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April 23, 2024
ITEM TITLE
State Legislation: Report on Senate Bill 1208 “Waste Discharge Permits: Landfills” and Adoption of a Resolution Expressing Support of Senate Bill 1208
Report Number: 24-0109
Location: Unincorporated area of south San Diego County, approximately two miles east of the Siempre Viva Road exit from Interstate 905, one-quarter mile from Loop Road/Paseo De La Fuente and east of State Route
11. Department: City Manager
G.C. § 84308: No.
Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Council hear report and adopt a resolution in support of Senate Bill 1208: Waste Discharge Permits: Landfills.
SUMMARY
This item is in response to a City Council referral received at the Tuesday, March 19, 2024 City Council meeting requesting a report on Senate Bill 1208 titled “Waste Discharge Permits: Landfills” . Authored by Senator Steve Padilla and introduced on February 15, 2024 , the bill seeks to address concerns regarding a proposed landfill in East Otay Mesa and potential pollution to the Tijuana River Watershed as a result.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines, because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On June 8, 2010, the voters of San Diego County approved county-wide initiative Proposition A. Proposition A amended the County General Plan, Zoning Ordinance, and other ordinances and policies of the County of San Diego to allow for the construction and operation of a recycling collection center and class III solid waste landfill on the project site.
Class III sites can accept non-hazardous resources such as household, commercial, and industrial waste.
Proposition A also amended the Siting Element of the Countywide Integ rated Waste Management Plan (CIWMP) to list the project site as a recycling and disposal site and to conform the siting element text to provide for the proposed project. The Siting Element is not a specific development program but rather must demonstrate 1 5 years of countywide or regional permitted solid waste disposal capacity are or will be available through existing or planned facilities or other strategies.
The proposed recycling collection center and class III solid waste landfill would occupy approxi mately 340 acres of the 450-acre site. The remaining 110 acres would remain undeveloped. The proposed project would be located in the unincorporated area of south San Diego County, approximately two miles east of the Siempre Viva Road exit from
Interstate 905, one -quarter mile
from Loop Road/Paseo De La
Fuente and east of State Route 11.
The proposed project site would
be located approximately one and
one-half miles from the City of San
Diego, two and one -half miles
from the City of Chula Vista, and
one-quarter mile from the United
States/Mexico border.
Permitting Process
There are various regulatory
agencies involved in the
permitting of landfills in
California. The main regulatory
body is the California Department
of Resources Recycling and
Recovery ( CalRecycle) which
issues a solid waste facility permit
and conducts inspections and
others like the Regional Water
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Quality Control Boards which regulate discharges of waste to land using permits known as “Waste Discharge Requirements”.
The County of S an Diego Department of Environmental Health and Quality is certified as the Solid Waste Local Enforcement Agency (LEA) by CalRecycle to regulate solid waste facilities in San Diego County, excluding the City of San Diego. The LEA is responsible for the review and approval of applications for solid waste facility permits within unincorporated areas of San Diego County. In this capacity, the LEA also serves as the lead agency for compliance with the California Environmental Quality Act (CEQA).
Government agencies, pursuant to CEQA, are required to inform decision makers and the public about the potential environmental impacts of proposed projects, and to reduce any environmental impacts to the extent feasible. In 2011, the LEA published a Notice of Preparation wit h an accompanied Initial Study to inform the public about the project and the planned Environmental Impact Report (EIR).
The flowchart shown here briefly summarizes the steps to prepare an EIR and the project’s current status.
The amount of time needed to prepare an environmental document can vary widely depending on a variety of factors. Some projects may take a year, others may take years depending on the scope, scale, complexity of the project, and speed at which an environmental technical analysis is completed by the project applicant and submitted to the lead agency for review.
Currently, an analysis of the environmental impact is being conducted. The following factors will be analyzed in environmental documents, these issues
along with an analysis of project alternatives,
cumulative effects, and potential for growth
will be analyzed and discusse d in the
environmental document of the proposed
project:
Aesthetics
Agricultural Resources
Air Quality
Biological Resources
Cultural Resources
Geology/Soils
Hazards and Hazardous Materials
Hydrology/Water Quality
Land Use/Planning
Mineral Resources
Noise
Population/Housing
Public Services
Recreation
Transportation/Traffic
Utilities/Service Systems
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Senate Bill 1208
Senate Bill (SB) 1208: Waste Discharge Permits: Landfills is authored by Senator Steve Padilla and seeks to amend Section 40060 of the Public Resources Code, relating to solid waste by prohibiting a regional water board from issuing a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the land is located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River. The bill would also expand the definition of “landfill used for the disposal of nonhazardous solid waste” to also include a disposal site regulated by a regional water board as a class II landfill.
Watersheds are land areas that drain water through streams, lakes and rivers to a common low point – usually the ocean. The Tijuana Watershed is one of 11 watersheds within San Diego County. The Tijuana Watershed begins in the mountains near Mount Laguna. Water then flows into Mexico before returning to San Diego County, where it reaches the Pacific Ocean south of Imperial Beach.
The map below shows t he Tijuana River Watershed in green and the Tijuana River National Estuarine Research Reserve (“NERR”) in red.
Although the draft EIR is currently being prepared, concerns have been raised about the potential harmful pollutants being discharged from the proposed landfill that is proposed to be located within the Tijuana River Watershed. These harmful pollutants may potentially travel to the Tijuana River and eventually back into the United States and Pacific Ocean further exacerbating the ongoing transboundary pollution that is severally impacting the coastline of South San Diego County.
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In the 2023-2024 Legislative Platform, the City Council’s position statement regarding this topic reads, “Support state and federal funding and efforts to address and eliminate untreated sewage, trash, and sediment that originates from across the U.S.- Mexico border.” Landfill Capacity in San Diego County
Public Resources Code (PRC) Sections 41770 and 41822 require CalRecycle to review and approve or disapprove each Co untywide or Regional Agency Integrated Waste Management Plan Five -Year Review Report.
In 2022, the County of San Diego Five-Year Review Report of the Countywide Integrated Waste Management Plan (CIWMP) was approved by CalRecycle. The CIWMP addresses waste management conditions within the county. It also provides an overview of the actions that will be taken to achieve the 50 percent equivalent per capita disposal target and to maintain a minimum of 15 years of landfill disposal capacity. Statute requires that the elements comprising the waste management plan be reviewed every five years after the original plan’s approval date, and be revised, if necessary.
The 2022 CIWMP found that using estimated remaining capacities provided by landfill operators, the current physical space (system capacity) available in the region’s landfills is the equivalent of approximately 107,000,000 tons with an overall capacity estimated to last through 2053 (Figure 6).
Capacity projections for all landfills in San Diego County do not represent Senate Bill 1383 (food waste and organics recycling) which began in the last few years and will likely extend the life of landfills.
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Considering the potential impact of a landfill within the Tijuana Watershed and consistent with the Council approved Legislative Platform, staff recommends supporting SB 1208 as it seeks to address further pollution of waterways and the Tijuana Watershed which is a tributary of the Tijuana River located in southern San Diego County. City Council may also provide alternative direction to staff regarding the City’s position on SB 1208.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real p roperty-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware and has not been inform ed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact associated with this item.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with this item.
ATTACHMENTS
1. Senate Bill 1208 Language
2. SB 1208 Fact Sheet
Staff Contact: Adrianna Hernandez, Special Projects & Legislative Manager