention to this matter, and a favorable response at your earliest convenience. If You have any questions, or require any additional information, please do not hesitate to contact me. Very truly yours, P. TERENCE SCHUBERT PTS/mdm cc: Ron Dunin, Major Peg Pinard, City Council Penny Rappa, City Council J. Reiss, City Council Allen Settle, City Council City Counsel Charles Cattaneo, San Luis Garbage Carol Florence ltr\dunn.ccl r Y �- 000NTY OF SAN LUIS OBISPO -ds HEALTH AGENCY Department of Public Health 4191 Johnson Avenue • P.O.Box 1489 San Luis Obispo,Califomia 93406 (805)549-5500 July 17, 1989 Cold Canyon Landfill, Inc. 1319 Marsh Street San Luis Obispo, CA. 93401 Subject: Request for change in operating hours at the Cold Canyon Landfill File No. 40-AA-004 Our Department has reviewed your request for a reduction in public service hours presented in your letters dated May 17, 1989 and July 6, 1989. In conjunction with the above requests our Department has met and discussed this matter with your officers and staff on June 21, 1989, and again on July 14, 1989.. Pursuant to an understanding reached during our meeting of July 14, 1989, our Department makes the following findings: 1. .The schedule change of hours of operation and days of closure listed below does not constitute a significant change as described in California Government Code, Section 66796.30(e) . 2. The schedule change of hours of operation and days of closure - appears justified to allow for additional waste compaction and improved environmental control. 3. The schedule change of hours of operation and days of closure does not appear to constitute a degradation of health and well-being conditions. Our Department, as the Local Enforcement Agency for Solid Waste Management, appro es the following public service hours to be effective on 'Augi "sE _I4J 4989;_1 w..:..,._.,::.• t3bnday _through Sanday 8.00 -a m to 3.00 p Major ltoli'days, of New'Year s Day, Washington s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas - CLOSED If you have any questions regarding this matter, contact the Solid Waste Section at 549-5557. TIM MAZZACANO, R.E.H.S. , Director DivSion of En ironmental Health HN SCA LTES, P E.H.S. Environmental Health Officer cc: James Johnson, Supervisor Dist. 4 George Protopappas, County Engineer Deborah Hossli, CAO Staff TM/JS:dw JUL 1 i96 '108 SAN el Y�. resp led pap" LUISosISPO sao.CA ANDRE, A PROFESSIONAL AW CORPORATION MORRIS - .. . ._.. PETER R.ANDRE(Retired) & BUTTERY MICHAEL J MORRIS JAMES C.BLTIERY JJ^ I DENNIS D.LAW 1.TODD MMOLLA P.TERENCE SCHUBERT 1304 Pacific Stmt Post Office Box 730 San Luis Obispo July 20, 1989 ' California 93406'0730 Telephone 8051543.4171 Fax Number 8051543-0752 John. Dunn HAND-DELIVERED City Administrative officer City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403-8100 Re: San Luis Garbage Company request for change in Franchise Agreement; Landfill hours Dear Mr. Dunn: As you are aware, on July 6, 1989, San Luis Garbage Company formally requested, in conformance with the Franchise Agreement between the City of San Luis Obispo and San Luis Garbage, that the City Administrative Officer consent to a modification of the hours at the Cold Canyon Landfill site. Concurrent with that request, the owner of the landfill site, Cold Canyon Landfill, Inc. , requested, through the San Luis Obispo County Department of Public Health, that the landfill operation hours be modified. On July 17, 1989, the Department of Public Health granted Cold Canyon' s request, and set the public service hours at the landfill to be as follows: Monday through Sunday - 8 : 00 a.m. to 3 : 00 p.m. Major Holidays - Closed The major holidays during which the landfill will be closed include New Years Day, Washington' s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. These modified hours are to be effective on August 14, 1989 . San Luis Garbage hereby requests that the City Administrative Officer consent to modify the hours in conformance with the hours which have previously been approved by the County JUL2 C ' iCliz U ANDRE, A PROFFCSIONAL L W CORPORATION NIORR:S & BUTTERY John Dunn July 20, 1989 Page Two Department of Health. This request differs from the request made on July 6, 1989, insofar as the landfill will continue to remain open on Sundays, and the landfill will be closed on four additional holidays. The modification of landfill operating hours is sought to accomplish two purposes. First and foremost, the schedule change will allow additional waste compaction, improved environmental control, and the implementation of more intensive operational methods which will increase both the efficiency of the landfill, and the landfill life. Secondly, modifying the landfill hours will encourage the public to take actions which will result in an increased the landfill efficiency. It should be emphasized, that it is not expected that the modification of landfill hours will greatly decrease the waste flow. The primary benefits in modifying hours will be reflected in a more efficient and sanitary landfill operation. Moreover, the present request to modify hours is a reasonable request., as the landfill will open only one hour later each morning and close one and one half hours earlier than the present schedule. In reviewing the Council Agenda Report (the Report) prepared for the council meeting on July 18, 1989, three alternative options were presented to the council. The first alternative would be to consent to the request by San Luis Garbage to decrease the public operating hours at the landfill. The second alternative would deny this consent, and require San Luis Garbage to maintain the hours set forth in the Franchise Agreement. The third alternative would be for the council to condition the approval of the Garbage Company's request in a number of ways. In reviewing these conditions, there appears to be some confusion as to the relationship between the franchisee, San Luis Garbage Company, the City, and the operators of the landfill, Cold Canyon Landfill, Inc. San Luis Garbage Company and Cold Canyon Landfill, Inc. , are two separate corporations, and are not owned and managed by the same people. San Luis Garbage Company is not owned by the same persons who own Cold Canyon _Landfill, Inc. San Luis Garbage has a contract with Cold Canyon, under which the City garbage is disposed of. ANDRE, A P':OFF=sIONAL L-%W COVOrAMIn ,\I0ruus & sUTIFERY John Dunn July 20, 1989 Page Three In reviewing the conditions set forth on page 3-2 of the report, conditions 3 (a) and 3 (c) require Cold Canyon Landfill to take certain steps, such as composting or chipping materials. Cold Canyon Landfill is not a party to the Franchise Agreement, and conditioning the Council 's consent to San Luis Garbage's request on requiring Cold Canyon to take certain actions is improper. San Luis Garbage cannot consent to these conditions for Cold Canyon Landfill, nor require Cold Canyon to comply with these conditions. Similarly, condition 3 (d) requires San Luis Garbage Company to take north coast solid waste to other disposal sites. San Luis Garbage Company does not service the north coast of San Luis Obispo County. Garbage services in that area are provided by Mission Country Disposal, a wholly separate garbage company.. i_ Regarding condition 3 (b) , the feasibility of the measures set forth has not been comprehensively addressed. You may ask yourself whether it is practical to require City residents to maintain five separate containers for the solid waste materials which are generated at private residences. However, that is a policy decision to be made by the City Council, and San Luis Garbage will work with the City, as it has in the past, to provide solid waste collection services to City residents. The purpose of this letter is not in any way to criticize the options which have been presented to the Council, but merely to provide additional information to the Council. The unforeseen closure of Los Osos Landfill and the rapidly diminishing capacity at the landfill have placed the San Luis Garbage Company, the City of San Luis Obispo, and the County in the unenviable position of being reactive rather than pro-active in dealing with the solid waste needs of local residents. To deal with these problems, and to meet the challenges which are presented, it is necessary for the City and San Luis Garbage to work together. we have common interests in meeting this challenge, and San Luis Garbage is looking forward to working with the City Council in finding solutions to these problems. It is not our intent to deal with these issues in an advesarial manner, but instead to look at the viable options which are available in a creative and comprehensive manner, in order that the problems which we all face can be solved. I. r. ANDIU- MOMS & BUTTERY � John Dunn July 20, 1989 Page Four If you should have any questions regarding the matters discussed above, please do not hesitate to call me. Similarly, should any of the Council members desire to meet with the Garbage Company in an informal setting to discuss these matters, we would be happy to do so. Very truly yours, P. TERE CE SCHUBERT PTS/mdm cc: Michael Dolder Ron Dunin .. Penny Rappa Peg Pinard Allen Settle Jerry Reiss Roger Picquet ltr\dolder.mic