Gregory Canyon Landfill San Diego County LEA Gary Erbeck, Director California Integrated Waste Management Board Hearing December 14-15, 2004

Proposition C Approved in 1994 by 68% voters: Amended General Plan & Zoning Ordinance All permits other than land use required Required CEQA process LEA became the CEQA lead agency Imposed specific mitigation measures

Proposition B November 2004 ballot measure to repeal Proposition C Defeated by 63% to 37% Proposition C remains in effect A form of public comment

Public Participation and EIR Process Circulated three drafts for public comment Same distribution and advertisement for all drafts Available in 7 public locations Advertised in Union Tribune Copy with printer for public reproduction Last two drafts on Internet and on CD

Public Participation continued Extended most comment periods beyond statutory 45 days Two public hearings -Both in excess of 3 hours -Over 100 people testified at each

Public Participation continued Total of 210 days of public review was provided for all drafts of EIR Nearly 600 comment letters/testimony from individuals and agencies on all versions LEA and County Counsel spent 2,124 hours spent on EIR

Public Participation continued LEA Director certified Final EIR February 6, 2003 CIWMB staff concurs that CEQA findings are sufficient and supported by record.

Permit Development Crafted to protect public health and safety Reflects LEA permitting & lead agency roles Consistent with Public Resource Code and Titles 14 & 27 Worked closely with other regulatory agencies to address permitting issues CH2MHill hired to assist LEA in permit development Organized permit by phases for better management of mitigation measures

Permit Development continued 243 site specific conditions associated with: - pre-construction & construction landfill operations - closure design and activities -post closure monitoring & maintenance Ensures enforceability of 188 mitigation measures adopted in Final EIR All issues raised were considered and resolved. Close coordination with CIWMB staff

Permit Development continued LEA completed proposed permit on June 2, 2004 and submitted to CIWMB staff CIWMB staff report indicates no technical or regulatory issues remain LEA and County Counsel spent 1,290 hours on permit development Total of 3,414 hours spent on project

Other Permitting Agencies San Diego Regional Water Quality Control Board US Army Corps of Engineers US Fish & Wildlife and State Fish & Game Caltrans and other State agencies County of San Diego Review permits and modify JTD and Permit as necessary

LEA Implementation Plan LEA will hire one or more consultants to assist in oversight of Project Oversee specialty reports and studies of biologists, archaeologist, noise specialist, etc. Regular meetings with regulatory agencies Enforce State minimum standards and all permit conditions

Benefits Analysis Technical review of drafts by County departments October 2003 Final Benefit Analysis Includes: - permitted capacity - economic benefits - increase in tax revenues - consistency with County/State policies

Benefits Analysis Public Participation Beyond CEQA requirements Benefits Analysis posted on website and invited comments Comments were also posted LEA staff report posted on website Invited comments and posted on website Posted rebuttal comment on website

Benefits Analysis continued Package given to LEA Director, including: Benefits Analysis Initial public comments LEA staff report Both rounds of subsequent comments Rebuttal comment

Benefits Analysis continued Other documents reviewed by Director: Final EIR Staff report on Final EIR 1996 County Integrated Waste Management Plan including Siting Element 2003 Draft Siting Element

San Diego County Landfill Disposal Capacity with New & Expanded Landfills (Based on Annual Permitted Disposal Tons) Obtained from Draft Siting Element

Decision Making Process by Gary Erbeck Director of LEA

San Diego County Landfill Disposal Capacity with New & Expanded Landfills (Based on Annual Permitted Disposal Tons) Obtained from Draft Siting Element

LEGAL ISSUES Mark Mead, CEQA Legal Counsel Rod Lorang, LEA Legal Counsel

Summary Project includes all feasible mitigation: –CEQA, Proposition C, LEA, other Agencies Project meets all CIWMB requirements No unresolved technical, regulatory, or mitigation issues Benefits of landfill outweighs identified unmitigated impacts Votes on Propositions C and B support this project

Statement of Overriding Considerations Assist County in meeting 15 years capacity Implement Policy 2.2 of Siting Element Help implement Siting Element by providing capacity without relying on exportation Added landfill capacity in North County Select area where disposal facilities proposed to meet 15 years of capacity

SOC Modifications Proposed liner system may set new and higher standard GCL will contribute $1 Million for safety improvement on SR 76 Landfill will generate economic benefits

San Diego County Landfill Disposal Permitted Capacity with Additional Diversion 50% 55% 65% 75% Obtained from Draft Siting Element