HomeMy WebLinkAboutCity Council - 5298 RESOLUTION NO. 5298
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH DECLARING
ASCON LANDFILL A PUBLIC NUISANCE AND
ADOPTING FINDINGS OF FACT AND
CONCLUSIONS
WHEREAS, on July 6, 1983, the City Council of the City
of Huntington Beach held a duly noticed public hearing to
determine whether the continued maintenance and operation of
the Ascon Landfill (Steverson Mud Dump) constituted a public
nuisance, as defined under California Civil Code Sections
3479 and 3480; and
All members of the public who wished to be heard were
heard, and after due consideration, the City Council directed
the City Attorney to draft tentative findings of fact and
conclusions to declare that Ascon Landfill (Steverson Mud
Dump) constitutes a public nuisance,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Huntington Beach:
1. The City Council adopts the findings of fact and
conclusions, attached hereto and incorporated by reference
herein.
2. The Ascon Landfill (Steverson Mud Dump) is hereby
declared a public nuisance .
1.
r
3. The City Attorney is directed to proceed to abate
same by filing a civil action in a court of proper
jurisdiction.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a, igulard meeting thereof held on the
22nd day of August , 1983.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 7 Z,C-tCity Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of 1 ent
Services
mf
7/22/83
i
2.
FINDINGS OF FACT
1. The maintenance and operation of the ASCON Landfill
imposes indecent and offensive amounts of dust, noise and
odor upon the entire surrounding community or neighborhood,
which comprises a considerable number of persons, so as to
interfere with the comfortable enjoyment of life and property
by such persons in said community or neighborhood.
2. The ASCON Landfill site harbors hazardous and toxic
industrial waste materials which pose a potential health
danger of unknown magnitude to the entire surrounding
community or neighborhood, which comprises a considerable
number of persons, so as to interfere with the comfortable
enjoyment of life and property by such persons in said
community or neighborhood.
3. The ASCON Landfill site harbors hazardous and toxic
industrial waste materials in violation of Orange County
Solid Waste Facility Permit No. 30-AB-027, and California
Regional Water Quality Control Board Industrial Waste
Disposal Permit No. 987 and Order No. 75-178 of September 12,
1975.
4. The ASCON fill is a haven and breeding ground for
mosquitos so as to create unreasonable interference with
comfortable enjoyment and use of life and property in
violation of §4-2-1 of the Orange County Health, Sanitation
and Animal Code .
CONCLUSIONS
1. Under the California Civil Code §§ 3479 and 3480, a
public nuisance is defined as anything which is injurious to
health, or is indecent or offensive to the sense, or an
obstruction to the free use of property, which affects at the
same time an entire community or neighborhood, or any
considerable number of persons, so as to interfere with the
comfortable enjoyment of life or property.
2. The imposition of dust, noise and odor and the harboring
of toxic chemicals on the ASCON Landfill site constitute a
public nuisance in violation of said sections.
1.
I
3. The continued maintenance and operation of the Ascon
Landfill constitutes a public nuisance in violation of the
!, State Minimum Standards for Solid Waste Handling and
Disposal, §§ 17701 (Nuisance Control ) , 17706 (Dust Control ) ,
17712 (Noise Control ) , and 17713 (Odor Control ) . Such
standards prohibit state licensed dumps from introducing
offensive amounts of dust, noise and odor into the
surrounding community. The ASCON Landfill has violated these
standards and constitutes a public nuisance.
4. The continued maintenance of the Ascon Landfill
constitutes a public nuisance.
i
III
2.
MATERIAL IN SUPPORT OF FINDINGS OF FACT
Finding No. 1:
a) CCC §§3479, 3480.
b) Land use & population within one (1 ) square-mile
radius :
Residential - 19, 000 population
Edison High School - 3, 000 population
Edison Community Park
EPA Draft Report
c ) Complaints filed with South Coast Air Quality
Management District:
1 ) 1960-78: Approximately 340 odor complaints
2 ) 1979-82: Approximately 29 dust complaints
SCAQMD
d) Complaints made at June 6, 1983 public hearing.
See Statements of Harriet Stein, Norma VanderMolen, and Hugh
MacDonald
e) Violations issued:
1 ) 1958: Two nuisance violations issued for
noxious odor emissions.
2) 1971 : Nuisance violation issued for mercaptan
emissions (RSH compounds which give off disagreeable odors ) .
3 ) 1980-83: Five nuisance violations issued for
fugitive dust emissions (violation of California Health and
Safety Code §41700 and Orange County Air Pollution Control
District Rule 403 ) . Two of these violations resulted in a
two hundred sixty dollar ($260 ) fine and a one-year probation
for ASCON.
SCAQMD Record - Summary of Violations : See Attachment
"All
Finding No. 2:
a) California Civil Code §§3479 and 3480
b) Hazardous industrial wastes - see Attachments "B" ,
"C" (EPA Draft Report, July 1982 ) and "D" (County of Orange
Environmental Manpower Agency; "ASCON Landfill: Preliminary
Report" ) .
1.
Finding No. 3:
a) See above-mentioned attachments "B" , "C" and "D" ,
b) See Attachment "E" , Solid Waste Facility, Permit
No. 30-AB-027 and Attachment "F" , California Regional Water
Quality Control Board Order No. 75-178.
c) Industrial Waste Disposal Permit 98A: Contents
described on page 1, Attachment "D" , "ASCON Landfill:
Preliminary Report. "
Finding No. 4:
a) Mosquito problem: See citizen statements, June 6,
1983 public hearing.
b) §4-2-1, Orange County Ordinances
i
2.
Res. No. 5298
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF H'UNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is ,seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
adjo rned
at a/regular meeting thereof held on the 22nd day
of August 19 83 by the following vote:
AYES: Councilmen:
Pattinson, Thomas, Kelly, MacAllister
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley, Bailey, Mandic
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California