CHAPTER 7B TAFT RECYCLING & SANITARY LANDFILL

Transcription

1 CHAPTER 7B RESPONSE TO COMMENTS RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT SCH # TAFT RECYCLING & SANITARY LANDFILL General Plan Amendment No. 2, Map 138 Modification Conditional Use Permit No. 1, Map 138 Solid Waste Facility Permit Revision Waste Discharge Requirements VOLUME 2 DOUGLAS E. LANDON, DIRECTOR Waste Management Department 2700 M Street, Suite 500 Bakersfield, CA May 2011 Printed on Recycled Paper

2

3 OFFICE OF PLANNING AND RESEARCH STATE CLEARINHOUSE TH STREET SACRAMENTO CA WARREN D MAXWELL COUNTY OF KERN RESOURCE MGMT AGENCY ROADS DEPT 2700 M STREET SUITE 400 BAKERSFIELD CA DAVID WARNER SAN JOAQUIN VALLEY APCD CENTRAL REGION OFFICE/CEQA 1990 E GETTYSBURG AVE FRESNO CA AARON LEICHT COUNTY OF KERN ENGINEERGING SURVEYING AND PERMIT SERVICES FLOODPLAIN MNGMT SECTION 2700 M STREET SUITE 570 BAKERSFIELD CA WILLIAM O RULLIAN COUNTY OF KERN PUBLIC HEALTH SERVICES DEPT ENVIRONMENTAL HEALTH DIVISION 2700 M STREET SUITE 300 BAKERSFIELD CA 93301

4 TABLE OF CONTENTS CHAPTER 7B RESPONSE TO COMMENTS 7B.1 INTRODUCTION 7B-1 Purpose 7B-1 Environmental Review Process 7B-1 7B.2 Revisions to the Public Recirculated DEIR 7B-4 7B.3 Errata to the Public Recirculated DEIR 7B-4 7B.4 Responses to Comments on the Project Recirculated DEIR 7B-4 State Agencies Comment A Governor s Office of Planning and Research: State Clearinghouse Local Agencies Comment B County of Kern Public Health Services Department-Environmental Health Division Comment C County of Kern Resource Management Agency Roads Department Comment D County of Kern Resource Management Agency Engineering, Surveying and Permit Services Department/Floodplain Management Section Comment E San Joaquin Valley Air Pollution Control District

5 [This Page Intentionally Left Blank]

6 CHAPTER 7B - RESPONSE TO COMMENTS 7B.1 INTRODUCTION Purpose As defined by Section of the California Environmental Quality Act (CEQA) Guidelines, the Kern County Planning and Community Development Department is serving as "Lead Agency" for preparation of the Environmental Impact Report (EIR) for the Taft Recycling and Sanitary Landfill (Project). The Final Environmental Impact Report (FEIR) presents the environmental information and analyses that have been prepared for the proposed Project, including comments received addressing the adequacy of the Draft, and Recirculated Draft, Environmental Impact Report (DEIR), and responses to those comments. This document constitutes Chapter 7B of the previously Recirculated DEIR. This document together with the Draft EIR (DEIR), dated February 2010; Response to Comments to the 2010 DEIR, dated May 2010; the Recirculated DEIR, dated March 2011; and the Mitigation Measure Monitoring Program (MMMP) comprise the Final EIR. The Final EIR will be used by the Planning Commission, the Board of Supervisors, and the California Department of Resources Recycling and Recovery (CalRecycle) in the decision-making process for the proposed project. Environmental Review Process A Notice of Preparation/Initial Study (SCH No ) was circulated for a 30-day public review period beginning on March 4, 2009 and ending on April 3, A scoping meeting was noticed and held on March 20, No comments were received at the scoping meeting. Eight comment letters were received and used in the preparation of the DEIR. The DEIR for the Project was circulated for a 45-day public review period beginning on February 2, 2010, and ending on March 22, The County received and considered 13 written comments during the public comment period. The Final Environmental Impact Report (FEIR) was certified by the Board of Supervisors on June 29, 2010 and used in their consideration and approval of land use applications necessary for the implementation of the proposed Taft RSLF Permit Revision Project. The County s certification of the FEIR and project approval was subsequently challenged in an action in Kern County Superior Court (the Court), entitled California Clean Energy Committee v. County of Kern (2010). The petitioner and the County entered into a Stipulation for Entry of Judgment. The Court reviewed the Stipulation for Entry of Judgment and has ordered that the project approvals be invalidated and set aside as a result of an inadequate energy analysis in the EIR. In addition, the certification of the EIR, the adoption of the Title 14 CCR section Findings, Section Statement of Overriding Considerations, and the Mitigation Measure Monitoring Program for the Project, which were approved by the Kern County Board of Supervisors on June 29, 2010, are also invalidated and set aside solely as a result of the inadequate energy analysis contained in the EIR. Final Environmental Impact Report Page 7B-1 May 2011

7 A Recirculated DEIR, prepared in accordance with the Court s direction, provided new information on energy resources per Appendix F Energy Conservation, of the California Environmental Quality Act (CEQA) Guidelines was circulated for a 45-day public review period beginning March 28, 2010, and ending May 11, Five written comment letters were received on the Recirculated DEIR. Section of the CEQA Guidelines requires that the lead agency evaluate comments on environmental issues received from persons and agencies that reviewed the Recirculated DEIR, and prepare a written response addressing each of the comments received. The response to comments is contained in this Volume 2; Chapter 7B of the Recirculated DEIR. Together, with the Draft EIR (DEIR), dated February 2010; Response to Comments to the 2010 DEIR, dated May 2010, and; the Recirculated DEIR, dated March 2011; and the Mitigation Measure Monitoring Program (MMMP); these documents constitute the Final EIR. A list of agencies and organizations who have commented on the Recirculated DEIR is provided below. A copy of each lettered comment letter and a numbered response to each comment is provided in Section 7B.4, Response to Comments, of this chapter. No comments were received from interested parties. Final Environmental Impact Report Page 7B-2 May 2011

8 State Agencies Comment A Governor s Office of Planning and Research: State Clearinghouse Local Agencies Comment B Comment C Comment D Comment E County of Kern Public Health Services Department-Environmental Health Division County of Kern Resource Management Agency Roads Department County of Kern Resource Management Agency Engineering, Surveying and Permit Services Department/Floodplain Management Section San Joaquin Valley Air Pollution Control District Final Environmental Impact Report Page 7B-3 May 2011

9 7B.2 Revisions to the Public Recirculated DEIR There are no revisions to be made to the text of the Taft Recycling and Sanitary Landfill Recirculated DEIR at this time. 7B.3 Errata to the Public Recirculated DEIR There are no errata for the text of the Taft Recycling and Sanitary Landfill Recirculated DEIR at this time. 7B.4 Responses to Comments on the Project Recirculated DEIR The comment letters received on the Recirculated DEIR are addressed in their entirety in this Section. Each comment contained in the letter has been assigned a reference code. The responses to reference code comments follow each letter. Final Environmental Impact Report Page 7B-4 May 2011

10 State Agencies Final Environmental Impact Report Page 7B-5 May 2011

11 Comment A Governor s Office of Planning and Research: State Clearinghouse Final Environmental Impact Report Page 7B-6 May 2011

12 Final Environmental Impact Report Page 7B-7 May 2011

13 Response to Comment A Letter Dated April 27, 2011 Governor s Office of Planning and Research: State Clearinghouse th Street; P.O. Box 3044 Sacramento, CA Response A-1 The letter acknowledges that the Recirculated Draft EIR was provided to the appropriate State agencies for review. The letter also indicates that no State agencies provided comments regarding the Draft EIR. The comment is noted for the record. Final Environmental Impact Report Page 7B-8 May 2011

14 Local Agencies Final Environmental Impact Report Page 7B-9 May 2011

15 Comment B County of Kern Public Health Services Department Environmental Health Division Final Environmental Impact Report Page 7B-10 May 2011

16 Response to Comment B Letter Dated April 12, 2011 William O Rullian, REHS Solid Waste Program Supervisor County of Kern Public Health Services Department - Environmental Health Division 2700 M Street, Suite 300 Bakersfield, CA Response B-1 The comment identifies Kern County Public Health Services Department Environmental Health Division as the Local Enforcement Agency (LEA) for the California Department of Resources, Recycling, and Recovery (CalRecycle). The Kern County Waste Management Department acknowledges that the LEA has permitting and enforcement authority over the Taft Recycling and Sanitary Landfill Project, as described in the Glossary of the Environmental Impact Report. This comment has been noted for the record and will be provided to the Planning Commission and Board of Supervisors. Final Environmental Impact Report Page 7B-11 May 2011

17 Comment C County of Kern Resource Management Agency Roads Department Final Environmental Impact Report Page 7B-12 May 2011

18 Response to Comment C Office Memorandum Dated April 4, 2011 Warren D. Maxwell, Transportation Development Engineer County of Kern, Resource Management Agency Roads Department Response C-1 This comment states that the Kern County Roads Department has reviewed the Recirculated Draft Environmental Impact Report and offers no comments. This comment has been noted for the record. Final Environmental Impact Report Page 7B-13 May 2011

19 Comment D County of Kern Resource Management Agency Engineering, Surveying and Permit Services Department/Floodplain Management Section Final Environmental Impact Report Page 7B-14 May 2011

20 Response to Comment D Office Memorandum Dated March 29, 2011 Aaron Leicht, by Jason Scheer County of Kern, Resource Management Agency Engineering, Surveying and Permit Services Department Floodplain Management Section Response D-1 This comment states that the Kern County Engineering, Surveying and Permit Services Department/Floodplain Management Section has reviewed the Recirculated Draft Environmental Impact Report and offers no comments. The comment has been noted for the record. Final Environmental Impact Report Page 7B-15 May 2011

21 Comment E San Joaquin Valley Air Pollution Control District Final Environmental Impact Report Page 7B-16 May 2011

22 Final Environmental Impact Report Page 7B-17 May 2011

23 Response to Comment E Letter Dated May 9, 2011 San Joaquin Valley Air Pollution Control District 1990 E. Gettysburg Avenue Fresno, CA Response E-1 This comment states that the San Joaquin Valley Unified Air Pollution Control District (District) provided comments on the DEIR circulated in As the Recirculated DEIR was limited to providing additional information related to energy resources, the District has no additional comments. It should be noted that the District s original comments were previously responded to in the 2010 DEIR Response to Comments, Chapter 7. Response E-2 This comment reiterates that under District Rule 2010 and Rule 2201, the proposed project is subject to the District s permitting requirements and will require an Authority to Construct (ATC) prior to the start of project related activities. The proposed project currently operates under Permit to Operate S-3432 issued by the District. In response to the District s April 6, 2009 comment on the Notice of Preparation; the District s March 19, 2010 comment on the DEIR, and; as described in section , Air Quality, Regulatory Setting Regional, of the DEIR, the Kern County Waste Management Department will obtain a new ATC prior to constructing, altering, replacing, or operating any device which emits, or may emit air contaminants. In summary, the Kern County Waste Management Department will obtain all required District permits prior to the construction of the new landfill liner. Final Environmental Impact Report Page 7B-18 May 2011