Resolution - 6944•
RESOLUTION NO. 6944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING A PLANNING
DIRECTOR'S MODIFICATION TO UNCLASSIFIED USE
PERMIT NO. 71, REVISION 5 (AMENDMENT) AND CERTI-
FICATION OF THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT
The City Council of the City of West Covina, California,
does resolve as follows:
WHEREAS, the BKK Corporation filed with the City of West
Covina, an application for a Planning Director's Modification to
Unclassified Use Permit No. 71, Revision 5 (Amendment) to permit the
construction and operation of an electrical generation facility on a
site commonly known as BKK Landfill at 2210 South Azusa Avenue; and
WHEREAS, said electrical generation facility includes gas
turbines, compressors, gas flares and other related and necessary
appurtenances for the generation of electricity utilizing landfill
gases; and
WHEREAS, hearings on said application were duly noticed
and conducted by the Planning Commission on September 5, 1984, at
which time the application was approved, subject to conditions; and
WHEREAS, the City Council called up the Planning Commis-
sion's action on September 10, 1984, and referred the matter to the
Transition/Waste Management Commission for their review, comment and
report back to the City Council within 30 days; and
WHEREAS, the Transition/Waste Management Commission
conducted their public review on September 20, 1984, at which time
they recommended delaying action on this proposal until such time as
specific questions and concerns have been adequately addressed; and
WHEREAS, a report of the Transition/Waste Management
Commission actions and recommended conditions were submitted to the
City Council on October 8, 1984; and
WHEREAS, a public hearing -was duly noticed and conducted
by the City Council on October 8, 1984, at which time the staff was
directed to prepare an appropriate resolution and conditions
addressing the concerns expressed by the City Council; and
WHEREAS, said resolution and conditions were submitted to
the City Council on October 22, 1984; and
WHEREAS, studies and investigations made by the City
Council and in its behalf reveal the following:
1. The proposed electrical generation facility will effec-
tively handle more landfill gases than the current gas
recovery flare system and in a more efficient manner.
• 2. Analysis of the noise and emission impacts of this
facility by the applicant's consultants and the City's
consultants indicate these impacts can clearly be
mitigated through appropriate conditions and their
enforcement.
3. Exhibit No. 1 (attached) contains adequate and appropriate
conditions to mitigate the noise and emission impacts and
relates the construction and operation of this facility in
the community and in concert with site characterization
and closure plans and remedial action proposed for the
landfill site and otherwise makes the necessary adjust-
ments to make the use compatible with the community.
• 4. The subject facility will not be detrimental to the
health, safety, peace or general welfare of persons
residing or working in the vicinity or injurious to
property or improvements in the vicinity.
5. The proposed facility is necessary and desirable to
provide a facility which will contribute to the general
well being of the community.
6. An initial study has shown that this project's location
and its compliance to conditions and mitigation measures
will mean that the project will not have a significant
effect on the environment and a Negative Declaration of
Environmental Impact has been prepared.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does
hereby approve a Planning Director's Modification to Unclassified
Use Permit No. 71, Revision 5 (Amendment) and the Negative Declara-
tion of Environmental Impact is hereby certified, subject to the
conditions set forth in Exhibit No. 1, attached and incorporated
herein by reference.
FINALLY RESOLVED, that the City Clerk shall certify to the
adoption of this Resolution.
ATTEST:
ADOPTED AND APPROVED this 22nd day of October, 1984.
City Cler
I, hereby certify that the foregoing Resolution was duly
adopted by the City Council of the City of West Covina, California,
at a regular meeting thereof held on the 22nd day of October, 1984.
AYES: Manners, Chappell, Shearer, Tennant, Bacon
NOES: None
ABSENT: None _
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City Clerk
APPROVED AS TO FORM:
6ity Att rney
EXHIBIT NO. 1
UNCLASSIFIED USE PERMIT NO. 71
REVISION 5 (AMENDMENT)
• 1. The project shall be in conformance with Study Plan "A," dated
September 5, 1984.
2. Following installation of the first turbines, compressors and
similar equipment, as contemplated by phase one of the
project in the electric generation facility and/or upon
installation of each additional turbine, compressor or
similar equipment, a test period shall be implemented to
measure air emissions for compliance with consultant's
findings. If initial testing or any subsequent monitoring of
any agency finds that air emissions exceed levels determined
to be acceptable by the City of West Covina per Harding
Lawson report dated August 28, 1984, or the noise levels as
specified in Section 9 hereof, the facility shall not be
permitted to be operational until such time as mitigation
measures are implemented to bring the facility in compliance
with said pollution standards and noise levels.
3. The operator and/or owner of the landfill shall remove and/or
underground all overhead utility lines including poles on the
site within one year after the cessation of landfill activi-
ties on the site., unless the requirement is waived. This
requirement shall be a part of the closure plan and shall be
guaranteed by the bonds/deposits filed with the City unless
inconsistent with or duplicative of the bonding requirement
of the closure plan.
4. Non-compliance with any and all of these conditions shall be
considered a violation of this Planning Director's Modifica-
tion of the Unclassified Use Permit and shall be subject to
enforcement procedures contained in Sections 26-254 and 1-37
of the West Covina Municipal Code.
5. A qualified geologist shall conduct specific tests to
accurately describe the geologic conditions and the potential
seismic activity of the site. The seismic activity report
shall use the assumptions in the approved Seismic Element of
the General Plan for the City of West Covina or the best
,available technology and information, whichever are the most
conservative in providing for public safety. A qualified
engineer shall certify that the electrical generation
facility plans are adequate to mitigate the geologic and
seismic conditions of the site. Said studies, reports, plans
and specifications shall be submitted to the City Engineer.
The City Engineer may engage a qualified consulting engineer
to assess the adequacy of the plans. The cost of the
consulting engineer shall be reimbursed to the City by the
applicant. Said plans must be deemed adequate prior to the
issuance of any permits to construct.
• 6. The architectural rendering and landscaping plans shall be
submitted to and approved by the Planning Commission prior to
the issuance of any permits to construct.
7. The electrical generation facility shall use the best avail-
able technology to control air emissions in full compliance
with all performance standards imposed by the South Coast Air
Quality Management District. Any waiver of the rules, regula-
tions or best available technology shall only be granted if
findings are made that the waiver will improve the air
quality of the community through the more effective.control
• of air emmissions from the electrical generation facility.
8. Applicant shall comply with any rule and/or regulation
imposed by the South Coast Air Quality Management District
for the control of HCL (hydrogen chloride) with the specific
objective to improve the air quality of the community by
minimizing impacts of all the emissions from the electrical
generation facility. The generation facility shall be
retrofitted to comply with this condition.
9. Noise levels from the electrical generation facility shall
not exceed 42 dbA (LEQ) in any hour as measured at any
abutting residential property line. During the test period,
the applicant shall conduct performance tests utilizing a
qualified acoustical engineer to determine compliance with
this performance standard. All costs shall be borne by the
applicant. Reports of these tests and proposed mitigation
measures shall be submitted to the Planning Director and
compliance attained prior to any agency permitting the full
operation of any one or all of the turbine systems and/or
flares. If at any time this noise standard is not met
during the operation of the facility, the applicant must
mitigate and correct the violation.
10. Applicant shall maintain the existing gas recovery flare
system in a manner as to comply with all rules and regula-
tions of the South Coast Air Quality Management District,
including the minimizing of emissions through the most
efficient operation of the flares.
11. The construction and operation of the electrical generation
facility shall not interfere or be inconsistent with the Site
Characterization Work Plan promulgated by the California
Department of Health Services or any subsequent Site Assess-
ment and Remedial Action Plan promulgated by any Federal,
State or local regulatory agencies. In addition thereto, BKK
shall comply with any and all remedial actions required as
part of said plan which affect the construction of the
electrical generation facility or impact the site location
upon which said facility is to be placed. Any remedial
actions required by said regulatory agencies which directly
impacts the site location of the facility or the construction
of the facility shall be complied with by BKK prior to
commencement of the operation of the facility.
12. Site location, construction and operation of the electrical
generation facility shall be consistent with any and all
provisions contained in the proposed closure and post closure
plan to be submitted by BKK and approved in accordance with
regulations adopted pursuant to the resource, conservation
and recovery act (40 CFR 264 and 265).
• 13. All revenues received by the applicant from the operation of
said electrical generation facility shall be subject to a
gross receipts business license tax, which tax shall be
determined and adopted by the City Council by appropriate
resolution or ordinance.
14. The approval of said electrical generation facility shall in
no way preclude the City of West Covina from the exercise of
its general powers of local land use regulation and its
police power, including, but not limited to, its power to
modify, revoke or suspend the construction and/or operation
of the electrical generation facility. The City of West
Covina retains said powers notwithstanding the existence of
the provisions of California Health and Safety Code, Section
25149, California Government Code, Section 66796 (F), or the
permanent injunction issued in the CITY OF WEST COVINA VS.
THE DEPARTMENT OF HEALTH SERVICES, ET AL, LASC No. C344637.
This condition is based on the understanding that the opera-
tion of said electrical generation facility is unrelated to
the disposal, treatment or recovery of resources from hazar-
dous waste or a mix of hazardous and solid waste at the BKK
Landfill as set forth and provided for in Section 25149 of
the California Health and Safety Code.
15. The Planning Director's Modification shall not be effective
for any purpose until the owner of the property involved or
his duly authorized representative has filed at the office of
the Planning Director his affidavit stating he has received
and accepts all conditions contained in the Resolution
approving the Planning Director's Modification. Said
affidavit shall be submitted within 60 days of the adoption
of the Resolution approving the project.
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