EAST OTAY MESA RECYCLING COLLECTION CENTER AND LANDFILL INITIATIVE
The People of San Diego County Do Hereby Ordain as Follows:
SECTION 1. INTENT
It is the intent of this initiative measure:
A. To provide for the siting of a new recycling collection center and class III solid waste landfill to allow the residents and businesses in San Diego County to recycle and dispose of their solid waste in an environmentally sound and economically competitive manner.
B. To ensure that the recycling collection center and landfill are designed, constructed, and operated in a safe and efficient manner by requiring full compliance with all environmental laws and regulations. The Project will be monitored during its life on a regular basis by regulatory agencies including, but not limited to, the Integrated Waste Management Board, the San Diego County Air Pollution Control District and the Regional Water Quality Control Board.
C. To amend the General Plan, Zoning Ordinance and other ordinances and policies of the County of San Diego to allow the construction and operation of a recycling collection center and class III solid waste landfill on approximately 450 acres of land within the East Otay Mesa area in the unincorporated area of San Diego County located approximately 2 miles east of the Siempre Viva Road exit from Interstate 905 and one-quarter mile from Loop Road and east of planned State Route 11. The general location of the East Otay Mesa site is shown on Figure 1 attached to this measure.
D. To amend the San Diego County Integrated Waste Management Plan and its elements and amendments to add the East Otay Mesa Recycling Center and Landfill and facility as a recycling and disposal site.
SECTION 2. FINDINGS AND PURPOSE.
A. The 2005 San Diego County Integrated Waste Management Plan, County Siting Element has documented the critical need for new recycling and solid waste facilities to serve the growing San Diego County population.
B. The Otay Annex landfill is the only remaining landfill serving southern San Diego County which includes the cities of San Diego, Chula Vista, Imperial Beach, National City, and Coronado, and the unincorporated areas of southern San Diego County.
C. There is limited capacity in existing landfills.
D. Many of the San Diego County landfills have been successfully operated by a private party for the County of San Diego.
E. The East Otay Mesa site is located in a sparsely populated area of San Diego County. Approximately 110 acres of the site will remain undeveloped.
F. The proposed recycling center and landfill in East Otay Mesa will be entitled, developed, and constructed at no cost to the taxpayer. Costs of operation will be charged to users.
G. The voters hereby find and determine that the project will be compatible with other uses in the area and the County's General Plan for uses in the area upon implementation of the mitigation measures required by this measure.
SECTION 3. DESCRIPTION OF THE PROJECT.
The Project will include the following components:
A. General Description of the Project.
The recycling collection center and landfill will occupy approximately 340 acres of the East Otay Mesa site not including the approximately 110 acres which will remain undeveloped. The main features of the Project include a recycling collection center, a lined landfill, a scale area, a facilities and operation area, a borrow and stockpile area, a leachate collection system, chipping and grinding area, and storm-water retention facilities. The facilities and operation area will include a visitors' center, an office building, a maintenance office, a shop and yard, a fueling station, a storage area, a water tank truck wash and wash-water treatment area, a landfill gas collection and recovery system, and a leachate collection tank. The Project Proponent shall be entitled to adjust the size and location of solid waste operations and to alter the proposed facilities based on a detailed site plan to be submitted to the Integrated Waste Management Board for its review and approval as part of the solid waste facilities permit.
The recycling and solid waste facilities shall remain open for the receipt of refuse a minimum of nine (9) hours a day, six (6) days a week, excepting recognized federal, state and local holidays.
The Project's recycling and solid waste operations component shall include the receipt, handling, processing, and/or disposal of solid waste or recyclable materials; cover operations; site grading and/or excavation, including blasting and rock crushing; and heavy equipment operation. Other site activities will include the operation of gas and leachate collection and treatment systems, remedial activities required by a regulatory agency, maintenance within the maintenance yard, and other activities that will support recycling and solid waste operations.
At least five (5) days each week, a site clean-up team will inspect for, and clean up, all litter and illegal dumping which occurs on or adjacent to, the landfill access road and Loop Road. The clean up team shall consist of at least one truck with a minimum crew of two persons.
Trained, full-time personnel will be engaged exclusively and continuously in the inspection of incoming refuse loads for hazardous waste. These personnel shall be stationed at the working face of the landfill whenever the landfill is open to accept waste and shall inspect loads as they are tipped. Hazardous wastes encountered in this fashion shall be handled and disposed of in accordance with state regulations. The project will use recycled water from Otay Mesa Water District. The Project includes construction of a new access route from Loop Road.
Amendments to County General Plan.
Upon the effective date of this initiative, the land use element of the County General Plan and all sub-regional and community plans which apply to the East Otay Mesa site and any related maps shall be amended to designate the East Otay Mesa site Public/Semi-public lands with a Solid Waste Facility Designator. Notwithstanding the Public/Semi-public designation, the East Otay Mesa site shall remain private lands unless purchased or condemned by a public agency.
Amendment to County Zoning Ordinance.
Upon the effective date of this initiative, the County Zoning Ordinance shall be amended to change the Project site's current zoning from S88 and S90 to the zoning classification Solid Waste Facility ("SWF"). The SWF zoning classification shall be amended to allow the East Otay Mesa Recycling Collection Center and Landfill to be established.
Amendments to the San Diego County Integrated Waste Management Plan.
The San Diego County Integrated Waste Management Plan and its elements and amendments are hereby amended to add the East Otay Mesa Recycling Collection Center and Landfill facility as a recycling and disposal site and to meet the requirements of the California Integrated Waste Management Act of 1989 as amended. The approval of this initiative measure shall constitute approval pursuant to Public Resources Code Section 41760, and adoption pursuant to California Code of Regulations, Title 14, Section 18783, of this amendment to the Waste Management Plan.
Amendments to Other County Ordinances and Legislative Acts.
All other County ordinances, rules and regulations which constitute legislative acts shall be amended as necessary to accommodate the Project as set forth in this initiative.
The Project shall be constructed and operated in accordance with the permits and approvals described in Section 4 below, applicable local policies, rules and regulations, all as may be amended by implementation of this initiative, and applicable federal and state policies, rules and regulations.
SECTION 4. PERMITS.
To ensure that the Project is designed, constructed and operated in a safe and efficient manner, the Project shall be required to secure the following permits and approvals to the extent required by state or federal law:
A. Environmental Review.
The Project Proponent shall complete any environmental review required by federal or state law to secure the remaining permits and approvals.
B. Consultation with Advisory Council on Historic Preservation.
The Project Proponent shall consult with the Advisory Council on Historic Preservation in accordance with §106 of the National Historic Preservation Act.
C. U.S. Department of the Army Corps of Engineers.
The Project Proponent shall secure a permit relating to §404 of the Clean Water Act from the Army Corps of Engineers.
D. U.S. Fish & Wildlife Service.
The Project Proponent shall conduct a §7 consultation with the Department of Interior, U.S. Fish & Wildlife Service in compliance with the Endangered Species Act and shall coordinate the §404 permit with the U.S. Fish & Wildlife Service as required by federal law.
E. California Department of Fish and Game.
The Project Proponent shall secure a §1601 Streambed Alteration Agreement with the California Department of Fish & Game and any other required permits.
F. California State Water Resources Control Board.
The Project Proponent shall secure a National Pollutant Discharge Elimination System Permit, a Section 401 Water Quality Certification, and a Water Appropriation Permit.
G. Regional Water Quality Control Board.
The Project Proponent shall secure a Waste Discharge Permit from the Regional Water Quality Control Board.
H. California Integrated Waste Management Board.
The Project Proponent shall obtain a Solid Waste Facility Permit from the California Integrated Waste Management Board and from the local enforcement agency for the California Integrated Waste Management Board.
I. County of San Diego.
The Project Proponent shall secure a Grading Permit and a Building Permit from the County of San Diego.
J. San Diego Air Pollution Control District.
The Project Proponent shall secure all permits required by the San Diego Air Pollution Control District to construct and operate the solid waste facilities authorized by this measure.
K. Utility Services.
The Project Proponent shall comply with the requirements of local utility suppliers in securing electric, telephone, water and fire protection services. Sewer service will be provided by chemical toilets used by workers at the landfill. The Project Proponent will be required to provide the sewage disposal service, removing effluent once per week by pumper truck from the chemical toilets for treatment and disposal away from the site.
L. Law Enforcement.
The Project Proponent shall secure a blasting permit as necessary from the San Diego County Sheriff's Department.
M. Financial Guarantees.
The Project Proponent shaII provide a closure and post-closure plan complying with federal and state law and shall provide bonds or other financial guarantees to ensure performance as required by federal and state law.
N. Other Permits and Approvals.
The Project Proponent shall secure all other permits and approvals as required by federal or state law.
SECTION 5. MITIGATION MEASURES.
To ensure that the Project is constructed and operated in a manner which minimizes its environmental impacts, the following mitigation measures are hereby adopted as a condition of voter approval of the Project:
A. Landfill Gas System.
The Project shall include a network of vertical extraction wells, lateral transmission pipes to a gas recovery facility, and perimeter gas monitoring probes. With this system the landfill gas will be extracted from the landfill and combusted in an enclosed flare.
B. Water Quality.
The Project shall comply with all requirements of the Regional Water Quality Control Board to ensure protection of surface and underground water quality.
All structures located at the East Otay Mesa site shall be designed by a qualified engineer to withstand the maximum probable earthquake to avoid potential impacts associated with earthquakes and ground shaking.
D. Air Quality.
Air quality impacts associated with the Project shall be mitigated by meeting all requirements imposed by the San Diego County Air Pollution Control District for the Authority to Construct and Authority to Operate permits.
E. Noise Abatement.
The Project Proponent shall prepare a Noise Abatement Plan to include:
1. Physical design provisions to ensure that ambient noise levels do not exceed 65 CNEL at the boundaries of the East Otay Mesa site;
2. Installation of landfill equipment and vehicles with noise suppressing equipment to assist in meeting the above restrictions;
3. Provisions for at least 24 hour in advance written notice of any blasting on-site to residents within a one-mile radius of the blast site; and,
4. Where ambient noise levels exceed 65 CNEL at the boundaries of the East Otay Mesa site, the Project Proponent shall retain a qualified noise expert to evaluate the noise level and recommend mitigation measures. These mitigation measures shall be implemented by the Project Proponent.
F. Odor Control.
To control odors on-site, the Project Proponent shall submit an Odor Control Plan to the San Diego County Air Pollution Control District for review and approval.
G. Dust Control Plan.
To control dust from Project operations, the Project Proponent shall submit a Dust Control plan to the San Diego County Air Pollution Control District for review and approval.
H. Biological Impacts.
All sensitive species and habitat impacted by the Project shall be mitigated in accordance with requirements imposed by the United States Fish & Wildlife Service as part of the §7 consultation.
I. Visual Impacts.
In order to mitigate visual impacts associated with the Project, the Project Proponent shall employ extensive use of landscaping emphasizing native vegetation, and rounding/undulation of slopes on the refuse column and changes in slope angles. All landscaping shall be performed by a licensed landscape architect in the State of California. This licensed architect shall prepare a detailed landscape plan designed to minimize visual impact associated with the Project to the maximum feasible extent. The plan prepared by the licensed architect shall be implemented by the Project Proponent upon completion.
J. Cultural Impacts.
Impacts to Native American resources impacted by the Project shall be mitigated through the development of a Memorandum of Agreement between the Project Proponent and the appropriate regulatory agencies in accordance with §106 of the National Historic Preservation Act. To mitigate archaeological impacts caused by the Project, the Project Proponent shall retain a qualified archaeologist to investigate and recommend appropriate mitigation measures. These mitigation measures shall be implemented by the Project Proponent.
K. Additional Mitigation Measures.
Mitigation measures included as part of any subsequent environmental review of the Project shall be included as additional mitigation measures for the Project. The Project Proponent shall submit a mitigation and monitoring program that meets state and federal law to the Integrated Waste Management Board for review and approval as part of the solid waste facilities permit.
SECTION 6. COUNTY COOPERATION.
The County of San Diego shall cooperate with the Project Proponent wherever possible in issuing permits and approvals so that the Project can proceed in a timely fashion.
The County of San Diego is hereby authorized and directed to amend other elements of the General Plan, sub-regional plans, community plans, Zoning Ordinance, Waste Management Plan and other ordinances and any other legislative acts affected by this initiative as soon as possible and in the manner and time required by State Law to ensure consistency between this initiative and other elements of the County's General Plan, sub-regional and community plans, Zoning Ordinance and other County ordinances and policies.
SECTION 7. DEFINITIONS.
For the purpose of this measure, the following words and phrases shall have the following meanings:
A. "Project Proponent" means the proposed operator of the facility or its assignee or authorized representatives.
B. "East Otay Mesa site" means the approximately 450 acres of land located east of State Route 905 and approximately 2 miles east of the Siempre Viva Road exit from Interstate 905; one quarter mile east of Loop Road; one-quarter mile north of the International Border with Mexico; and west of planned State Route 11 occupying portions of Sections 28, 32, and 33 of Township 18 South Range 1 East of the San Bernardino Meridian.
C. "Integrated Waste Management Board" means the State of California Integrated Waste Management Board.
D. "Project" means the recycling collection center and landfill and associated structures and improvements as described in Section 3 of this initiative measure as may be subsequently modified by a detailed site plan submitted by Project Proponent to the Integrated Waste Management Board as part of the solid waste facilities permit.
E. "Recycling collection center" means a facility for the buy-back of source separated materials but not the processing of mixed waste.
SECTION 8. PURCHASE BY PUBLIC AGENCY.
The East Otay Mesa site shall remain private land until purchased by a public agency or Joint Powers Authority for its fair market value. Nothing contained herein shall restrict the right of any public agency to exercise its eminent domain power as authorized by law to acquire the East Otay Mesa site.
SECTION 9. AMENDMENT OR REPEAL.
This measure may be amended or repealed only by a majority of the voters voting in an election thereon.
SECTION 10. INTERPRETATION AND SEVERABILITY.
This measure shall be interpreted so as to be consistent with all federal and state laws, rules and regulations. If any section, sub-section, sentence, clause, phrase, part or portion of this measure is held to be invalid or unconstitutional by a final judgment of court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure and each section, sub-section, sentence, clause, phrase, part or portion thereof would have adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, parts or portions are declared invalid or unconstitutional.
SECTION 11. CONSISTENCY WITH OTHER BALLOT MEASURES.
In the event that another ballot measure is placed on the same ballot as this measure purporting to deal with the same subject matter, and if both measures should pass, the voters expressly declare their intent that both measures shall be put into effect except to the extent that specific provisions of such measures are in direct conflict. In the event of such a direct conflict, the measure which obtained more votes will control as to the conflicting provisions only. The voters expressly declare this to be their intent, notwithstanding any language to the contrary in any other ballot measure.