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LEA Advisory #51—Disposal Site Postclosure Land Use Page 2 of 5 a CCR 21770(b)). If a significant change in postclosure land use is proposed for these sites, a postclosure land use proposal should be submitted to the LEA to address compliance with 27 CCR 21190. The LEA is required to approve the proposed postclosure land use if the project involves structures within 1,000 feet of the disposal area, structures on top of waste, modification of the low permeability layer, or irrigation over waste (27 CCR 21190(c)). Many disposal sites have pre-existing postclosure land use activities (in place prior to August 18, 1989). Review and approval of these land use activities under 27 CCR 21190 is not required. However, LEAs should note that there is significant flexibility in applying minimum standards for closure and postclosure to pre-existing land use activities. This flexibility is contained in 27 CCR 21100(d), which gives the LEA authority to apply any closure or postclosure standard to these sites as necessary to address a threat to public health and safety or the environment. Similar flexibility is contained in 27 CCR 21100(f) which applies to non-municipal solid waste landfill (MSWLF) units (e.g., wood waste landfills). Activities Subject to the Regulatory Tiers Public Resources Code(PRC) Sections 44001 and 44002 require operators of solid waste facilities to obtain solid waste facility permits. Therefore, activities subject to the regulatory tiers, located within the boundaries of closed or closing disposal sites (e.g., composting facilities), must obtain the applicable solid waste permit before these activities can commence unless specifically exempted or excluded. These activities are also subject to the postclosure land use standards of 27 CCR 21190.Activities subject to tiered permits must either be already incorporated into the approved final plans, or be added as revisions to the approved final plans for closed or closing sites operating on or after January 1, 1988. For sites that ceased operating prior to January 1, 1988, final plans are not required and the proposed activities would be submitted as a proposal pursuant to 27 CCR 21190. If an activity changes beyond the approved land use change(e.g., new or expanded layout, higher waste throughput, new permit tier activity) a new postclosure land use proposal or revision to the final plans should be submitted. Site Boundary Issues "Disposal site"or"site" includes the place, location, tract of land, area, or premises in use, intended to be used, or which has been used for the landfill disposal of solid wastes (PRC Section 40122). In practice, this definition means that any property located outside the parcel containing the solid waste is not subject to the postclosure land use requirements of 27 CCR 21190, even if the outside property is within 1,000 feet of the waste footprint(27 CCR 21190(c)). This can be problematic for the CIWMB and LEA because parcel boundaries can be split from the disposal site, allowing development close to the waste footprint without triggering postclosure land use controls and approvals. Local building codes and ordinances can provide enforceable buffer zones controlling land use development adjacent to disposal sites(e.g., Los Angeles County building codes). Another way for the LEA to influence the control of postclosure land use development adjacent to disposal site parcels is to participate as early as possible in the local planning process when rezoning and building permits come up for issuance. It is also important to note that where the Department of Toxic Substances Control (DTSC) has jurisdiction over postclosure land use pursuant to California Health and Safety Code Section 25221 (i.e., hazardous waste sites), it has broad authority over adjacent land use activities on property outside the disposal area. Review of Postclosure Land Use Proposals Suggested guidelines for review of all postclosure land use proposals, revisions to final plans, or portions of closure and postclosure maintenance plans, subject to 27 CCR 21190, are as follows: 1. Project Description (27 CCR 21190(a-c)) Check description of postclosure land use activity and implementation schedule. Is the detail sufficient to address 27 CCR 21190(a-c)? Review description of land use change to ensure consistency with any required tier permit application and permit covering the activity. http://www.ciwmb.ca.gov/LEAAdvisory/51/ 2/20/2008