Released June 21, 2000
INTRODUCTION
The recent
public and political controversy concerning the Tajiguas landfill prompted the
members of the Grand Jury to investigate and publish a report giving an
adequate, informative and unbiased appraisal of the Tajiguas landfill as it
presently exists.
This report
covers the complex set of issues that must be considered in dealing with the
long term handling and disposing of waste within Santa Barbara County. In particular, it was decided to concentrate
on the Tajiguas landfill with regards to:
·
Environment
·
Capacity
and Life Expectancy
·
Recycling
·
Costs
CONCLUSIONS
The Grand Jury
found that the Department of Public Health and the Department of Public Works
have done an excellent job in keeping the landfill environmentally safe. It was also concluded that the Tajiguas
landfill was neither visually nor environmentally polluting.
FINDINGS AND RECOMMENDATIONS
Grand Jury
Finding 1: The in-situ water treatment zone past the
collection trench at the Tajiguas landfill has not been built.
Public Works
Department Response to Finding 1: Public Works Department (PWD) agrees with
the finding.
BOS Response
to Finding 1: The Board adopts Public Works’ response
as the Board of Supervisors’ response
(Agrees).
Grand Jury
Recommendation 1: Public Works, Solid Waste Division, should
try to get an in-situ water treatment zone past the collection trench as soon
as possible.
PWD Response
to Recommendation 1: The recommendation will not be implemented
because it is not warranted. The Public
Works, Solid Waste & Utilities Division proposed the in-situ water
treatment zone in 1997 prior to several other projects that have been
implemented to improve groundwater quality.
Currently, there are no outstanding regulatory issues with groundwater
quality at the landfill. The projects
that have been implemented are controlling landfill impacts to groundwater such
that Public Works does not recommend the additional expenditure of funds to
install an in-situ treatment system. The
completed projects since 1997 include the following:
·
Lowering
the submersible pumps in the collection trench;
·
Increasing
the storage capacity for water recovered by the collection trench;
·
Installing
a gas collection and recovery system; and
·
Installing
a horizontal well dewatering system.
BOS Response
to Recommendation 1: The Board adopts Public Works’ response as
the Board of Supervisors’ response (The recommendation will not be implemented
because it is not warranted).
Grand Jury
Finding 2: Tajiguas Landfill was found to neither
contribute to pollution nor pose a health threat to the people of Santa Barbara
County.
Public Health
Department (PHD) Response to Finding 2: Agree.
BOS Response
to Finding 2: The Board adopts Public Health’s
response as the Board of Supervisor’s
response (Agrees).
Grand Jury
Recommendation 2: Maintain the current level of monitoring.
PHD Response
to Recommendation 2: The recommendation has been implemented.
With the passage
of AB 1220 several years ago, the responsibility for the extensive regulations
governing the operation of landfills has been spread among a variety of state
and local agencies. A listing of the
agencies with regulatory authority at the Tajiguas landfill has been provided
along with a brief description of their respective permit requirements.
(Sections A-C)
A. Local Enforcement Agency: Environmental
Health Services/Solid Waste Facility Permit
The Tajiguas
Landfill operates under the authority of Solid Waste Facility Permit 42-AA-0015
issued by the Local Enforcement Agency (LEA), which is the Santa Barbara County
Health Department, Environmental Health Services Division. The California Integrated Waste Management
Board has also concurred in the issuance of this permit. The Solid Waste Facility Permit contains a
number of specifications and prohibitions.
For example, it identifies the types of waste that may be accepted,
places a daily limit on the volume of incoming waste, stipulates where the
waste may be placed and how high it can be stacked, as well as the total
capacity of the facility.
In addition to
prohibition and specifications, the solid waste facility permit requires that
the landfill be operated according to strict criteria. These criteria are collectively referred to
as State Minimum Standards.
In order to
assess the operator’s compliance with State Minimum Standards, LEA staff
performs monthly inspections at all landfills operating in the county,
including Tajiguas. These inspections
are very thorough and include observation and evaluation of the following:
Record keeping
·
The
separation and handling of hazardous wastes
·
Handling
and disposal of waste
·
Condition
of waste hauling vehicles
·
Site
drainage and grading
·
Bird and
litter control
·
Landfill
gas migration
As waste material
decomposes, it produces a gas that consists primarily of methane. Methane gas can develop into an explosion
hazard if it exceeds certain concentrations.
Consequently, regulations require monitoring for methane inside
structures at the landfill and at the landfill property boundary to determine
if methane concentrations exceed specified limits.
The operator has
installed a continuous gas monitoring system with sensors located in the
primary landfill structures. During the
course of routine inspections conducted by LEA staff, hand held gas detection
units are used to double-check methane gas levels inside the buildings at the
facility. The operator has installed
special gas monitoring probes around the perimeter of the property. These probes are sampled quarterly by the
operator. The results are then forwarded to the LEA. Additionally, a representative number of these monitoring probes
are field sampled by LEA staff each month.
Due to its
sensitive location along the coast and the fact that the area is subject to
high wind conditions, special efforts must be made by the landfill operator to
keep dust and litter from blowing off-site.
To that end, the LEA receives quarterly reports from the operator that
outline their on-going dust and litter control efforts.
In general, the
LEA (the Environmental Health Services Division of the Public Health
Department) has found the Tajiguas Landfill to be regularly in compliance with
conditions and requirements of Solid Waste Facility Permit No. 42-AA-0015.
B. Regional Water Quality Control Board: Waste
Discharge Requirements (WDRs)
Surface and
groundwater quality issues fall under the statutory responsibility of the
Regional Water Quality Control Board (Water Board). The permit issued to the operator of the Tajiguas Landfill is
called Waste Discharge Requirement Order No. 93-69. This Order contains specifications, water quality protection
standards and provisions that are intended to mitigate and avoid the impacts
associated with waste disposal on water quality.
With regards to
Tajiguas, Waste Discharge Requirement Order No. 93-69 specifies:
·
Discharge
prohibitions
·
Landfill
operational and design standards
·
Water
quality protection standards
Compliance with
the operational and design standards is determined through annual inspections
by Water Board staff. These inspections
are generally performed during the rainy season or after a rain event. Compliance with water quality standards is
determined by the results of an extensive sampling program.
Attached to Waste
Discharge Requirement Order No. 93-69 is Monitoring and Reporting Program 93-69
which specifies:
·
The
location where samples are to be collected.
·
How
frequently these samples are to be collected.
·
The types
of contaminants each sample is to be analyzed for.
In addition,
Monitoring and Reporting Plan 93-69 identifies the sampling and analytical
methods to be used, the records to be maintained by the operator and the
reports that the operator must submit to the Water Board.
The Regional Water Quality Control Board
staff has informed the LEA that they have generally found that the Tajiguas
Landfill is in compliance with all aspects of Waste Discharge Requirement Order
No 93-69.
C. Santa Barbara County Air Pollution Control
District Permit to Operate
As mentioned
previously, as the waste material decomposes, it generates gas. Landfill gas consists primarily of methane
but may contain traces of other compounds such as vinyl chloride or
tetrachloroethylene depending on the composition of the buried waste.
In order to
mitigate the health and safety risks associated with landfill gas, the operator
installed a gas collection and flare system.
This system consists of a network of gas collection wells and conveyance
pipes that collect gas from the landfill and direct it to a flare unit that
burns the gas much like a pilot light.
Because this flare represents an emission source, the Santa Barbara
County Air Pollution Control District (the District) determined that it was
necessary for the operator to obtain approval for an operating permit from the
District.
The permit from
the District, Permit to Operate 9788, is similar in intent and form to the
Waste Discharge Requirements issued by the Water Board. It is a very comprehensive document that
provides an engineering evaluation of the gas control process and
equipment. It identifies the pollutants
of concern associated with the burning of landfill gas and sets performance
standards, such as the quality of the emissions from the gas flare unit.
This permit
stipulates how the combustion process is to be monitored and how
frequently. It states where and how
often “finished” product samples are to be collected to assure compliance with
the established performance standards.
Finally, the
permit requires that the operator submit a plan detailing the maintenance and
calibration schedule for all of the collection and flare process monitoring
equipment such as flow meters. Records
are to be kept on site and available for review by District personnel when they
perform their annual inspections of the facility. A gas energy recovery facility has been constructed and will soon
be connected in to the gas collection system.
The Santa Barbara
County Air Pollution Control District has generally found the Tajiguas Landfill
gas collection and flare system to be in compliance with all conditions
specified in Permit to Operate No. 9788.
Conclusion
As it was stated
at the beginning of this report, the regulations governing the operations at
landfills are very extensive. Each
agency with oversight authority issues permits containing numerous
prohibitions, specifications and operating procedures designed to assure to the
greatest extent possible, that the landfill will not represent a threat to the
environment or public health and safety.
In the current regulatory environment, it is more likely that these
regulations will become more stringent in the future, rather than less. Consequently, the level of monitoring at the
Tajiguas landfill by Environmental Health Services as the LEA, will be
maintained to reflect the regulations and permit conditions in effect at the
time.
While the LEA
cannot speak for the two other jurisdictional agencies having regulatory
oversight over the Tajiguas Landfill, applicable regulations implemented by
those agencies are in effect at this time.
Permit conditions or waste discharge requirements may be modified from
time to time by those agencies and their respective boards; as a result, the level of regulatory
oversight of other agencies will be reflective of regulations and permit
conditions in effect at the time
BOS Response
to Recommendation 2: Maintain the current level of
monitoring. (Agrees).
Grand Jury
Finding 3: The Tajiguas landfill was opened in 1967 as
a 100 year holding site. In the past 32 years, approximately half of its
capacity has been used. With careful
re-cycling, the site will be adequate for another 60 years.
PWD Response
to Finding 3: The Public Works Department agrees with the
finding. Careful (increased) recycling will reduce the community’s reliance
upon the Tajiguas Landfill. 60 years of
physical capacity exist at the site.
However, environmental review, regulatory permits and policy direction
would be necessary.
BOS Response
to Finding 3: The Board adopts Public Works’ response as
the Board of Supervisors’ response, and would like to add the following
clarification. Although there could be
60 years of physical capacity at the site with increased recycling efforts, the
landfill would have to be expanded, which would require significant
environmental reviews and regulatory permits.
Additionally, based upon other considerations, such as proximity to the
coast, it is desirable to pro-actively evaluate alternative sites.
Grand Jury
Recommendation 3: Utilize the site to its capacity until the
year 2060. Continue with the effort to find another site away from the
coast. If and only when this is
economically feasible, consider moving the waste operations to that site.
PWD Response
to Recommendation 3: Due to the complexities of this Grand Jury
recommendation, the Public Works Department will respond to each of the
following sentences that comprise the recommendation:
Utilize the
site to its capacity until the year 2060. This recommendation
will not be implemented because it is not reasonable at this time. Solid waste technologies are constantly
improving and regulatory activities are constantly changing such that
committing the County now to use the Tajiguas landfill site for the next 60 years
is not reasonable.
Continue with
the effort to find another site away from the Coast.
This recommendation has been implemented. In August 1999, the Board
of Supervisors directed staff to begin a study to site a new regional landfill
within the County’s borders. Public
Works staff indicated that the development of a new landfill site could take
between 10 to 15 years to accomplish.
Based on the findings of the study, a strategic plan will be developed
to guide future efforts such as specific site analysis, property acquisition, CEQA compliance, acquisition of local and
state permits, design and construction, and a financial plan.
Many criteria
are considered in the siting of a new facility. In April 2000, the Board directed staff to proceed with a
proposed landfill siting process. The
process includes:
·
interacting
with local stakeholders through publicized workshops,
·
preparing
technical siting criteria,
·
identifying
potential sites using the criteria,
·
ranking the
sites, and
·
presenting
the potential sites to the Board of Supervisors.
This process
will be completed in early Spring 2001.
Given the time frame for new landfill siting as stated above, the Board
directed staff to prepare an Environmental Impact Report for the expansion of
the Tajiguas landfill to provide 15 years of disposal capacity for Santa
Barbara County. It is also likely
within the next fifteen years that new and improved technologies will be
developed and solid waste regulation will change.
If and only
when this is economically feasible, consider moving the waste operations to
that site. This recommendation will not be implemented
because it is not warranted. Although
economic feasibility is one of the most critical criteria in selecting or
changing a landfill location, it is not the only criteria. The County Board of Supervisors will have to
consider a broad range of criteria including but not limited to security,
regulatory permitting, environmental constraints and community concerns prior
to making such a decision.
BOS Response
to Recommendation 3: Due to the complexities of this Grand Jury
recommendation, the Board of Supervisors will respond to each of the following
sentences that comprise the recommendation.
Utilize the
site to its capacity until the year 2060. The Board adopts
Public Works’ response as the Board of Supervisors’ response (This
recommendation will be not be implemented because it is not reasonable at this
time). Solid waste technologies are
constantly improving and regulatory activities are constantly changing such
that committing the County now to use the Tajiguas landfill site for the next
60 years is not reasonable.
Continue with
the effort to find another site away from the Coast. The
Board adopts Public Works’ response as the Board of Supervisors’ response (This
recommendation has been implemented).
If and only
when this is economically feasible, consider moving the waste operations to
that site. The Board adopts Public Works’ response
as the Board of Supervisors’ response (This recommendation will not be
implemented because it is not warranted).
There are other important issues that need to be taken into
consideration in addition to economic feasibility, such as regulatory
permitting, environmental constraints and community concerns. The Board would also like to note that at
its regularly scheduled meeting of August 3, 1999, The Board directed staff to develop another County Landfill site
as a long-term disposal solution, with the goal that the Tajiguas Landfill be
closed within 15 years or sooner.
Grand Jury
Finding 4: Recycling efforts are currently 40 tons per
day short of the 50 percent of the 1990 baseline goal as mandated by AB 939.
PWD Response
to Finding 4: The Public Works Department agrees with
the finding with the following clarification.
The unincorporated area of Santa Barbara County needs to divert an
additional 70 tons per day in order to achieve the 50 percent diversion
mandate. The 70 tons per day can be
broken down to 40 tons on the South Coast and 30 tons from the North County.
BOS Response to Finding 4: The Board adopts Public Works’ response as
the Board of Supervisors’ response .
Grand Jury
Recommendation 4: Build a Material Recycling Facility (MRF)
either at Tajiguas or a locally developed MRF, whichever is economically
feasible, as recommended by the CAC report.
PWD Response
to Recommendation 4: The recommendation requires further
analysis. The report prepared by the
Community Advisory Committee in 1999 recommended the development of a MRF,
composting facility, and transfer station located at the Tajiguas Landfill as
an alternative to expansion. In
addition, in August 1999 the Board of Supervisors voted to not include the CAC
proposal in the Tajiguas expansion EIR and directed staff to evaluate the
components individually.
More recently,
the Community Environmental Council (CEC) proposed the construction of a MRF
for the South Coast. A conceptual
proposal was made at subsequent Board of Supervisor and City of Santa Barbara
City Council meetings. The Board and
the City Council have directed their staffs to evaluate the economic
feasibility of the facility. The
results of this analysis should be available prior to December 1, 2000. A copy of the analysis will be provided to
the Grand Jury. Assuming the results of
the analysis are favorable and Board and City Council concur, the next steps
would be to adopt an agreement with CEC to secure the flow of recyclable
material to the facility. Design and
construction of the facility will require Land Use review and approval from
City of Santa Barbara.
BOS Response
to Recommendation 4: The Board adopts Public Works’ response as
the Board of Supervisors’ response. A
report will be provided to the Grand Jury prior to December 1, 2000.
2000-2001 Grand Jury Comments
The Grand Jury
Report highlights three major areas concerning the closure of the Tajiguas
Landfill. They are:
1. There is enough space for approximately
sixty (60) more years of use at the present site
2. State sponsored and other water tests
have shown contaminants do not warrant closure of this facility.
3. The cost to close the old facility and to
maintain it for thirty (30) years as required by law, even if a new facility is
identified, is extremely high.
In light of
these three facts, agreed to by the affected agencies, it is difficult to understand
the decision not to continue using the Tajiguas landfill.