COMPLIANCE INFO_1973-2003 - Laserfiche WebLink

Home Browse Search

10"TE OF CALIFORNIA + GEORGE DEURM E.IiAN Govern o CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD ;.;. IO2u NINTH SI REST S,IITF 3UU SACRAMENTO. CALIFORNIA 95814 APS? 1 11990 APS Mr. Edwin Oyarzo Heller, Ehrman, White, McAuliffe 333 Bush Street San Francisco, CA 94104-2878 Subject: California Clay Landtiil, SWIS X139-AA-UU10, Cove Contractors, Inc. (Owner/Operator) Dear Mr. Oyarzo: This letter was generated because t the California Integrated Waste Management Board (Board) staff's concerns regarding the content of your letter dated January 22, 1990, to Mr. Scott Walker, Calitornia Regional Water Quality Control Board, of which a copy was forwarded to Board staff. There are some discrepancies Board staff felt should be clarified concerning the five-year permit review process, submittal of a closure ;'postciosure maintenance pian, and the California Environmental Quality Act (CEQA). In order to initiate the permit review process, it is necessary to file application for permit review with the local enforcement agency (LEA) as req by Title 14, California Code of Regulations (CCR), Section 18213. In your letter you incorrectly stated submittal of a Periodic Site Review Report initiates the permit review process. A periodic site review is required pursuant to 14 CCR 17751. The operator of the California Clay Landfill is overdue in submitting both an application for permit review and a Periodic Site Review Report. Your letter also stated that, "it makes sense to stop accepting waste at the landfill before submitting closure and postclosure maintenance plans." In regards to the timing of submitting closure postclosure maintenance plans, Government Code (GC), Section 66796.22(b) and 14 CCR 18255 effectively state that final closure and postclosure maintenance plans for solid waste landfills are required to be submitted two years prior to reaching capacity. If your site conditions or activities apply to this timeline, then a closure/postclosure maintenance plan is required to be submitted ,ten or before July 1, 1990. GC 66796.22(b) also requires that the operator or owner certify to the Board and the LEA that you have prepared an initial cost estimate, established a trust fund or other financial mechanism, and that the funding of the selected mechanism will ensure adequate resources for closure and postclosure maintenance. The closure./postclosure certification must be approved prior to resuming operation. CEQA Guidelines, 14 CCR 15301 were cited as being applicable for an "existing facility" exemption for the approval of closure and postclosure maintenance plans. The specific subsection of CEQA Guidelines, 14 CCR 15301 was not identified in your letter. An exemption under any subsection of 14 CCR 15301 may not be applicable because closure is a new project requiring discretionary approval by public agencies and may have significant impacts upon the environment.