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HomeMy WebLinkAboutAdopt Resolution No. 2015-23 approving the decertification o il ��ar City ®f Huntington Beach x 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www huntingtonbeachca gov Planning Division Building Division 714.536.5271 714.536 5241 NOTICE OF CITY COUNCIL ACTION June 1, 2015 Jerry Moffatt Rainbow Environmental Services 17121 Nichols St Huntington Beach, CA 92647 SUBJECT: ENVIRONMENTAL IMPACT REPORT NO. 07-001 (WARNER NICHOLS) APPLICANT/ PROPERTY OWNER: Jerry Moffatt, Rainbow Environmental Services REQUEST: A request to decertify EIR No 07-001 which analyzed the potential environmental impacts associated with Rainbow Environmental Services' request to change the General Plan land use and zoning map designations from residential to commercial and industrial, and to demolish or remove existing historic structures on a +4 4 gross acre site on the southeast corner of Warner Ave and Nichols St LOCATION: 7622-7642 Warner Avenue, 92647 (southeast comer of Warner Ave and Nichols St) DATE OF ACTION: June 1, 2015 On Monday, June 1, 2015, the Huntington Beach City Council took action on your application, and decertified Environmental Impact Report No 07-001 by adopting Resolution No 2015-23 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the City Council is final Notice of Action EIR 07-001 (blamer Nichols) June 1,2015 Page 2 If you have any questions, please contact Ricky Ramos, the project planner, at rramos(&-surfcity-hb orA or (714) 536-5624 or the Planning and Building Department Zoning Counter at(714)536-5271 Sincerel Scott Hess, A CP Director of Planning and Building SH JJ RR kdc Attachment Environmental Impact Report No 07-001- Resolution No 2015-23 c Scott Hess, Director of Planning and Building Joan Flynn, City Clerk Ricky Ramos, Senior Planner Property Owner Project File i i I j ----- - RESOLUTION 2 015-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECERTIFYING FINAL EIR NO. 07-001 AND REPEALING RESOLUTION NO. 2013-61 WHEREAS,the City of Huntington Beach("City"), as lead agency, has completed and certified that certain Final Environmental Impact Report No. 07-001 for the Warner-Nichols project ("Project"),which project is more fully described in Final Environmental Impact Report No. 07- 001, and Final Environmental Impact Report No. 07-001 has been assigned State Clearinghouse #2011081099; and WHEREAS, on November 4, 2013,the City adopted Resolution No 2013-61, which certified Final Environmental Impact Report No 07-001 for the Project, and WHEREAS, on November 4, 2013,the City Council approved the Project, which was a proposed change in the General Plan land use designation for the Warner-Nichols property from RM-15 (Residential Medium Density--Max 15 dwelling units per acre)to CG-F1 (Commercial General—Maximum Floor Area Ratio of 0.35)on a plus/minus I.1 gross acre portion of the property fronting on Warner Avenue and to 1-F2-d(Industnal—Maximum Floor Area Ratio of 0.5—Design Overlay)on a plus/minus 3 3 gross acre portion fronting on Nichols Avenue, and to be consistent with the General Plan, a zoning map amendment(ZMA)to change the zoning designation from RM (Residential Medium Density)to CG(Commercial General) on the approximate 1.1 gross acre portion and to IG(General Industrial) on the approximate 3.3 gross acre portion The Project also included approval of the demolition or removal of historic structures on the subject property; and WHEREAS,the City received correspondence from Rainbow/Republic requesting the City as the lead agency to decertify Final Environmental Impact Report No. 07-001 because the City Council's action on May 18, 2015, which, pursuant to the request of Rainbow/Republic,began the process to amend the General Plan and zoning of the Warner-Nichols property back to Residential Medium Density, NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington Beach as follows- 1 Final Environmental Impact Report No 07-001 for the Project, State Clearinghouse#2011081099 is hereby decertified 2. Resolution No. 2013-61, which certified Final Environmental Impact Report No. 07-001 for the Project, is hereby repealed. 3 The Council acknowledges that this Resolution providing for the decertification of Final Environmental Impact Report No. 07-001 for the Project removes all CEQA approvals for the Project. 154756/121605 docx Resolution No. 2015-23 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the /s day of ,unG , 2015 ay r REVIEW APPROVED- INITIAT AN FP OVED U anager tuWtor of Planning and Building APPROVED AS TO FORM, r� _LL I)"L. f� City Att„mey 15-4756/121605 docx Res. No. 2015-23 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 I certify that the whole number of members of the City Council of the City of i Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on June 1, 2015 by the following vote, AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson NOES: None ABSENT: Sullivan ABSTAIN: None Cit Jerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Dept. ID PL 15-012 Page 1 of 2 Meeting Date:6/1/2015 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/1/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michael Gates, City Attorney Scott Hess, AICP, Director of Planning and Building SUBJECT: Adopt Resolution No. 2015-23 approving the decertification of Environmental Impact Report (EIR) No. 07-001 (southeast corner of Warner Avenue and Nichols Street) Statement of Issue: Transmitted for your consideration is a request to decertify EIR No. 07-001 which analyzed the potential environmental impacts associated with Rainbow Environmental Services' request to change the General Plan land use and zoning map designations from residential to commercial and industrial, and to demolish or remove existing historic structures on a ±4.4 gross acre site on the southeast corner of Warner Ave. and Nichols St. Financial Impact: Not applicable. Recommended Action: Approve Decertification of EIR No. 07-001 by adopting Resolution No. 2015-23 "A Resolution of the City Council of the City of Huntington Beach Decertifying Final EIR No. 07-001 and Repealing Resolution No. 2013-61." Alternative Action(s): The City Council may make the following alternative motion(s): 1. Do not decertify EIR No. 07-001. 2. Continue the recommended action and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant/ Property Owner: Jerry Moffatt, Rainbow Environmental Services, 17121 Nichols St., Huntington Beach, CA 92647 Location: 7622-7642 Warner Ave. (southeast corner of Warner Ave. and Nichols St.) HB -57- Item 5. - I Dept. ID PL 15-012 Page 2 of 2 Meeting Date:6/1/2015 This is a request by the property owner to decertify EIR No. 07-001 in light of the City Council's action on May 18, 2015, to direct the City Manager to initiate General Plan and Zoning Map Amendments (GPA and ZMA) to change the current designations of the subject property back to Residential Medium Density. B. STAFF ANALYSIS AND RECOMMENDATION: EIR No. 07-001 analyzed the potential environmental impacts associated with Rainbow Environmental Services' request to change the General Plan land use and zoning map designations (GPA No. 05-001 and ZMA No. 05-001) from residential to commercial and industrial, and to demolish or remove existing historic structures on a +4.4 gross acre site on the southeast corner of Warner Ave. and Nichols St. Based on City Council's direction to repeal its prior action on GPA No. 05-001 and ZMA No. 05-001 by initiating General Plan and Zoning Map Amendments to restore the prior designation of Residential Medium Density on the subject property, it would be appropriate to decertify the project EIR. Environmental Status: The decertification of EIR No. 07-001 is not subject to further environmental review. Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Resolution No. 2015-23 "A Resolution of the City Council of the City of Huntington Beach Decertifying Final EIR No. 07-001 and Repealing Resolution No. 2013-61." SH:JV:RR:KDC Item 5. - 2 HB -58- RESOLUTION 2015-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECERTIFYING FINAL EIR NO. 07-001 AND REPEALING RESOLUTION NO. 2013-61 WHEREAS, the City of Huntington Beach ("City"), as lead agency, has completed and certified that certain Final Environmental Impact Report No. 07-001 for the Warner-Nichols project ("Project"), which project is more fully described in Final Environmental Impact Report No. 07- 001, and Final Environmental Impact Report No. 07-001 has been assigned State Clearinghouse #2011081099; and WHEREAS, on November 4, 2013,the City adopted Resolution No. 2013-61, which certified Final Environmental Impact Report No. 07-001 for the Project; and WHEREAS, on November 4, 2013, the City Council approved the Project, which was a proposed change in the General Plan land use designation for the Warner-Nichols property from RM-15 (Residential Medium Density-- Max 15 dwelling units per acre) to CG-F1 (Commercial General—Maximum Floor Area Ratio of 0.35) on a plus/minus 1.1 gross acre portion of the property fronting on Warner Avenue and to 1-F2-d (Industrial—Maximum Floor Area Ratio of 0.5—Design Overlay) on a plus/minus 3.3 gross acre portion fronting,on Nichols Avenue, and to be consistent with the General Plan, a zoning map amendment (ZMA) to change the zoning designation from RM (Residential Medium Density) to CG(Commercial General) on the approximate 1.1 gross acre portion and to IG (General Industrial) on the approximate 3.3 gross acre portion. The Project also included approval of the demolition or removal of historic structures on the subject property; and WHEREAS, the City received correspondence from Rainbow/Republic requesting the City as the lead agency to decertify Final Environmental Impact Report No. 07-001 because the City Council's action on May 18, 2015, which, pursuant to the request of Rainbow/Republic, began the process to amend the General Plan and zoning of the Warner-Nichols property back to Residential Medium Density. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. Final Environmental Impact Report No. 07-001 for the Project, State Clearinghouse #2011081099 is hereby decertified. 2. Resolution No. 2013-61, which certified Final Environmental Impact Report No. 07-001 for the Project, is hereby repealed. 3. The Council acknowledges that this Resolution providing for the decertification of Final Environmental Impact Report No. 07-001 for the Project removes all CEQA approvals for the Project. 15-4756/121605.docx Resolution No . 2015-23 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the /sf day of jcjA G , 2015 ay r REVIEW APPROVED: INITIATE AN PP OVED: 41 C* anager it ctor of Planning and Building APPROVED AS TO FORM: City Att rney 15-4756/ 121605.docx Res. No. 2015-23 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 at least a majority of all the members of said City Council at a Regular meeting thereof held on June 1, 2015 by the following vote: AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson NOES: None ABSENT: Sullivan ABSTAIN: None 04404&)Of. Cit Jerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Esparza, Pay From: Dombo, Johanna Sent: Monday, June 01, 2015 1:35 PM To: Esparza, Patty Subject: FW: Waste Transfer Station Attachments: wtsguide.pdf You might need this for tonight? SUPPLEMENTAL COMMUNICATION From:stephanie green [mailto:steffiehome@gmail.com] Sent: Monday,June 01, 2015 1:28 PM Meeting Date: (0 To: CITY COUNCIL Subject:Waste Transfer Station Agenda Item No. Dear Mayor Hardy, and the City Council Members I have spent the better half of this weekend researching best practices for Waste Transfer Stations (WTS). It has been enlightening to say the least. In light of the lawsuit with OVSD and the fact Rainbow has been bought out my Republic, I ask that you spend a little time doing your own research. I have attached a few items that might peak your interest. What I am asking comes as a concerned resident. Concerns for the community of children and the rest of our city. Some interesting facts I found were: 1) The nuisance complaints you are hearing from the Oakview community are not unique. They are clearly outlined in several reports when you research best practices for Waste Transfer Stations. There is an abundance of data on all the conditions that arise from having a WTS in your community. 2) Most cities that agree to host a WTS receive reduced costs for their residents for waste pick up. (Funny because HB has one of the highest I can find in surrounding cities) And have a community over site board that ensures decisions are being made in alliance with the long term community plan. 3) A work group formed by the EPA studied the fact the these WTS are strategically put in neighborhoods of poverty and color. (Very true to the case in HB) 4) A suggestion by the EPA is for Local government to charge the WTS owner(s) a fee to ensure adequate money to hire 3rd party inspectors to insure the safety and well being of the surrounding community. I have to admit I was a little shocked when I found that Rainbow has self determined that they are not subject to the rules and regulations every other Waste Transfer Station is subjected to. See my attached Nov violation of AQMD Rule 410. This rule states specifically that: (a) Purpose: The purpose of this rule is to establish odor management practices and requirements to reduce odors from municipal solid waste transfer stations and material recovery facilities. (b)Applicability: This rule applies to new and existing transfer stations and material recovery facilities with a permitted throughput greater than 100 tons per day. The requirements are clear. Once they applied for the permit to increase to 4000 tons they are a modified facility. A modified facility is subject to these regulations which include enclosure. 1 d)Requirements for New and Modified Facilities Prior to commencing operations at a new facility, or increasing throughput at an existing facility such that it becomes a modified facility, the owner or operator of either a new facility with permitted throughput greater than 1,000 tons per day, or a modified facility shall: (1) with the exception of C&D debris, conduct tipping, sorting and transfer operations within the confines of an enclosure that meets the following requirements: (A) the area of all openings including but not limited to vents, windows, doorways and roll-ups, in the enclosure through which air can enter the enclosure shall be between 2%and 5% of the enclosure opening percentage of the total surface area of the enclosure's exterior walls,floor and horizontal projection of the roof, or the minimum percentage required by a local or state regulation; and (B) the ventilation system is designed and operated to maintain the inward face velocity of air through each opening.... I have attached some of what I found - I even sent you my highlighted copies of a few. I am asking all of you as our City Council to take another look at what this WTS is doing in our city. Please do not do what the past City Council did and turn a blind eye. We need to start viewing the land and community here in HB as valuable. Stop giving it away, and stop allowing big businesses to provide the minimum (or less than minimum in the case of Rainbow). Rainbow thought they were exempt, from rules and regulations. They are not - nor should they be. If they are the business we want in HB, they should step up and do what it takes to follow the State mandated regulations and best practices, especially when they have a 1000 of our children right across the street. Please do not continue to allow them to give HB residents even less than the minimum. Please take the time to read through best practices and the regulations and ask yourself are we doing a disservice to our community by allowing a WTS to operate in the middle of our city, across from our largest elementary school, even though it doesn't meet even the minimum regulations put forth by the State? This issue is complex, I see that. But from where I sit, I think if you are looking out for the residents of City of HB, you will ensure this WTS meets the minimum requirements to operate in the State of California. Hold them accountable for not enclosing, mitigating odors, varmint, and dust. I feel you should also put into place some sort of ongoing source both financial and community driven to ensure inspection and compliance for years to come. We can't solely rely the AQMD or the county of Orange Heath Department to ensure the WTS in our city is not a public hazard or nuisance to the community that surrounds it. Who has the most vested interest in ensuring the beauty and vitality of this city? AQMD or the residents of HB? BTW - I would have come to the microphone tonight to speak at the meeting, but I am without a voice. So please forgive me for dumping this last minute email to all of you. Thank you for all you do! I appreciate all of the time and thought you put into every decision. Stef Green 18041 Starmont Lane HB 714-402-8070 2 rule-410.pdf NOV Form 10-24-14 --Failure to Enclose.jpg waste-trans-reg-strtgy.pdf 3 rule-410.pdf- Google Drive Page 1 of 1 rule-410.pdf CO"4-/� A)07- A"/J1` i Sign In https:Hdocs.google.com/file/d/OB7fNsF8KdbQUUC1 BN2g2MOhCYIE/edit?pli=1 6/1/2015 Page 1 of 1 ® SO TH COAST"AIR QUALITY MANAGFMIENT DISTRICT - 21N5 COPLEY DRIVE. DIIA`ONO 6AR,CA 91765.4178 MI [RATE OF 490LhFh']NNNICE. OF VIOL LD .. � } W B vu) YY , a t . LX4. E�(46TW ��6k MUIIL1hK3lIDDF!£SS' G►TY I.Q.a CiTy. E CN 'TELEPHONE a YOU ARE HEREBY NiC YriFico THATAVIOLATION flF GALIFORNLh FiMTH A N D SAFETY' CODE SKMON{S ACIDI SO H t>i M'I,�IAPIACAEMET QIS7RICT RULE{5) HAS BEEN COIQIAAITTED.SUCH VIOLATIONS MAY BE iPU NISHED BY THE IMPOSITION OF THE cIVILoR CRIMINAL PENALTIESPAMR]BEDO' ARTICI_EACHAPTER4,PART4, DIVISION 2$(BEGINNING V►aTH SECTION 424001 OF THE CALIFORNIA HE,+IaTH AtiNEi t SAFETY OODE.EACH IAY DURING WH ICH THE VIOLATION OCCURS MAYBE PUNISHED ASA SEPARATE VIOLATION'IrAI i}4FRORNOTA NOTICE OFVtOLATIONISIS,;LIEDON EACH SUCH JDAY.' Descrlptp of violation.. _ %TrA b z i "y INSK-CTOR SERVED TCJ: 71FLB; ' OFFMIS OF STATIONARY SOURCE OOMPLIANCE ORIGINAL https:Hlh5.googleusercontent.com/1 j gJsVbg6m2TDim 1 UUDOkoX5HIU6NOV 1 nRzpaEBu... 6/l/2015 waste-trans-reg-strtgy.pdf- Google Drive Page 1 of 1 waste-trans-reg-strtey,- t IfOIt-L.b N dT ?A-tj; C=Sign Np S/6a.) /,v) https://docs.google.com/file/d/OB7fNsF8KdbQUbHIwdl dZeHQ3bG8/edit?pli=1 6/l/2015 u .,� i III I Ili �, � a,.11 pill IIIIIII �l' :�vlQi li IV I I hyh� i ul i "I4i„Iq la � i, i i i, ^11IIIIiIIQiI - � e'sy4 — IV � h`IIII � IIIIII I i � „ `a iiulliillq - _ ' lu d — � ii Illlll Ml WOEOE V Y4" ti � iml J iJ i I'III I III � � ;i Ill it Ili III IIII � - — lllilli i ilpl'll"i�"fl � �IiI�ill�l'll�^kk, -- V ii� 1v IIIIIII IIII �I ��•_ -eh" ,,. 8 0 'I a IIIIIIII III 6 Aw__- I' - .�«,„,I,ipu�a ��,�iuV',I�� I II'I '� i IIIIIII IIIII i ip III Illlll lw:d, v ,�" I i,, ';i11, IIIII Ili�;i - 'h i�III Illlll II,fF .3'Ill III III ^ it i ,,J IIIq��i h V la I w lin f-I Ivy? for 3VIA I L.-Owy I IM� You've just learned that a solid waste trans- fer station developer is proposing to build a facility in your community. Like many citi- zens,you may have concerns, including uncertainties about potential safety and health impacts.You may even wonder what a waste transfer station is. In simple terms, a him transfer station is a facility where solid waste is unloaded from smaller trucks and Wil reloaded into larger vehicles for transport to a final disposal site. Waste transfer stations make solid waste collection more effi- cient and reduce overall transportation costs, air emissions, energy use, truck traffic, and road wear and tear.This saves you and your community money and lowers the cost of your solid waste management services. The selection of a site for any waste-related facility can be a sensitive issue, particularly for those living nearby. In principle, most people realize that such facilities are needed and will be needed in the future. In some cases, however, concern arises about a specific location for a waste transfer station and whether the facility will be lVe Iii-ni a n e d vv 1 s te 7vn properly managed. stxldorls xve� You and your neighbors can . Located,designed,and operated to ensure the help influence decisions on public health,safety,and welfare of the com- transfer stations.This booklet munity and environment. provides key information you . Located so as to minimize incompatibility with will need to develop an opinion the character of the surrounding area. about a proposed or modified * Located where traffic patterns to or from the transfer station. It also provides facility minimize the impact on existing traffic ways or ideas on how to get flows. involved to enhance the value . Consistent with state, local or tribal regulations of the waste transfer station. and solid waste management plans. 51 A waste transfer station is a light industrial-type facility where trash collection trucks discharge their loads so trash can be compacted and then reloaded into larger vehicles (e.g., trucks, trains and barges) for shipment to a final disposal site, typically a landfill or waste-to-energy facility.Transfer station operators usually move waste off the site in a matter of minutes or hours. Transfer stations serve both rural and urban communities. In densely populated areas, they are generally fully enclosed. Waste transfer stations handle the trash that you set out for collection. At many transfer stations, workers screen incoming wastes on the receiving floor or in an earthen pit, recovering materials from the waste stream that can be recycled and sepa- rating out any inappropriate wastes (e.g., tires, large appliances. automobile batteries) that are not allowed in a disposal facility. Communities need transfer stations to move their waste effi- ciently from the point of collection to distant,regional landfills or waste-to-energy plants. By consolidating solid waste collec- tion and disposal points, transfer stations help communities reduce the cost of hauling waste to these remote disposal sites. Waste transfer stations may be the most cost-effective when they are located near a k collection area. The use of transfer stations lowers collec- tion costs, as crews spend less time traveling to and from distant disposal sites and more time collecting waste. E This reduces costs for labor, y �> fuel and collection vehicle maintenance. r' 2 Why are transfer stations growing in popularity around the United States?Besides reduced transportation costs, here are a few of the benefits. The waste transfer station: • Reduces overall community truck traffic by consolidating smaller loads into larger vehicles. • Offers more flexibility in waste handling and disposal options. Decision-makers can select among different disposal options and secure the lowest disposal fees or choose a desired method of disposal (e.g., landfilling, waste-to-energy)- • Reduces air pollution, fuel consumption, and road wear by consolidating trash into fewer vehicles. • Allows for screening of waste for special handling.At many transfer stations, workers screen incoming wastes on con- crete floors or conveyor belts to separate out readily recycla- ble materials or any inappropriate wastes (e.g., tires, automobile batteries) that are not allowed in a landfill or a waste-to-energy facility. • Reduces traffic at the disposal facility. The fact that fewer vehicles go to the landfill or waste-to-energy facility reduces congestion and operating costs and increases safety. • Offers citizens facilities for convenient drop-off of waste and recyclables. Some transfer stations have a designated area, often called a convenience center, where residents drop off waste or recyclables in collection containers. Traffic, noise, and odor may exist around waste transfer sta- tions. Other problems that can result frorn an improperly designed or operated facility, include: • Rodents and birds. • Litter. • Air emissions. 3 Thoughtful design choices and well-managed operations can and do address potential negative impacts. This section will describe typical concerns and offer suggestions that you can take to your transfer station developer to help resolve your con- cerns.A more detailed discussion of ways to reduce the impacts of waste transfer stations is provided in EPA's Waste Transfer Stations:A Manual for Decision-Making, Draft EPA530-D-01-005, February 2001. Traffic v� Transfer stations reduce overall traffic by consolidating smaller loads into larger vehicles. The � transfer station, however, will = u.. generate additional amounts of n_ traffic in its immediate area. This traffic can contribute to w increased road congestion, air emissions, noise, and wear on x roads. For this reason, waste transfer stations are often locat- ed in industrial areas that have ready access to major road- ways. Travel routes and resulting traffic impacts typically receive significant attention during transfer station siting and design. Some important design and operating features that should be used include: • Selecting sites that have direct access to truck routes, high- ways and rail or barge terminals. • Providing adequate space within the facility site so that cus- tomers waiting to use the transfer station do not interrupt traffic on public roads or impact nearby residences or busi- nesses. • Designating haul routes to and from the transfer station that avoid congested areas, residential areas, business districts, schools, hospitals and other sensitive areas. • Designing safe intersections with public roads. 4 Noise Heavy truck traffic and the operation of heavy-duty facility equipment (e.g., conveyors and front-end loaders) are the pri- rnary sources of noise From a transfer station. Design and oper- ating practices that help reduce noise include: • Confining noisy activities within buildings or other enclo- sures as much as possible. • Using landscaping, sound barriers, and earth berms to absorb exterior noise. • Arranging the site so that traffic flows are not adjacent to properties that are sensitive to noise. • Providing setback distances, called buffer zones. to separate noisy activities from adjacent land uses. • Conducting activities that generate the most amount of noise during the day. Odor Garbage, particularly food waste and grass, has a high potential for odor. Proper facility design can significantly reduce odor problems. Carefully positioning the building and its doorways with respect to neighbors is a good first step.At the transfer building itself, exhaust fans with air filters and rooftop exhaust vents can further reduce off-site odor impacts. Some of the operating procedures that can help reduce odors include: • "First-in, first-out" waste handling practices that keep waste on site only for short periods of time. • Removing all waste from the tipping floor or pit by the end of each operating day so that these surfaces can be swept clean and washed down. • "Good housekeeping" measures, including regular cleaning and disinfecting of surfaces and equipment that come into contact with waste. • eater misting and/or deodorizing systems. 5 Rodents and Birds Rodents and birds can be a nuisance and a potential health concern at waste transfer stations, but few basic design and oper- ational elements can control them. For instance, good housekeep- ing practices are a simple and effective means of minimizing their presence.These practices include removing all waste deliv- ered to the facility by the end of each day, and cleaning the receiving floor daily (small, rural facilities may require several days to accumulate a full container of waste for transport). Receiving waste only within an enclosed structure and otherwise preventing litter can reduce the presence of birds. If problems persist in the vicinity, baiting and trapping can control rodents. -::;1 _ I4 _.. -- ''- -- `iM1x_?off �� --.�h. - _• iNiz,r 4_ When a public hearing was held to announce the siting of a proposed waste transfer station in Auburn, New Hampshire, the town's citizens wanted to make sure their concerns would be addressed.Residents raised a number of issues about potential odor, noise, and truck traffic from the transfer station, which would consolidate waste from Manchester, New Hampshire, and surrounding communities,including Auburn.In addition, town officials voiced concerns about storm-water runoff from the transfer station. A private firm specializing in transfer stations and other waste management services listened to the issues raised at the hearing. The company showed its willingness to address these concerns by proposing changes to the transfer station's design and operat- ing plans. Modifications included: • Reorienting the transfer station building so warning alarms from trucks backing up would be directed away from residential areas. • Closing the transfer station doors to reduce odor whenever trucks are not delivering waste. • Providing a trash drop-off area apart from commercial vehicles and extending operat- ing hours to make site use more convenient for residents. • Setting up a gated fence around the site to maximize security and safety. Town officials also hired a consultant to address additional citizen concerns. The com- pany worked with the consultant to develop methods for safely managing storm-water runoff from the transfer station. The revised design included new drainage structures and roadway modifications. As a final condition for receiving a transfer station permit, the company developed an operating manual that employees will be required to follow.Town officials reviewed the operating manual and after additional modifications,the town approved the transfer station. 6 Litter In the course of facility operations, it is likely that stray pieces of waste may become litter in and around the waste transfer station. Measures that can help reduce litter include: • Positioning the main transfer building so that predominant winds are less likely to blow through the building and carry litter off-site. • Installing perimeter landscaping and fencing to reduce wind speeds at the transfer station site and to trap any litter. • Ensuring that tarps on open top trucks are secure. • Providing skirting around loading chutes. • Removing litter frequently to reduce the opportunity for it to travel offsite. • Patrolling nearby access roads to control litter from truck traffic. Air Emissions Air emissions at transfer stations can come from unloading dry. dusty waste delivered to the transfer station, exhaust from trucks, loaders and other equipment, and driving over unpaved surfaces. The following can reduce air emissions: • Requiring trucks delivering and picking up waste at the facil- ity to reduce unnecessary engine idling. • Working with fleet operators to reduce engine emissions (e.g., engine improvements or use of cleaner fuels). • Spraying dusty wastes with water as they are unloaded. • Ensuring that street sweeping operations use enough water to avoid kicking up dust. • Paving all surfaces where trucks operate. 7 Every solid waste management facility is required to obtain cer- tain government permits. Permit requirements may be estab- lished by state, local, or tribal governments. Regulations, which serve as the basis for permits, vary from jurisdiction to jurisdic- tion.Typical types of permits that a transfer station may be required to obtain include: • Solid waste facility permits—usually issued by state, local, or tribal agencies, which can govern siting, design, and operations. • Site development permits—usually issued by local or tribal agencies, which include zoning requirements, building per- mits, utility connections. • Environmental siting approvals—which are addressed by various levels of government and can pertain to wetlands, flood plains, culturally significant sites, or other protected areas. For a state-by-state checklist of major transfer station regula- tory issues see EPA's document, Waste Transfer Stations:A Manual for Decision-Making, Draft EPA530-D-01-005, February 2001, Appendix A. Communicate • Talk with authorities that plan, permit, and regulate waste transfer stations at the state level. (See the list of state solid waste contacts at the end of this guide). • Seek to understand the role of the various agencies. Learn about the types of decisions they have authority to make and the activities they can influence or control. • Talk to the waste transfer station developer and find out about his plans. The developer may be either a private company or government agency. Make sure the developer is aware of your concerns as early as possible so he can take steps to address them. Find out the name and phone 8 -------------------------------------------------------------------- number of the developer's contact person whom you can call for infor- n mation, to check on progress, and to share your concerns. • Check the site against the rules of your state or locality.Ask your state or trib- al government representative for copies of the regulations or where you can find them. • Get on mailing lists of the developer, local agencies (e.g., zoning, planning, solid-waste), and state agencies. Participate • Attend public information meetings, hearings, and decision meetings to express your interests. • Request a visit to the developer's completed and operating waste transfer stations. • Work with state and/or local oversight agencies to see how you can assist in monitoring the waste transfer station's performance. Negotiate - Your state, tribal, or local government agencies will deter- mine if the proposed waste transfer station meets current regulations. However,you and your neighbors may want to work with the transfer station developer to negotiate a sepa- rate agreement documenting commitments that you expect the developer to keep. This agreement can include both per- formance measures to ensure the community is not unduly impacted as well as possible benefits the developer will pro- vide to offset the facility's impacts. Benefits can range from commitments to employ local residents, construction of day care centers, parks or other facilities that enhance the com- munity to actual payment of a fee to enable the community to provide other neighborhood improvements. 9 It's important to get �mportant elements of an effective public partici- involved early to share your pation process may include the following: concerns with the waste transfer station developer • Advance notice of any proposed public or pri- and government regulators vate solid waste transfer stations. and discuss what the Bevel- • Advance notice of opportunities for public oper can do for you and your involvement in the approval process. community. • Local decision officials hear and address com- munity social, economic, and health concerns How can communities in advance of site selection and permit filing. open up the lines of • Open sharing of relevant information. Communication? Contact your local • Access to facility planning and/or permitting government. documents. Find answers to the following • Reasonable time to review documents and,if questions: warranted, the assistance of independent tech- nical experts. The Planning Process • A facilitator for public meetings who is experi- • Where can you obtain a enced or trained in working with communities copy of the locality's solid and addressing controversial issues. waste plan? • Availability of interpreters for public meetings • What is the process for and multilingual fact sheets,public notices and approving or amending the other outreach materials. solid waste plan?Determine • Feedback from state/tribal/local officials on if it has been followed. how they intend to address community con- Who is in charge of waste cerns. management planning and siting new facilities? • What is the process for establishing a new facility or modify- ing an existing one? • What area/ will this facility serve? • Who is the appropriate contact at the local level for project- specific information? • Has an application for a new or modified facility been sub- mitted to the local government, state, or tribe? If so, ask for a copy or where you can view it. • Are the facilities publicly or privately owned? 10 Applicable Regulations • What regulations/standards apply to waste transfer station siting, design, operation? Who enforces them? • Find out if there is a solid waste planning committee and, if so, when it meets. • Do the zoning ordinances specify where waste transfer sta- tions are allowed and the process for special exceptions to the existing zoning plan? Opportunities for Public Participation • What opportunities are there for public input? • Is there a central repository for documents for public review? • When is the zoning hearing and what are the procedures for participation? Contact your local elected official. Find answers to the following questions: • What information is available on the project? • What is the schedule for building the facility? • What is the size of the facility? • What are the proposed tonnages that the facility will handle, and what communities will they be coming from? • How much traffic will the facility generate? t • When is the public meeting t, scheduled? Contact your state solid waste or tribal environmental r agency. a , Find answers to the following questions: k 1 • What administrative require- ments exist, including public - � hearings for waste transfer " 0 stations? k ' 11 • What is the process for requesting a public hearing? • What are the regulations that apply to transfer stations?Do they address your concerns. If not, why not? • What is the permitting and regulatory process?Does regula- tory authority rest with the state agency, a local agency or a combination of the two? If located on a reservation, does authority rest with the tribal council or another tribal envi- ronmental entity? • Where can the public review the state application for a waste transfer station? How do I get involved? Form or join a community advisory panel. A community advisory panel (CAP) should reflect local diversi- ty and include residents, businesses, and industry. CAPS can provide insight and external input and may oversee administra- tion of host benefits or amenities agreed upon as part of siting discussions. For instance, a CAP might be formed to administer funds allocated for job training programs. To formulate your position on the proposed waste transfer station, review the information you have collected. Identify operating and design measures that will protect the public interest. Write down your concerns and thoughts in a concise, logical, and constructive manner. Attempt to understand other perspectives and acknowledge them while meeting your goals. Select your best spokesperson to present your position at the public meeting or hearing. Attend public meetings or hearings. Find answers to the following questions: • What benefits would the waste transfer station provide? • How will the waste transfer station affect the community and the environment? • How will the community be affected by truck traffic? • What types of litter, noise, and vector controls will the facility have? 12 • Will all waste be removed or containerized at the end of the day? • How will storm water and wash water runoff be managed? • How will the community be economically impacted? • What type of odor control will the facility have? • How will the waste transfer station save you money? • What potential hazards may be expected and how will they be addressed? • Does the community get any special benefits? Secure follow-up on your concerns from the local regulatory authority. Ask questions such as the following: • How will the local regulatory authority monitor resolution of your concerns? • When will you be able to meet with project manage- ment? • Who will provide long- V : term oversight of facility operations? "T f i • What provisions are being _ made so that.the public � can review the facility's ,=' � operating history and per- mit compliance after regu- lar operations begin? �, • Can the community be involved in site inspec- tions and reviews? • Will the authority help schedule a visit to a similar facility? 13 What kinds of community benefits might be negotiable? Based on the experience of communities around the country, there are many neighborhood benefits that can be negotiated if you communicate and meet with the waste transfer station developer. The range of community benefits depends on several factors, including availability of alternate sites, population densi- ty, land use of surrounding areas, and the economics of the pro- posed facility. Benefits that communities have asked for include: • Landscaping, lighting, and local park areas. • Limitations on waste generation sources (e.g., off reservation, out of county, out of state). • Funding of public road/infrastructure improvements. • Restrictions on truck traffic, including designated routing. • Guaranteed preference to the community's residents for employment. • Commitment to regularly pick up litter and sweep streets in and around the waste transfer station. • Participation in site inspections and operation reviews. • A hotline with the name and phone number of someone that will act on and respond to complaints. • Restrictions on operating hours. • Commitment to cleaning up the tipping floor at day's end. • Free or reduced-cost use of the facility for the community's residents and businesses. • Improvements to community schools, recreation programs, fire department, etc. • Free recyclables collection and/or processing. • Guarantees for housing values. • A fee paid to the local government for every ton of waste received at the facility. You can also negotiate to require that community representa- tives have access to the facility during operations to monitor 14 _ Thanks to the Santa Fe, New Mexico,Solid Waste Management Division's door-to- door informational campaign and the involvement of concerned citizens, the solid waste transfer station was designed in a way aesthetically pleasing to the residents.City officials responded to a number of citizen concerns regarding the design and proposed operation of the transfer station,including a request for the transfer station to conform to the stucco-and-tile architectural style prevalent in the Santa Fe area. To inform residents about the proposed waste transfer station, which opened in 1997, city officials conducted public hearings,met with neighborhood associations, and went door-to-door distributing newsletters with proposed details on the transfer station's design and how the decision-making process would be implemented.During the public involvement process, residents expressed concerns regarding traffic impacts,stray litter, odor and dust, and the visual affect of the transfer station.The city responded with a number of changes that included: • Building and upgrading roads to ensure large transfer trucks would travel north of the neighborhood,away from major streets. • Having crews daily pick up litter-that might glow or fall onto neighborhood streets. • Washing down the transfer station twice each week and removing transfer station waste at the end of each day. • A powerful ventilation system to limit odors. • Incorporating the design of the transfer station to be in the Santa Fe architectural style. It is important to note that the citizens most affected by the transfer station had lived for some time near the city's closed landfill.Over the years,city officials consistently responded to citizen concerns about illegal dumping and stray litter from the landfill, resulting in a positive, trusting relationship with the community.This relationship likely facil- itated the public involvement process. performance. Safety concerns and potential for interference with daily operations must be addressed if this provision is included. } ; 4 Information Available From EPA The following publications are available through the RCRA Hotline. To order a document, call 800 424- 9346 (or 800 553- 7872 for the hearing-impaired). In Washington, DC, the number 15 is 703 412-9810 or TDD 703- 412-3323. The RCRAA Hotline is open from Monday through Friday, 9 a.m. to 6 p.m., EST. • Waste Transfer Stations: A Manual for Decision-Making (EPA530-D-01-005) (Draft, February 2001.) • Social Aspects of Siting RCRA Hazardous Waste Facilities (EPA530-K-00-005.) • Decision-Maker's Guide To Solid Waste Management (EPA530-R-95-023) • Sites for Our Solid Waste: A Guidebook for Effective Public Involvement (EPA530-SW-90-019) An initial siting choice for a waste transfer station in Leon County,,Florida,failed to gain the approval of citizens and local business owners.In response,the county board held a series of public meetings and workshops for almost a year, to evaluate approxi- mately 15 potential alternative sites for the transfer station. Attended by hundreds of peo- ple, this public process resulted in a final site selection, after which the county board appointed a site development review committee whose mission was to develop operat- ing and design criteria that would meet the needs of businesses and residents in this sub- urban area of West Tallahassee. The committee comprised a neighborhood association representative,a local business representative,a university professor,a private consultant, and transportation, public works,and solid waste officials from city and county government. The committee requested transportation and noise studies to help it develop recommendations for reducing the transfer station's environmental impacts. The studies persuaded the county's solid waste department to change the transfer station from a top-load to a compactor-type design that would reduce noise, building height, and overall costs, plus provide for cleaner operations.The modified design also made funds available to improve the sound absorption of the transfer station's interior walls. The review committee also developed operating criteria addressing other potential hazards and nuisances to the community. One requirement included having an industrial hygienist monitor the safety of the transfer station annually. To compensate the community for hosting the transfer station,the committee approved a "host fee" of 50 cents per ton of waste. The community will use revenue from this host fee,expected to generate$75,000 in the transfer station's first year of operation, to pay for neighborhood improvements such as local sewer repairs. Leon County's transfer station has yet to be built,however.Despite extensive public involvement, a group of adjacent property owners is challenging the final site selection, even though they participated in the decision-making process. 16 Additional Information from EPA • The Model Plan for Public Participation, EPA National Environmental Justice Advisory Council. Contact EPA Office of Environmental Justice (http://es.epa.gov/oeca/main/ej/ nejacpub.html). • Constructive Engagement Resource Guide:Practical Advice for Dialogue Among Facilities,Workers, Communities, and Regulators (EPA745-B-99-008)June 1999. Contact EPA's National Service Center for Environmental Publications at 1-800-490-9198 or visit the Web at www.epa.gov/ staketiolders/siteguide.htm. Other Selected Sources of Information • Solid Waste Transfer in Illinois: A Citizen's Handbook on Planning,.Siting and Technology. Contact Dupage County Solid Waste Department, Wheaton Illinois. Telephone: 630 682-6755. • National Environmental Justice Advisory Council Regulatory Strategy for Siting and Operating Waste Transfer Stations (report#500-R-00-001). Contact Kent Benjamin at EPA at 202 260-2822 or visit the web at: http://es.epa.gov/oeca/main/ej//ne,jacpx.ib.html. Selected Internet Resources • EPA's Office of Solid Waste (www.epa.gov/msw) • EPA's Office of Environmental Justice (http://es.epa.gov/oeca/main/ej/index.html) • EPA's Office of Civil Rights (http://w-vvw.epa.gov/civitrights) State Solid Taste Contacts Alabama Alabama Department of Environmental Management, Land Division, Solid Waste Branch, P.O. Box 301463, Montgomery,AL 36130-1463. Phone: 334/271-7730, Fax: 334/279-3050 Alaska Alaska Department of Environmental Conservation, Environmental Health Division, Solid Waste Program, 410 17 Willoughby Avenue,Juneau,AK 99801-1795, Phone: 907/465- 5350, Fax: 907/465-5164 Arizona Arizona Department of Environmental Quality, Waste Programs Division, Solid Waste Section, 3033 North Central Avenue, Phoenix,AZ 85012, Phone: 602/207-4208, Fax: 602/207-2383 Arkansas Arkansas Department of Pollution Control and Ecology, Solid Waste Division, P.O. Box 8913, Little Rock,AR 72219-8913, Phone: 501/682-0600, Fax: 501/682-0611 California California Integrated Waste Management Board, 8800 Cal Center Drive, Sacramento, CA, 95826, Phone: 916/255-2182, Fax: 916/255-2227 Colorado Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division, 4300 Cherry Creek Drive South, Denver, CO 80222-1530, Phone: 303/692-3300, Fax: 303/759-5355 Connecticut Connecticut Department of Environmental Protection, Bureau of Waste Management, 79 Elm Street, 4th Floor, Hartford, CT 06106-5127, Phone: 860/424-3021, Fax: 860/424-4060 Delaware Delaware Department of Natural Resources and Environmental Control,Air and Waste Management.Division, Hazardous and Solid Waste Management, 89 Kings Highway, Dover, DE 19901, Phone: 302/739-4764, Fax: 302/739-5060 District of Columbia DC Department of Public Works, Solid Waste Administration, 2750 South Capitol Street, S.E., Washington, D.C. 20032, Phone: 202/645-7044, Fax: 202/645-6040 Florida Florida Department of Environmental Protection, Division of Waste Management. Bureau of Solid & Hazardous Waste, Solid Waste Management Section, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, Phone: 850/488-0300, Fax: 850/414-0414 18 Georgia Georgia Department of Natural Resources, Environmental Protection Division, Land Protection Branch, Solid Waste. Management, 4244 International Parkway, Suite 104, Atlanta, GA 30354, Phone: 404/362-2537, Fax: 404/362-2654 Hawaii Hawaii Department of Health, Environmental Management Division, Office of Solid Waste Management, 919 Ala Moana, Room 300, Honolulu, HI 96814, Phone: 808/586-4250, Fax: 808/586-4370 Idaho Idaho Division of Environmental Quality, Solid Waste Program, 410 North Hilton Street, Boise, ID 83706, Phone: 208/373-0502, Fax: 208/373-0417 Illinois Illinois Environmental Protection Agency, Bureau of Land, Solid Waste Management Section, P.O. Box 19276, Springfield, IL 62794-9276, Phone: 217/785-9407, Fax: 217/557-4231 Indiana Indiana Department of Environmental Management, Office of Solid and Hazardous Waste Management, P.O. Box 6015, Indianapolis, IN 46206-6015, Phone: 317/232-3210, Fax: 317/232-3403 Iowa Iowa Department of Natural Resources, Land Quality Bureau, Solid Waste Section, '' 900 East Grand Avenue, Henry A. Wallace-Bldg., Des Moines, IA 50319-0034, Phone: 515/281-4968, Fax: 515/281- � 8895 Kansas Kansas Department of Health and Environment, Division of Environment. Bureau of Waste Management, Forbes Field, 19 Building 283,Topeka, KS 66620, Phone: 785/296-1612, Fax: 785/296-1592 Kentucky Kentucky Department for Environmental Protection, Division of Waste Management, Solid Waste Branch, Frankfort Office Park, 14 Reilly Road, Frankfort, KY 40601 Phone: 502/564-6716, Fax: 502/564-4049 Louisiana Louisiana Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, P.O. Box 82178, Baton Rouge, LA 70884-2178, Phone: 225/765-0249, Fax: 225/765-0299 Maine Maine Department of Environmental Protection, Bureau of Remediation and Waste Management, Division of Solid Waste Facilities Regulation, 17 State House Station, Augusta, ME 04333-0017, Phone:2 07/287-2651, Fax: 207/287-7826 Maryland Maryland Department of the Environment, Waste Management Administration, Solid Waste Program, 2500 Broening Highway, Baltimore, MD 21224, Phone: 410/631-3304, Fax: 410/631-3321 Massachusetts Massachusetts Department of Environmental Protection, Bureau of Waste Prevention, Solid Waste Division, One Winter Street, Boston, MA 02108, Phone: 617/292-5953, Fax: 617/292-5778 Michigan Michigan Department of Environmental Quality, Waste Management Division, Solid Waste Program, P.O. Box 30241, Lansing, MI 48909, Phone: 517/335-9523, Fax: 517/373-4797 Minnesota Minnesota Pollution Control Agency, Policy and Planning Division, 520 Lafayette Road, St. Paul, MN 55155-4194, Phone: 651/297-8502, Fax: 651/297-8676 Mississippi Mississippi Department of Environmental Quality, Office of Pollution Control, Solid Waste Management Branch, P.O. Box 20 10385,Jackson, MS 38289, Phone: 601/961-5171, Fax: 601/354- 6612 Missouri Missouri Department of Natural Resources, Division of Environmental Quality, Solid Waste Management Program, P.O. Box 176,Jefferson City, MO 65102, Phone: 573/751-5401, Fax: 573/526-3902 Montana Montana Department of Environmental Quality, Permitting and Compliance Division, P.O. Box 200901, Helena, MT 59620-0901, Phone: 406/444-5270, Fax: 406/444-1374 Nebraska Nebraska Department of Environmental Quality,Waste Management Division, 1200 N Street, Suite 400, Lincoln, NE 68509-8922, Phone: 402/471-4210, Fax: 402/471-2909 Nevada Nevada Division of Environmental Protection, Bureau of Waste Management, Solid Waste Branch, 333 West Nye Lane, Capitol Complex, Carson City, NV 89710, Phone: 702/687-4670, Fax: 702/885-0868 New Hampshire New Hampshire Department of Environmental Services,Waste Management Division, 6 Hazen Drive, Concord, NH 03301- 6509, Phone: 603/271-2905, Fax: 603/271-2456 New Jersey New Jersey Department of Environmental Protection, Division of Solid and Hazardous Waste, P.O. Box 414, Trenton, NJ 08625, Phone: 609/984-6880, Fax: 609/984-6874 New Mexico New Mexico Environment Department, Environmental Protection Division, Solid Waste Bureau, 1190 St. Francis Dr., P.O. Box 26110, Santa Fe, NM 87503, Phone: 505/827-2855, Fax: 505/827-2902 New York New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 50 Wolf Road, Albany, NY 12233-7250, Phone: 518/457-6934, Fax: 518/457-0629 21 North Carolina North Carolina Department of Environment and Natural Resources, Division of Waste Management, Solid Waste Section, P.O. Box 27687, Raleigh, NC 27611-7687, Phone: 919/733-0692, Fax: 919/733-4810 North Dakota North Dakota Department of Health, Division of Waste Management, P.O. Box 5520, Bismarck, ND 58506-5520, Phone: 701/328-5166, Fax: 701/328-5200 Ohio Ohio Environmental Protection Agency, Division of Solid and Infectious Waste Management P.O. Box 163669, Columbus, OH 43216-3669, Phone: 614/728-5333. Fax: 614/728-5315 Oklahoma Oklahoma Department of Environmental Quality, Waste Management Division, P.O. Box 1677, Oklahoma City, OK 73102, Phone: 405/702-5100, Fax: 405/702-5101 Oregon Oregon Department of Environmental Quality, Waste Management and Cleanup Division Solid Waste Planning & Program Development Section, 811 S.W. Sixth Avenue, Portland, OR 97204, Phone: 503/229-5072, Fax: 503/229-6977 Pennsylvania Pennsylvania Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Municipal and Residual Waste, P.O. Box 8471,Harrisburg, PA 17105-8471, Phone: 717/787-2388, Fax: 717/787-1904 Rhode Island Rhode Island Department of Environmental Management, Division of Waste Management. 235 Promenade Street, Providence, RI 02908, Phone: 401/222-4700, Fax: 401/222-3813 South Carolina South Carolina Department of Health and Environmental Control, Bureau of Solid and Hazardous Waste Management, Division of Solid Waste Management, 2600 Bull Street Columbia, SC 29201, Phone: 803/896-4007, Fax: 803/896-4001 22 South Dakota South Carolina Department of Environment and Natural Resources, Division of Environmental Services, Waste Management Program, 523 East Capitol, Foss Bldg., Pierre, SD 57501-3181, Phone: 605/773-3153, Fax: 605/773-4068 Tennessee Tennessee Department of Environment and Conservation, Division of Solid and Hazardous Waste Management, Solid Waste Management Unit, 5th Floor, 1_, & C Tower, 401 Church Street, Nashville, TN 37243-1535, Phone: 615/532-0780, Fax: 615/532-0886 Texas TX Natural Resource Conservation Commission, Permits Division, P.O. Box 13087,Austin, TX 78711-3087, Phone: 512/239-6787, Fax: 512/239-2007 Utah Utah Department of Environmental Quality, Division of Solid and Hazardous Waste, Solid Waste Section, P.O. Box 144880, Salt Lake City, UT 84114-4880. Phone: 801/538-6170, Fax: 801/538-6715 Vermont Vermont Department of Environmental Conservation,Waste Management Division, Solid Waste Management, 103 South Main Street, Waterbury,VT 05671-0404, Phone: 802/241-3444, Fax: 802/241-3296 Virginia Virginia Department of Environmental Quality,Waste Division, P.O. Box 10009, Richmond, VA 23240-0009, Phone: 804/698- 4221, Fax: 804/698-4234 Washington Washington State Department of Ecology, Waste Management Programs, Solid Waste and Financial Services Program, P.O. Box 47600, Olympia, WA 98504-7600, Phone: 360/407-6103, Fax: 360/407-6102 West Virginia West Virginia Department of Environmental Protection, Office of Waste Management, Solid Waste Management Section, 1356 23 Hansford Street, Charleston, WV 25301-1401, Phone: 304/558- 5929, Fax: 304/558-0256 Wisconsin Wisconsin Department of Natural Resources,Air and Waste Division, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707, Phone: 608/266-1327, Fax: 608/267-2768 Wyoming Wyoming Department of Environmental Quality, Solid and Hazardous Waste Division, 122 West 25th Street, Cheyenne, WY 82002, Phone: 307/777-7752, Fax: 307/777-5973 American Samoa Environmental Quality Commission,American Samoan Government, Department of Public Works, Pago Pago,American Samoa 96799, Phone: 684/633-4141, Fax: 684/633-5801 Guam Guam Environmental Protection Agency,Air and Land Division, P.O. Box 22439, GMF Barrigada, Guam 96921, Phone: 671/475-1658, Fax: 671/477-9402 Northern Mariana Islands Division of Environmental Quality. Commonwealth of the Northern Mariana Islands, 3rd Floor, Morgen's Bldg., San Jose, P.O. Box 1304, Saipan, MP 96950, Phone: 670/234-6114, Fax: 670/234-1003 Puerto Rico Environmental Quality Board, Office of the Governor, Land Pollution Area, P.O. Box 11488, Santurce, PR 00910, Phone: 787/763-4448, Fax: 787/766-0150 Virgin Islands Department of Planning and Natural Resources, Government of the Virgin Islands, Division of Environmental Protection, Building 111, Apartment 114, Christiansted, St. Croix, VI 00820, Phone: 809/773-0565, Fax: 809/773-9310 24 United States Environmental Protection Agency 1200 Pennsylvania Avenue, NW (5306W) Washington, DC 20460 Official Business Penalty for Private Use$300 Esparza, Patty From: Surf City Pipeline[noreply@user.govoutreach.com] Sent: Monday, June 01, 2015 7:13 PM To: CITY COUNCIL; Agenda Alerts Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#22392 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Question Request area: City Council -Agenda& Public Hearing Comments Citizen name: Chris Byrne Description: Good Evening I am writing in support of OVSD's position with regard to the less than satisfactory environment at the school as a result of the neighborhood waste-treatment facility. I became interested when I saw a post by Chris Epting on the HBCF that asked the reader to look the other way as Rainbow has been a'good citizen' in HB. I thought that curious so I participated in the discussion that included over 1,000 comments before it was pulled by the author. Why should whatever'good' Rainbow has done in the community have any bearing on the issue at hand? The thread was nothing more, in my opinion, than an attempt by Epting and others to intimidate and marginalize the OVSD advocate, Gina Clayton-Tarvin. I won't bore you with examples but I was shocked by the amount of vitriol hurled at her. Consider that in 1981 that Rainbow's representative said, as Rainbow applied to the Board of Zoning to expand its operation, 'odorous type materials are not highly resalable and storage is difficult, therefore will not be accepting this type.' Consider that in September of 2009 at a Waste Management Board meeting, this was the background, 'Rainbow proposed to expand the daily receipt of waste 2,800 to 4,000 tons/day. .......The project included upgrades that will reduce noise, odor and emissions. The upgrades include.....enclosing all recycling and waste handling activities.....' Consider that a comment made by our City Attorney, Michael Gates, during this HBCF thread that indicated, at least to me, that his predecessor as well as preceding councils had largely ignored the pleas of OVSD regarding the oppressive odors and dust the students were made to endure due to Rainbow processing out in the open. Given the above considerations, how can we give any credence to the following 2013 statement attributed to Sue Gordon, VP of Rainbow, by The Independent, 'OVSD's lawsuit against Rainbow Environmental Services is unfortunate, unnecessary and unproductive. All they needed to do was meet with Rainbow to work on a resolution but they chose to sue first.' Rainbow probably has done some nice things in and for our city but they have failed this part of our community which, up to now, has not had a voice. I think it is time that Rainbow make good on implied promises. Thanks i