HomeMy WebLinkAboutCC Resolution 13585 (Grand Jury Response; Garbology in Marin)RESOLUTION NO, 13585
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE CITY OF SAN RAFAEL
RESPONSE TO THE 2012-2013 MARIN COUNTY GRAND
JURY REPORT ENTITLED "GARBOLOGY IN MARIN:
WASTED ENERGY"
WHEREAS, pursuant to Penal Code section 933, a public agency which receives a Grand
Jury Report addressing aspects of the public agency's operations, must comment on the Report's
findings and recommendations contained in the Report in writing within ninety (90) days to the
Presiding Judge of the Superior Court with a copy to the Foreperson of the Grand Jury; and
WHEREAS, Penal Code section 93 3 specifically requires that the "governing body' of the
public agency provide said response and, in order to lawfully comply, the governing body must
consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and
WHEREAS, the City Council of the City of San Rafael has received and reviewed the
2012-2013 Marin County Grand Jury Report, dated May 8, 201.3, entitled "Garbology in Marin:
Wasted Energy" and has agendized it at this meeting for a response.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby:
1. Approves and authorizes the Mayor to execute the City of San Rafael's response to
the 2012-2013 Marin County Grand Jury Report entitled "Garbology in Marin: Wasted Energy,"
copy attached hereto_
?. Directs the City Clerk to forward the City's Grand Jury Report response to the
Presiding Judge of the Marin County Superior Court and to the Foreperson of the Malin County
Grand Jury,
1. Esther Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
ReSolutioll was duly and regularly introduced and adopted at a regular meeting of the San Rafael
City- Council held on the fifth day of August, 2013, by the following vote to wit:
AYES: C ouncilmembers: Colin, (:.onnelly & Vice -?Mayor Heller
NOES: Council members: None
ABSENT: Councilmembers: McCullough & Mayor Phillips
ES'F1lFR C. B)~IR T", City Clerk
PHONE 415-485-3065
FAX 415-485-3133
August 14, 201 )
The Honorable Judge James Ritchie
Marin County Superior Court
P.O. Box 4988
San Rafael, CA 94913-4988
Honorable Judge Ritchie:
Mr. Treadgold:
Rich Treadgold, Foreperson
Marin County Civil Grand Jury
3501 Civic Center Drive, Room #275
San Rafael, CA 94903
RE: Marin County Civil Grand Jury Report: "Garbology in Marin: Wasted Energy"
We are forwarding to you the following documents:
• A certified copy of Resolution No. 13585 adopted by the San Rafael City Council on
August 5, 2013 approving and authorizing the Mayor to execute the City's response;
• Original of the "Response to Grand Jury Report Form," executed by Mayor Phillips on August 8,
2013;
• Copy of the City Council Staff report dated August 5, 2013.
Should you need further assistance, please contact me at (4 15) 485-3065.
Sincerely,
ESTHER C. B)~IRNE
City Clerk
cc: Gary O. Phillips, Mayor of the City of San Rafael
Nancy Mackle, City Manager
Civil G ind Jury Garbojo-y
RESPONSE TO GRAND JURY REPORT FORM
Report Title:
Report Date:
Public Release Date:
Response By:
FINDINGS
Garbology in Marin: Wasted Energy
May 8, 2013
May 14, 2013
City of San Rafael
■ We agree with the findings numbered: N/A
■ We disagree with wholly or partially with the findings numbered: N/A
RECOMMENDATIONS
■ Recommendations numbered: NONE have been implemented.
■ Recommendations numbered: NONE have not yet been implemented, but will be
implemented in the future.
■ Recommendations numbered: R5 require further analysis.
See attached explanations. (Attach an explanation and the scope and parameters of
an analysis or study, and a timeframe for the matter to be prepared for discussion
by the officer or director of the agency or department being investigated or
reviewed, including the governing body of the public agency when applicable.
This timeframe shall not exceed six months from the date of publication of the
grand jury report.)
■ Recommendations numbered: NONE will not be implemented because they are not
warranted or are not reasonable.
DATED: lu Signed:`
GARY . PHILLIPS, Mayor
ATTEST:
Esther Beirne, City Clerk
ATTACHMENT I
RESPONSE OF THE CITY OF SAN RAFAEL TO GRAND JURY REPORT
"GARBOLOGY IN MARIN: WASTED ENERGY"
EXPLANTIONS REGARDING RECOMMENDATIONS
■ Explanation for Recommendation R5:
Response: The City of San Rafael does hold a municipal solid waste (MSW)
franchise agreement that is negotiated every five years with the waste hauler,
Marin Sanitary Service. However, mandating that our franchised hauler dispose
of all MSW in Marin County would have far-reaching economic, environmental,
and legal impacts that would require further investigation before such a mandate
could be implemented. Timeline: Citv staff to review legal considerations with
Citv Attornevs over the next few months. Citv Staff will meet with Marin Sanitary
Service to review economic impacts within the next few months. It is currently
unclear that the Grand Jury recommendation will be environmentally beneficial
due to the competina environmental impacts. Citv staff will explore the
environmental issues pendinq the outcome of the Countv's and Redwood Landfill
Inc.'s appeal.
2012/2013 MARO COUATY CIVIL GRAN) ,JURY
Garbology in Marin:
Wasted Energy
Report Pate -- May 8, 2013
Public Release Pate — May 14, 2013
COUNTY OF MARIN
t
Marin County Civil Grand Jury
GARBOLOGY IN MARIN:
WASTED ENERGY
SUMMARY
Redwood Landfill Inc. (RLI), Marin County's only solid waste landfill, is nearing the end
of its useful life. Based on a 2008 Environment Impact Report (EIR), the landfill applied
for and received a new Solid Waste Facility Permit in 2008 (the 2008 PERMIT), but the
validity of the EIR and the 2008 PERMIT were successfully challenged in court. If the
appeal currently pending is denied, the landfill will be forced to operate under its 1995
PERMIT, thereby reducing the maximum allowable disposal, which could force its
closure within 7-9 years, (2020-2022).1
Depending on the outcome of the appeal, these are the three alternative outcomes:
1) If the landfill appeal is denied, a new EIR will be required for RLI to receive an
updated permit. This process could take years to complete - the 2008 EIR, which was
the basis for the 2008 PERMIT was started in 2003. RLI could take on this process,
although it has expressed no certainty that it will do so.
2) If the landfill appeal is denied, RLI could decide not to pursue a new permit, and
simply close the landfill when it reaches the maximum disposable amount under the
1995 PERMIT. In that event;
■ Marin will need to find another landfill, a problematic issue since County officials
have stated that it will be impossible to find an alternate site within the County.
Not finding an alternate site in Marin County means our trash becomes another
county's problem and increases our carbon footprint.
■ Marin would also lose RLI's proposed landfill gas -to -energy plant. Such a plant
could possibly create enough electricity to supply approximately 6,000 to 8,000
Marin County homes with renewable green energy.
3) If RLI prevails in its appeal and the life of the landfill is extended, the 2008 PERMIT
would extend the useful life for a minimum of approximately 19 years (to 2032). Inaddition, if RLI were to build the proposed landfill
gas -to -energy plant, the landfill
could also move up one tier in the "Hierarchy of Waste Management" (see illustration
below) by producing energy from landfill gas.
I l lie final data ,Nould be determined by waste settlement and compaction.
Islay. 2013Marin County Civil Grand Jury Page; I of 29
Garbology in Marin: Wasted Energy
The pyramid illustrates a spectrum of ways to deal with waste from the least to most
desirable. Marin County is striving to reach a landfill diversion rate of 94% (i.e.
transporting only 6% of waste to the landfill while 940/0 is diverted to resource
recovery facilities) by 202.5'-. With measures in place, and others outlined in the 200£
PERMIT implemented, RLI could substantially help the County achieve that goal if it
wins its appeal.
At the current time, Redwood Iaandfill is a "modern landfill recovering and flaring
CI -14" (Methane Gas) - the third tier from the bottom in the above diagram. As part of
its operation, the landfill also composts yard waste and converts construction rubble
into reusable construction material. The landfill has committed to moving up to the
fourth tier by constructing a landfill gas -to -energy facility if the lawsuit appeal is
granted.
There are additional ways of extending the useful life of the landfill by:
r C.onstrUCting a waste -to -energy (WTF) facility
Ora{t ZE,)-o Stratik Prestntcd h5 R; Consultin , Group Decomber 2009
Ma n, 2013 Maritt Couclty Civil Grated Jury 1 nyc 2 of 29
Garbology in Marin: Wasted Energy
■ Exploring possible other biomass conversion (e.g., Anaerobic composting) in
sufficient quantities to contribute to Marin's renewable energy needs. Were this
implemented, the landfill would move up even further on the waste pyrarnid.
The Marin County Civil Grand Jury supports the extension of the landfill's life
regardless of the outcome of the legal proceedings and hopes that we will not end up
with Wasted Energy.
BACKGROUND
Marin County's one remaining landfill originated in 1958 on property owned by Jordon
Smith (for whom Smith Ranch Road received its name). Between 1972 and 1998 many
significant events occurred relating to the landfill and the handling of solid waste, which
are detailed below:
Historical Events
1972 In 1972, California enacted The Solid Waste Management and Resource
Recovery Act (Chapter 342, Statutes of 1972) and established the Solid Waste
Management Board to create policies for solid waste handling and disposal.
Each of the 58 counties was given the task of developing and submitting its
long-term solid waste management and resource recovery plans to the Board
by January 1, 1976.
1976 The Legislature created a permitting and enforcement program for solid waste
facilities to be overseen by local enforcement agencies (LEAs).
1978 Redwood Landfill received its first Solid Waste Facility Permit (PERMIT) to
accept sludge and solid waste.
1989 With the threat of running out of landfill space, Californians saw the
enactment of AB 939 in 1989. This Act mandated goals of 25 percent
diversion of each city and county's waste from disposal by 1995 and 50
percent by 2000. With this legislation the board was reconstituted and named
the. California Integrated Waste Management Board (CI`VMB). This new
11990
May S, 201
board regulated landfills and the law required significant investments by
operators to meet the new standards.
In 1990, realizing that it would be mutually beneficial to jointly prepare the
Integrated Waste. Managernent Plan, Marin's cities and towns and the County
entered into a Memorandum Of Understanding (MOU).
http;!,'zerowastemarin.orglwho-we-ares about-the-jpaE
Jordon Smith sold Redwood Landfill to Sanifill, Inc.
--------------
Marin County Civil Grand Jury Page 3 of 29
Garbology in Marin: Wasted Energy
1992 in November 1992, Marin County Environmental Health Services was re-
designated as the solid waste Local Enforcement Agency (LEA)' for Marin
County by the eleven cities and County of Marin and subsequently certified by
CIWMB. CIWMB became known as CalRecycle effective 2010.
1995 Sanifill received a new PERMIT, incorporating the changes required by AB
939.
1996 The Marin County Hazardous and Solid Waste Management Joint Powers
Authority (JPA), was formed to help ensure the County's compliance with AB
939 and now oversees the disposal of solid waste and hazardous materials in
Marin County. The JPA is comprised of the County of Marin and the cities
and towns of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley,
Novato, Ross, San Anselmo, San Rafael, and Tiburon.
During the same year, USA Waste of California purchased Sanifill, Inc. and
the ownership of Redwood Landfill was included. With the new ownership.
Redwood Landfill (RLI) instituted additional diversion activities including
composting of yard waste, grinding of concrete and asphalt for base rock and
gravel, and setting aside metals and appliances delivered by self -haulers for
recycling.
1998 Waste Management, Inc. (WM) merged with USA Waste and became the
current owner and operator.
Unfortunately, the landfill sits on a 600 -acre parcel of land that is surrounded on three
sides by the Petaluma River Estuary and Marsh. When RLI requested a new Permit in
1999 to allow for increased landfill capacity and operational changes, the LEA prepared
an environrnental impact report (EIR). An initial study concluded that substantial
changes proposed in 1995 concerning issues related to the proximity of the landfill to
water sources and other issues had not been addressed. Once these items had been
rectified, a draft EIR was prepared in 2003 and the initial final EIR approved in 2005.
The final EIR was twice amended and finally completed in October 2008. With
CalRecycle's concurrence, a new Permit was issued to RI..I boosting capacity by 9.3
million cubic yards to a total of 26 million cubic yards and allowing continued operation
for at least another 19 years.
The NO WETLANDS' Petition
In June 2008, an organization called No Wetlands Landfill Expansion (NO
Wt.:TLANDS), filed a petition for a writ of mandate not only claiming the right to appeal
the EIR certification to the Coututy Board of Supervisors (BOS) but also clairning the EIR
was inadequate. The Superior C:'ourt issued a judgment in March 2011 on the first issue
directing the BGS to hear an administrative appeal. The First Appellate Court reversed
Sec appendix A for ditties auxd responsibilities of the LEA
May 5, 2013 Marin C:otunty Civil Grand Jury Page 4 of 29
Garbology in Marin: Wasted Energy
that decision in March 2012 saying the LEA was a legal entity distinct from the county
and the BOS had no authority to approve or disapprove the project. By not ruling on the
other issues brought forth by NO WETLANDS, the lawsuit was heard by Judge Duryee
who ruled in favor of NO WETLANDS on December 11, 2012. RLI, joined by County
Counsel, has filed an appeal.
If RLI is unsuccessful in overturning the ruling, the permit from 1995 will remain in
force. What this means to the residents of Marin County is the following:
■ The landfill may choose not to proceed with plans to build a methane gas -to -
energy plant, which can substantially reduce current greenhouse gas admission
and may provide enough electricity to power 6,000-8,000 Marin County homes.
■ Under the 1995 permit, the landfill is allowed 19 million cubic yards; as of March
2012 the landfill had 2.2 million cubic yards remaining. At the current rate, RLI
could be forced to close within seven to nine years, thus requiring Marin County
solid waste to be trucked out of county and increasing rather than reducing our
carbon footprint and making our waste some other county's problem.
■ According to County officials, siting a new landfill in Marin will be impossible.
Marin's Diversion Rate
In 2008, SB 1016 was enacted to make the process for measuring disposal compliance
simpler by changing from a diversion -based indicator to a per capita disposal rate (with
50 percent of generation as the goal). For 2007, the JPA had a disposal target of 7.6
pounds per person per day. The actual result was 4.9 pounds. This is the equivalent of
68 percent diversion. For 2011, the result was 3.8 pounds, or the equivalent of 75 percent
diversion. The JPA's stated goal was to achieve 80 percent diversion by 2012 and reach
zero waste by 2025. a Essentially, zero waste means that approximately 94 percent of
waste will be diverted, but that there will still be residual waste after diversion
processing. While the size of the annual waste stream is decreasing due to recycling
efforts and the recent downturn in the economy, there is just one landfill in Marin County
and it may reach capacity and close as early as 2020 if the pending appeal is denied.
Several actions, if taken, can extend the useful life of the landfill, namely: reduce the
amount of waste deposited, increase the recycling rate, increase the allowed capacity of
the fill area, and convert the materials at the fill into alternate forms (such as green waste
into compost and methane into electricity).
There are some indications that the JPA goal of 801/ o diversion by 2012 might not have
been achieved. If so, this failure may be due to all of the following:
■ A planned residential food waste implementation took longer than expected due
to a lack of regional composting facilities such as RLI
'I 'the 2012 actual resuit.s will be zn aiiahle in the RA's Annual Report due in Augngt.
May 8, 201 3) Marin County Ci\ril Gi and Jury Page 5 of 29
Garbology in Marin: Wasted Energy
® A planned joint project between Marin Sanitary Service and Central Marin
Sanitation Agency for processing of commercial food scraps through anaerobic
digestion to produce methane generated energy has been delayed
■ The lack of other facilities for processing commercial food scraps - one potential
facility being RLI
■ The JPA's new Construction and Demolition (C&D) Ordinance has not been
approved by all municipalities, and
■ RLI has postponed its planned construction and demolition facility due to the
lawsuit
The Grand Jury is concerned about the potential loss of the landfill and its ability to help
Marin County achieve its desired 94% diversion rate. In addition, the potential loss of
the proposed methane gas -to -energy plant means that we would lose the ability to provide
renewable energy to 6,000-8,000 Marin County homes.
The purpose of this report is twofold: 1) Review the current diversion programs in place,
and 2) examine ways of converting waste to energy that might help the County achieve
zero waste by utilizing the retraining 6 percent residual, thus reducing stored waste and
extending the life of the landfill.
APPROACH
The Grand Jury began its investigation by touring Redwood Landfill and conducting
interviews with RLI, County Counsel, the LEA, and the JPA. In these interviews, we
discussed the pending appeal, the impact if the appeal is not granted, the tonnage
currently going to RLI and the possible alternatives if the appeal is denied. In addition,
we interviewed Marin Clean Energy to verify the viability of using methane gas -to -
energy as a renewable energy source.
Following our initial interviews, we arranged a tour of the Marin Sanitary Service
complex where we observed their current resource recovery operations and received
information regarding their anaerobic digestion joint venture with Central Marin
Sanitation Agency, which should be operational by early 2014. In addition to our
interviews, we reviewed the 2008 EIR report, the 2008 PERMIT, the NO WETLANDS
lawsuit and Judge Duryee's riling. We reviewed articles on landfill use, waste -to -energy
technologies, current and past Marin County waste tonnage reports and greenhouse gas
emission standards.
i
'Crash is not a typical dinner party topic. Dumping the leftovers in the trashcan and
placing it at the curb, or even having it conveniently picked up in the backyard by the
friendly garbage man was a wa_,/ of life for most Americans by the end of WWII. Who
cared where it ended tip; it wasn't our collective problem. It Was out of sight and no
Mav S, 2013 Marin County Citi it Grand Jury Paces 6 of 29
Garbology in Marin: Wasted Energy
thought was given to the consequences of mounds of garbage growing in the local
landfill.
A Short History of Garbage Disposal
The ZeroWasteMarin website states that for most of the first half of the twentieth
century, as a nation, we recovered for reuse about 75 percent of the waste generated. In
the 1970s that figure had dropped to 7.5 percent. Concerns were raised about landfill
shortages. The 1987 "garbage barge", which left Long Island, New York in search of a
final disposal site, became a rallying cry that shifted the national focus to Municipal Solid
Waste (MSW) management.
The Islip, N.Y., garbage barge spent much of Spring, 1987 toting 3,128 tons of smelly
refuse from state to state and country to country. The town's dump was frill, and Florida,
North Carolina, Alabama, Mississippi, Louisiana, Texas, Mexico. Belize and the
Bahamas refused to take delivery.5
In his book, C3arhplo y, Our Dirty I,gv_e Affair with Trash, Edward Humes says
",americans make more trash than anyone else on the planet, thrmt,ing au,a-v, about 7.1
pounds per person per Bary. 365 clays a fear. ( Across a lifetime that rate means, on
average, it)e are each on track to generate 102 toffs of trash. Each of our bodies tnuv
occupy onliv one cen?etea-t' plot ii,hen we are donne vi,ith this tt rhi but a single peasou's
102 --ton trash legacy will require the equivalent of], 100 grac=es."
'l�ttp:;rartic)es.orlanteosenti��el.coFlt�1�)9U-CJi-�9`rev;s/9tJrl'?gQ,61_'t_ l�ei�e-garl�:E�e-isii}I
n ., bis Calculation is derivted {Toil the most, recent and most accurate data on Anic'ri a's annual municipal -waste
generation, the biannual study by Columbia University and the journal BioCycle. which put the nation's trash total at
359.5 million tons ir. 2008. The population of the countr} «as put at 301 million that year by the US. Census, which
vields a daily waste generation amount of 7.1 rrnmds pci- day."
dray 8, 2013 Maria County Citi it Gland Jury Paloe7 of 29
Garbology in Marin: Wasted Energy
Humes goes on to state, "Atnericans have 'won' the world trash clerhy without really
trying, making 50 percent more garbage per person than other Western economies with
similar standards of'living (Germany, Austria and Denmark, among others), and about
double the trash output vf'the Japanese."
Jun 7th MI by The Economist online
A more recent calculation in 2012, illustrated above by The Economist, would put the
U.S. at 5.5 pound per person per day, a reduction of 1.6 pounds since 2008. As discussed
in the Background section above, Marin County has achieved a much greater reduction
than the national average, showing 3.8 pounds per person for 2011.7 Several factors
contributed to the changes in volume of trash headed to landfills:
Prior to about 1960, Garbage, haulers Were known as scavengers because they
sorted through the trash and removed bottles, cams, rags, etc. for recycling. With
' Ti.is caiculation is }lased on JPA .lata using 2011 Marin County population ot'253,5 i2 anti 175,810 tons of -10w in
County waste .qualing 0,6935 tons euualing 17337 pout ds per persL)n l -,-r y:ar, or 3,4 pounds per person per clay.
May 8, 2013 Marin County Ck,il Grand Jury Page 8 of 29
The Rubbish Map- Jun 7th MI by The Economist online
A more recent calculation in 2012, illustrated above by The Economist, would put the
U.S. at 5.5 pound per person per day, a reduction of 1.6 pounds since 2008. As discussed
in the Background section above, Marin County has achieved a much greater reduction
than the national average, showing 3.8 pounds per person for 2011.7 Several factors
contributed to the changes in volume of trash headed to landfills:
Prior to about 1960, Garbage, haulers Were known as scavengers because they
sorted through the trash and removed bottles, cams, rags, etc. for recycling. With
' Ti.is caiculation is }lased on JPA .lata using 2011 Marin County population ot'253,5 i2 anti 175,810 tons of -10w in
County waste .qualing 0,6935 tons euualing 17337 pout ds per persL)n l -,-r y:ar, or 3,4 pounds per person per clay.
May 8, 2013 Marin County Ck,il Grand Jury Page 8 of 29
Garbology in Marin: Wasted Energy
the advent of the compacting garbage truck, this was no longer possible, and
everything ended up in the landfill.
■ As a result of The Clean Air Act of 1970, the backyard incinerator was banned.
Marin County's awareness of the need to divert tonnage going to the landfill began even
before the advent of AB 939 in 1989. Curbside recycling was instituted in the mid -'80's
with bottles, cans, paper and cardboard, then progressed to green waste and household
food waste and now, mandatory commercial recycling,4 including commercial food
waste.
A certain amount of the reduction in waste tonnage can be attributed to the recent
economic downturn. However, the Marin JPA's policies and procedures, outlined in a
2009 Zero Waste Feasibility Study, prepared by R3 Consulting Group, have set the
County on a course for reaching the desired 94% recovery rate. Exhibit 1 illustrates the
27% decline in Marin County tons disposed between 1995 through 2011. Destination of
disposal is detennined by the landfill contracts negotiated by the local haulers. Most of
Southern Marin's waste is taken to out -of -county landfills.
Exhibit 1
Destination of Marin Disposal
350,000
300,000
250,000
i
i 200,000'
Number of Tons
150,000
a
_ €
Ail -
100,000 100,000
50,000
11 a,
i
California Department of Resources Recycling and Recovery (CalRecycle)
Disposal Reporting System (DRS)
Redwood
Portero Hills
Keller Canyon
West Contra Costa
N Forward
0 West Maria
INAltamont
Recology Hay Roar)
Is Other
"With the passage of Assembly Bi 11 (A B) 34 1, bij;iresses anti public entities that-cnenJe four cubic yards or more
of waste per week and nniltifan?ily units oaf fii e or more are re,1tiired to recyclC. Businesses sire required to recycle on
and :tf`t.ea .!t ]} 1. 2()12."
A4ay 8, 2013 Marin Count} Civil Grand Jury Page 9 of''21-)
Garbology in Marin: Wasted Energy
Determining Landfill Life
Of major concern to the JPA is the potential impact if the pending appeal of the NO
WETLANDS lawsuit is denied and RLI has to revert to its 1995 PERMIT. The JPA,
along with the LEA, monitors the anticipated "site life" of the landfill as part of statutory
and regulatory requirernents.9 One requirement is the siting of a new landfill if there is
less than 1.5 years of site life.
As of March 2012, wider the 1995 PERMIT, RLI has available capacity for another 2.2
million cubic yards (CY). Between April 2011 and March 2012 RLI took in 263,000 CY,
or about. 231,500 tons of Municipal Solid Waste (MSW), meaning that at the current rate,
which is one-half of their allowed yearly capacity, the landfill will reach capacity in
2020-2022, or a little more than 7-9 years from now. This means that the County would
need to immediately look for alternate disposal sites.
The JPA retained Environmental Science Associates (ESA) to prepare an analysis of the
landfill's site life in 2012. Their analysis, based on the 2008 PERMIT, and the County's
achievement of 94% diversion rate by 2025, concluded that there would be 3.1 million
tons or 3.5 million CY of capacity remaining in RLI by 2027 (15 years).10
In the study prepared by ESA, many factors were used to determine the landfill closure
scenarios, including expected population growth, waste generation, diversion at expected
94%, disposal reduction at 94% diversion and disposal at current 75% diversion. Exhibit
2 illustrates the expected results.
Exhibit 2
Waste Analysis for Marin County 2010-2027
,•—Populatlon Gowth
County Counsel has advked the .IPA that RU shoLild operat,: tuidcr th 208 PER111T until the appeal k heard.
`Nay 8. 201 3 lariu Cowity Civil {hand Jury Pane 10 of 29
Garbology in Marin: Wasted Energy
Comparing 1995 PERMIT vs. 2008 PERMIT
In 2003, 180 acres of the original 600 -acre site were restored to wetland status in
partnership with the Marin Audubon Society. The 1995 PERMIT permitted footprint
covers 210 acres of the remaining 420 acres and limits the total landfill capacity to
19,000,000 CY, which will be reached within the next 7-9 years at current rates. Of
major concern to the NO WETLANDS group is the fact that the Petaluma River Estuary
and Marsh surround the landfill on three sides. Although RLI has made significant
improvements to levees to control leachate," NO WETLANDS believes there is still a
major threat of leakage into the estuary if there is a 100 -year flood or an earthquake. t'
The 1995 PERMIT does not address waste diversion programs, which RLI. wants to
implement, nor does it address the issues raised by NO WETLANDS.
The 2008 PERMIT expands the capacity to 26,077,000 CY and limits the permitted area
to 222.5 acres for disposal and 7 acres for composting. Extending the slope of the landfill
mound (see illustration below) rather than adding to the footprint while maintaining the
current maximum elevation will achieve the pertinent disposal expansion requirements.
r: ry
,40
` 2;
As stated previously, over 10 _years were spent developing the 2008 PERMIT with many
adjustments and concessions on the part of RLI. The LEA's requested changes to the
permit request, - "Mitigated Alternatives", are outlined in the 2008 approved EIR13
" Leachate is any liquid that, in passing through matter, extracts solutes, suspended solids or any other
component of the material through which it has passed. Leachate is a widely used ternr in the
rn,,irgnmental sciences where it has the specific meaning of a liquid that has dissolved or entrained
environmentally harmful substances, which may then enter the environment. It is most commonly used in
the context of land -filling of putrescible or industrial waste. httl):/,/en.wikipedia.org/wiki/l,eacliate
` Bruce Baton, chairman of No Wetlands Landfill Expansion's board of directors, said, "Oar concerns
cominarc around the lack of a ling and inadequate levees."
Marin judge finalizes riling voiding new, pen -nit for Redwood Landfill Richard Halst ad Marin
Indepencle ret Journal _ -- --- —
t 3 "Che fundamental basis for the Mitigated Alternative is stated in the description of this alternative on
page. 5-31 of the FEiR: [Under the Mitigated Alternative,] Redevood Landfill would shift its enrpltasis front
waste disposal to material and energy recovery. Instead of placing emphasis on increasing waste disposal
capacity, Redwood Landfill would develop processes and methods Mimed at increasing diversion of
materials from landfill, and increasing energy production at the sitc. This would result in several benefits,
including preservation oflandfill capacity, increasing diversion and reducing landfilling ofwastes in this
em ironmerttally seusitivc location; reducing the need for certain project. mitigation measures described in
the analysis. providing justification for 0h crriding Considerations for significant unavoidable impacts of
the project; helping to counterbalance or avoid altogether the si=gniticant unavoidable ef3'ucts ofthe
proposed project; ma,.intiAng consistency with County Integrated tik'asle Management Plan policies and
County energy policies; and providing long -teres protection of the environment in accordance with
California Public resources Code {PRC) 440127.
May 8, 2013 Marin County Civil Grand Jury Nip 12 of 29
Garbology in Marin: Wasted Energy
Looking at the Global Warming Potential - Net Emissions less offset, the mitigations
result in a reduction of nearly 2.2 million Mg eCO2 (greenhouse gas emissions) or a
reduction of 33.4 % between 1998 through 2098. 14 It should be noted that when the
landfill does reach capacity and is closed, RLI is required to maintain the site for at least
30 additional years and must set aside fiends for the post -closure maintenance, which
includes monitoring greenhouse gas emissions. The Mitigated Alternatives also meet the
requirements of the Marin County Greenhouse Gas Reduction Plan - October 2006.
The final EIR dated March 2008, including responses to comments, contains 558 pages.
The report includes in-depth discussions of greenhouse gas emissions, leachate control,
traffic, landfill slope, and revised flood mitigation.
In the December 11, 2012 Superior Court ruling, Judge Duryee found that the 2008 EIR
inadequately discussed the following:
■ Cumulative effect of the Project's greenhouse gas emissions.
■ The possible increased non -cancer health impacts from air pollutant emissions.
■ Mitigation measures to reduce the impact to the Project from potential flooding
and groundwater contamination.
■ An alternate off-site location.
The following is taken from Will Landfill Expansion be Scrapped? Dated December 20,
2012 in the Pacific Sun, "Rebecca Ng, deputy director of cozrno) environmental health
services and the county's solid waste si per visor, says the lawsuit is the cause o f stopping
many protections from going into effect. In her role with environmental health services,
she is the head of the LEA. The environmental report includes '60 pages plus of
mitigation measures ' that will not go into effect if the report gets tossed and the permit
rescinded. IT ith Jtidge Duryee's ruling, sans Ng, the landfill will fall back to its 1995
solid -waste facilities permit. And the mitigation measures targeting greenhouse gas
emissions, building a resource recovery center and a gas-to--energv plant also will,fall
away. '[Fe think the solid waste facilities permit that ti as issited in 2008 is far superior in
m
ters ( protecting the environment. , Ng says the couno, is trying to get those protects
thr nigh a separate environmental review track so they might proceed."
A February 15, 2013 article in the Petaluma Patch entitled Landfill at F,dze of Bay Pits
Environmentalists against Waste Hauler, states:
"II aste 'Vanageinent has appealed the ruling and sans opponents simply ivanl to expos,t
their garbage.' out of the area.
"Thi.S is a highly regulated site frith a lot of reporting and a lot of verilk alion going rlrr
eve/:v single day." Said 0sha "Ve,serve, tin atttlrnE=v r't:I7rt'S07ting 1Vasie Jllanc{genlent. `The
,/Cars that have bee"rr expreS.ved by the petitioners arejust that, they are not bonded on
anb' fae'i and we Heinle lhev are probably hosed more on j�,TVBiisin ir'r that the,' L1'ould
ralher secs their waste go to other locations than keep the ivaste locally.'
1'{ Mg= -Million grams ('l million grams= l metric ton) e("02-== carbon dioxide equivalent
May 8, 2013 Maritt County Civil Grand Jury Pagc 13 of ?q
Garbology in Marin: Wasted Energy
The landfill is, 4vorking to bring dott-n its greenhouse gas emissions to pre -1990 standord)
and has Avo levees that can be raised as needed; according to Meserve. And thele is no
alternate site, for the garbage, meaning it would have to be trucked to another county,
increasing etnissions crud possibly rates.
Dan North is the district manager at Redwood and says the landfill has worked hard to
create an operation tailored to the green, future Alarin leaders have envisioned. `The
county has set forth a zero waste goal by 2025 and the need to support that goal, 'he said
'So its no/just ab071t the expansion of'the landfill, lvhich is a service that is demanded bl,
our customers, but it's, also augmenting it with more ree.vc:lht ii and more diversion.'
But opponents insist another site be fi)und The v sq,v Waste Management has lrlalas to
take in garbage fi•orn beyond Nlarin and Sonoma colwties and is luring business by
keeping prices low. The ,v also point out that the laiud1111 is surrounded by levees' on three
sides and that there (11•e former .stream channels underneath that snake it c o sy for
groundwater- to get contaminated dining high tides.
`Plenty of Morin County residents drive Priuses and profess to be envirownentalists, '
.said Brent Newell, the attornev fon• the groul') opposing the expansion. 7here is no reason
the'ty shoulth .support to pay a couple of dollars more fur the proper hanac:lling of their
,garbage."'
The Grand Jury is not in a position to argue for or against the ruling. However, we do
believe that Marin County citizens should be responsible for their own waste and not haul
it to a landfill outside of Marin, thereby making it another county's problem.
There are three very critical aspects to the issue:
1. if the appeal is lost, RLI could close the landfill when it reaches its 1995 PERMIT
capacity.
2. If RLI is nearing the 1995 PERMIT capacity, RLI may feel that they will not
recover the costs of their proposed resource recovery capital expenditures. If no
further 2008 PERMIT capital expenditures are made:
Marin loses the opportunity to have a WTF, plant and RLI will simply
continue to flare the landfill methane
® Marin may lose expanded composting operations, which would change from
the current windrow composting operation to Covered Aerated Static Pile
(C ASP) Composting. A C`ASP is designed to reduce methane production and
volatile organic compound e.nnissions as much as possible. This process could
achieve up to an 80% reduction in emissions when compared to the current
process
® RLI will not build a proposed Reuse Center ('Reusable items diverted from the
scale house to charity)
May 8, ;201 Marin C"aunty Civil Grand Jury Pane 14 of".?c?
Garbology in Marin: Wasted Energy
a A C&D recovery operation may be lost
3. Marin's carbon footprint will increase and rates may also be raised if our waste is
hauled to more distant landfills.
All of the above remains unknown until the outcome of the appeal is heard sometime
next year, and until we know RLI's response if the appeal is denied. The Grand Jury
hopes that RLI will continue to enhance its operations in Marin County regardless of the
outcome.
Successful Diversion Alternatives
What we do know is that a currently operating landfill gas -to -energy plant is successful.
The Ox Mountain Landfill in Half Moon Bay is one of California's largest renewable
energy projects having a landfill gas -to -energy station that is supplying 11% of the
energy needs for the City of Alameda and is projected to supply 4% of the energy needs
of Palo Alto.ts We also know that Marin Clean Energy would be very willing to
purchase the energy output from RLI's proposed landfill gas -to -energy project at
appropriate financial terms, which can provide renewable energy to at least 6,000 Marin
County homes.
Marin County has had an exemplary record for achieving waste diversion from the
landfill - reaching 75% diversion in 2011 and the expectation of reaching 80% at the end
of 2012. The JPA has promoted many new programs to enhance recovery in an effort to
meet or exceed the stated goal of 94% diversion by 2025. These include not only the
recovery of household food waste, but now mandatory commercial recycling, including
commercial food waste.
A 2009 Zero Waste Feasibility Study, prepared by R3 Consulting Group, recommended
that the 'Down -stream progiatns include increasing the types oftnaterials collected by
hattlets (e.g., food), revising ftanchise agreements and ordinances to reflect industry
standards and establish waste reduction and diversion requirements. impletnentJbod
waste digestion and composting, etc.... Apptoxiinately 56 percent or 128,000 tons of
food yard,ot;ganic vtiaste, inerts, and tnixed C&D were disposed at landfill. ht order to
meet the Zero Waste Goals, t•eduction and processing of'thcse targeted tnatei,ials is
critical. However, c•tn randy thet•e is insufficient capacity.for the facilities located rvitltirt
the County, to process these materials and it tnav he necessary to transport these
tnaterlals to out-of-countV,facilitles. "
Exhibit. 5 breaks out the various components of waste disposed by percentages.
htq):`'wkw,.N,emircmmentalistseveryday.org.'sol'green-Neste-industr�-
professionals/ Alameda-hoLtsing.l7hp
Ntay S, 2013 Marin County Civil Urand Jury Page 15 of 29
Exhibit 5
_ ...,
i 20/0 r 1 %
4%
4%
,,R t vrP
S
gkTT� ;,vk i is;,
Figure ES -1 -Materials Disposed- 2009 Zero Waste Feasibility Study
Garbology in Marin: Wasted Energy
°= Food
M Paper
- Plastic
l
Other Organics t
4
Yard
Mixed C&U
t
Inerts
Metal
Other Inorganics
Glass '
In addition to the potential for providing sustainable methane gas -to -energy for
approximately 6,000-8,000 homes, RLI can play a vital role in helping to achieve the
diversion goal if they continue with plans for an expanded composting operation,
complete a C & D processing line, and possibly install an anaerobic digestion system to
convert food waste to energy.
The JPA has encouraged and endorsed the Marin Sanitary Service/ Central Marin
Sanitation District's Anaerobic Digestion system, called the Food to Energy (F2E)
program. This program is designed to divert commercial food waste but may be
expanded to include residential food waste once the public has accepted the concept. (See
Appendix C)
Further Diversion Alternatives
To understand further diversion possibilities, the Grand Jury has researched methods used
in other countries. which include forms of waste incineration or plasma gasification of
waste. There are many dissenters when the word "incineration" is used because the
immediate vision is of smoke stacks spewing a toxic stew into the atmosphere. Another
argument against this approach is that people will simply not recycle if given this option.
However, that is not necessarily the case. Exhibit 6 illustrates that many countries with
substantial waste to energy programs, neN.ertheless continue: to recycle a substantial
portion of their waste.
May S, 2013 titarin Canopy° Civil Grand Jury Page. t6 of 29
Garbology in Marin: Wasted Energy
Exhibit 6
Luxembourg
France
Italy
Finland
United Kingdom
Spain
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and
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cy� us
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M A�"!✓!ti�"J`l 1b� ,.^ "�rP >, �V, P Y ! M' ;A� , p.l kNp"ryfq. ,�
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✓Sd'. p' 'v'h h. C lF 9'!o d♦MIL+�r �� 1/ yh.! i<' . Mz%teY `kk>7 �V"Gr, p gwl�F'R�'YIH^vy w%`U`�i4 "
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20
w %Rec;ycled N %CAmpostc".d �- %Landfilled rj %to Waste- o -Energy
The United States is about on par with the tTnited Kingdom according to the above
diagram. The. Netherlands and Germany lead the way With less than 24'o of their waste
being landfilled. Denmark is highly advanced in its use of waste for energy. Using
Copenhagen as an example, Edtivard Humes states,'" "This cite t-ecveles trash at twice the
U.S. average, its residents create less than half the househohl waste per capita, and the
comtnunity philosophy holds that dealing ivith incl solvhn the problem of trash must be a
Excerpt From: Humes. Edward. -Gar€ ology." Avery. 2012-04-19. iBooks
May 8, 2013 Marin County Civil Grand Jury Page 17 of 29
Garbology in Marin: Wasted Energy
local concern, oven a neighborhood concern. Wien it comes to waste, NIMBI' (Not in Alm
Backyard) is not cz factor, as shipping trash off to some distant lane fill ----making it
disappear for others to inanage---is considered wasteful, costly and immoral. Not that
such out-of=sight, out-of=mind garbage treatment is nnrch of a consideration here: only 3
to 4 percent of this cio,, s waste ends up in landfills, compared to the U.S. average of'69
percent .... And the secret sauce for that city and the entire nation of Demnark, at least on
the waste disposal front, is its mastery of tanning trash into a renewable enemy source.
'They are the model, along with Japan and a number of other countries in Europe, ' sa,s
Nickolas Theinelis of Columbia University, America's engineer -apostle of'the untapped
power of garbage. 'T hev put these waste-to-energi, plants right in their neighborhoods.
They become part of the fabric of the community. There's none o f the fear and
inisinfbrmation about waste energy that we have in the U.S. They are clean and efficient,
and manv of them are quite attractive. The people are proud of 'thern. ' Demnark ,v
strategy has been to build trash -burning, power -generating plants on a relatively small
scale. No behemoths burning 2,000, 5, 000 or 10, 000 tons of garbage a day, with as those
proposed for Los Angeles in the seventies and eighties. "
Humes continues his argument that burning does not diminish recycling by stating "The
cities and nations that have made trash biu-ning a kev part of their energy and waste
strategies Demnark, Germanv, Austria, Japan, the Netherlands— -all have robust
recycling programs that not only recycle as much as or more than the amount of trash
that is barrned, but they all also recycle cit a march higher percentage than the U.S. has
been able to accomplish. It's the lane filling that diminishes when waste -to -energy
becomes a strong option, not recycling. Germany, for instance, burns 34 percent of its
municipal waste and it recycles the rest, cin impressive 66 percent. That's not fust one
super -green cit,, like San Francisco, but an entire country c f 82 million people, the
powerhouse econoitry of'Eiirope. Almost none of its mimicipal waste gets landfilled"
Most WTE opponents assume that only massive, expensive, utility -scale trash power
plants can be used to produce energy. Currently there are 86 facilities in the United
States for the combustion of MSW; all of which were built prior to 1995. t? There are
three WTE plants in California. Two are in Southern California; Long Beach anti
Commerce, and the other is in Stanislaus County. The Stanislaus Resource Recovery
Facility began commercial operation in Jantiary 1989. This Waste -to -Energy facility,
operating as Covanta Stanislaus, processes 800 tons per day of solid waste, which
generates up to 22.5 megawatts of renewable energy that is sold to Pacific Gas and
Electric Company. } Y But the less costly, comnnmity-based plants that Demnark is using
are the most successful use of the WTE technology right now. For a description of the
various forms of WTE technologies please refer to appendix D.
Once the energy crisis of the 1980s was resolved in the United States, the public lost
interest in the WTE technology. Interest has been revived as landfills reach capacity aid
newer methods of extracting energy from waste are being developed. One of the most
1 Fncng Recovm from AvastcAlonicipal Solid Wastel US EPA
'�` llttl�:`hatisw.covantacne.rgy.ee�t�}'cn'f<icildies.'facility-b}°.lot.stitm�stznislaus.aspx
May 8. X013 Mari.ri C: minty Civil Grand Jnry Page 18 of 29
Garbology in Marin: Wasted Energy
promising is Plasma Gasification, which contains the waste in a sealed container, thus
limiting environmental exposure. Please see Appendix E for a description of one form of
Plasma Gasification. Other methods are being developed including Microwave Plasma
Gasitication.19 While these methods are still very expensive due to development costs,
once the technology is perfected, and demand increases, costs will decrease and they will
become viable alternatives to waste disposal.
Waste Management - owner of RLI - is well aware that as the newer waste diversion
techniques become increasingly more affordable, landfills will become a thing of the
past, and in their 2012 Sustainability report, C.E.O. David P. Steiner wrote: " R`e are
con7tnitted to finding the 'next Trig things'or even the sinall profitable thinggs -- that ivill
relegate the landfill to the last resort for waste after all possible value has been
extracted. 111, recognize that it takes tithe to develop the innovative technologies
necessary to derive new uses fol' waste strean7s, and ive are realistic about the challenge
of finding the right innovations. That is vvhv ut^e have ingested in a portfolio of Inore than
30 partnerships focused oil alternative. enerkv technologies. In this vvav, tine function as
venture capitalists fit- entreprenewrs looking for neve vvays to transfortn waste into usefid
products such as, fuels and cheniicals..4s we work together, vtv gain insights frown what
fids as well as tit hat succeedv "
The Grand Jury urges the LEA, JPA, and the County Public Works Department to
explore additional methods for keeping Marin County waste in the county including
turning the 6% residual after diversion into energy and possibly achieve 100% landfill
diversion. Our hope is that we will not have any Wasted Energy.
FINDINGS
Ft. Redwood Landfill's 2008 EIR is being challenged in court, thereby jeopardizing its
2008 Solid Waste Facility Permit, which has delayed the construction of the
methane gas -to -energy plant and the Construction and Demolition sort line.
F2. Redwood Landfill, as currently permitted, has a finite life and therefore, alternate
methods of waste diversion need to be explored.
F3. Waste -to -Energy Plants can be a solution to limited landfill space.
F4. A portion of Marin County MSW is being sent to out -of -county landfills, increasing
our carbon footprint and making our waste another county's problem.
F5. Marin County waste disposal has diminished by over 27% since 1995 due to the
passage of AB 939 in 1989 and public awareness.
F6. Redwood I.,andfill has seen a waste reduction of 24"r0 during the same time, period
as a result of less out -of -county disposal in the Marin landfill and the effects of
diversion awareness.
In
http; 'tvww �Aas€e-rn7nagernent-worlcl..;ont,articles'print/\ohnne-i_'/issue-(7-featureshnicrov,avc�-plasma-
gasification-heats- up- in -the -us. htnrl
Mav 8, 201; Marin County Civil Cirarld Jury Page 19 of 29
Garbology in Marin: wasted Energy
FT CalRecycle statistics prove that waste diversion in Marin County is much higher
than the national average due to concerted efforts by the Marin County Hazardous
and Solid Waste Management Joint Powers Authority (JPA) and local waste haulers
to educate the public.
RECOMMENDATIONS
R1. The Grand Jury recommends that the Marin County Hazardous and Solid Waste
Management Joint Powers Authority (JPA) and Local Enforcement Agency (LEA)
meet with Redwood Landfill as soon as feasibly possible to gain assurances that the
landfill methane gas -to -energy plant will become a reality.
R2. The Grand Jury recommends that the Marin County Hazardous and Solid Waste
Management Joint Powers Authority (JPA) and Local Enforcement Agency (LEA)
ensure that Redwood Landfill completes the Construction and Demolition sort line.
R3. The Grand Jury recommends that the Marin County Public Works Department,
Local Enforcement Agency (LEA) and Marin County Hazardous and Solid Waste
Management Joint Powers Authority (JPA) work with Redwood Landfill to ensure
the building of an. anaerobic digester for food waste, the energy from which can be
added to the methane gas -to -energy plant.
R4. The Grand Jury recommends that the Marin County Public Warks Department,
Local Enforcement Agency (LEA) and Marin County Hazardous and Solid Waste
Management Joint Powers Authority (JPA) work with Redwood Landfill to explore
all options for minimizing future disposal through some cost effective, least
polluting form of waste gasification, such as Microwave Plasma. Gasification.
R5. The Grand Jury recommends that Local Jurisdictions holding MSW franchise
agreements mandate, through revisions to the agreements, that haulers dispose of all
MSW generated in Marin County in Marin County.
Pursuant to Penal code section 933.05, the grand jury requests responses as follows:
From the following individuals:
Operations Manager, Redwood Landfill Inc. to Findings F1 -F4 and F6 and all
Recommendations.
n Deputy Director, Environmental Heath Services -Community Development
Environmental Health Services Administration to Findings FI -F6 and all
Recommendations.
■ Director, Department of Public, Works, to Findings F1 -F4 and Recommendations
R3&:R4.
® Deputy Director. Department of Public Works - Waste Management to All
Findings and Recommendations.
May S, 2013 Mahn County Civil Orand .Jury Page 20 of'),-)
Garbology in Marin: Wasted Energy
■ Program Manager Department of Public Works -Waste Management Division to
All Findings and Recommendations.
From the following governing bodies:
■ The Marin County Hazardous and Solid Waste Management Joint Powers
Authority (JPA) to all Findings and Recommendations.
■ County Counsel to Finding F 1 and Recommendation R4 & R5
■ Board of Supervisors to Finding F2 -F4 and all Recommendations
■ Marin Energy Authority to Recommendations R 1, R3 & R4
■ The City Council, City of San Rafael to Recommendation R 5
■ The Town Council, Town of Ross to Recommendation R 5
■ The City Council, City of Larkspur to Recommendation R 5
■
The City Council, City of Sausalito to Recommendation R 5
■ The Town Council, Town of Tiburon to Recommendation R 5
■ The City Council, City of Belvedere to Recommendation R 5
■
The City Council, City of Novato to Recommendation R 5
■ The Town Council, Town of Corte Madera to Recommendation R 5
■ The City Council, City of Mill Valley to Recommendation R 5
■ The Town Council, Town of San Anselmo to Recommendation R 5
■ The Town Council, Town of Fairfax to Recommendation R 5
The governing bodies indicated above should be aware that the comment or response of
the governing body must be conducted subject to the notice, agenda and open meeting
requirements of the Brown Act.
■ County of Marin Greenhouse Gas Reehiction Plan, October 2006
■ Energy Recovery from Wastei'Municipal Solid Waste, US EPA
■ Final Draft 7.ero TI erste Feasibility Stzidy Presented by R3 Consulting Group
December 2009
■ Ilalstead, Richard. t1larin jutcq finalizes ruling voiding rteivI?ermii for-Redwo(� ,)d
Landfill Marin Independent -Journal December 20, 2012
■ Humes, Edward, Garbolotiv, Our Dirt, Love ,4 ffcrir ivith Trash, Avery, 2012-04-
19
■a.Qov; ;arcFlim e.Jl4�' MBPR:'200<`3,�Deceniber;'S=1.htm
May 5, 2013 Marin County C ivil Grand Jury Page 21 of 29
Garbology in Marin: Wasted Energy
• http-/ I /Nvww.covantaen y-.�;Qtii,'�pA.,fqcilities,"fLicilitv-bv-locati(.)nlstaiiislaLls.asox
• htT:/,wNAv.eliviroiinielitalisiseveryday.or�lsolid-waste-managp,_nl�ent%'g pgn-,vN,aste-
--
j_kdqstiy -
.p,T-pf(zssionalsiAlamed.-t-housi4.g--Pljp
• titq)://www.iivtinies.coni/2012/09i'I I /seiei lasina- -raises-hopes-
o g1) httnl
cm
• littp:// - www.Was - te-mana�,,einent-world.coni,�'articles,,'or y - ' int"ol ' urne- - I - 2/i ' ssue-
6/features/micfowave- I sma-�zasificatio.ti-heats-ttT)-iii-the-us.htmI
• Is It Better To Burn or Bug Waste.1br Cleary Electricity Generation? P. Ozge
Kaplan, Joseph DeCarolis, and Susan Thomeloe VOL. 43, NO. 0,2009
ENVIRONMENTAL SCIENCE & TECHNOLOGY 9 17.11
• Landfill a/ Edge ofBai, Pits Environmentalists against Waste Hauler, Petaluma
Patch, February 15, 2013.
• No Wetlands Landfill Expansion et al., vs. County of Marin et al.- First Appellate
Court District Division Four #A131651 filed 3/20/12
• No Wetlands Landfill Expansion et al., vs. County of Marin et al.- Superior Court
of Marin, Case No: CV090198 RULING 12/11/12
• Pet- Capita Disposal and Goal Heam-e7nent (2007 andLater)-
http://www.calrecycle.ca.gov/lgcentral/Basics/PerCapitaDsp.httn
■ Redwood Landfill, Solid Waste Facility Permit: December 18, 2008
■ Redwood Landfill Final Environmental Impact Report — Response to Comments
Amendment ESA/ March 2008
■ Siedman, Peter. Will Landfill Expansion he Scrapped? Pacific Sun, December 20,
2012
• The History of the California Environmental Protection Agency-
rciwnab.htm
• The State of Garbage in America, Bio(,vcle. October, 2010
• 1-ittp:/i"zci-owastei-tiarin.orgit.he-2025-goal.'our-Tnissioilj'
Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that
reports of the Grand Jury not contain the ti;anie ofaiiy person or facts leading to the identity of any person who
provides information to the Civil Grand Jury.
GLOSSARY
C& D - Construction and Demolition
(-')' - Cubic Yard
FIR -Environmental Impact Report
EPA- Environmental Protection Agency
May h. 20113 Nlaiiii County Civil Grated Jury Page 22 (-,f—')9
Garbology in Marin: Wasted Energy
ESA - Environmental Science Associates
LEA -- Local Enforcement Agency (See Appendix A for full definition)
JPA — Marin Hazardous and Solid Waste JPA (Joint Powers Authority)
MSW -- Municipal Solid Waste
PERMIT — Solid Waste Facility Permit
RLI — Redwood Landfill Inc.
WM — Waste Management Inc.
WTE- WASTE -TO -ENERGY
APPENDIX A
Solid Waste Local Enforcement Agency (LEA)
Duties and Responsibilities of the LEA
Summary of Duties and Responsibilities specific to the Marin County LEA
1. Routine Landfill Inspections
There are two landfills in Marin County, which are inspected at least monthly.
2. Routine Transfer Station/Materials Recovery Facility Inspections
Marin Sanitary Service's transfer station and resource recovery building are inspected monthly.
3. Closed Landfill Inspection
The LEA is required by current regulations to perform quarterly inspections at the 14 closed landfills
in Marin County
4. Abandoned Site Inspections
Abandoned sites are required to be inspected quarterly. There are no known abandoned sites in Marin
County.
5. Illegal Site Inspections
'the LEA is responsible for investigation of alleged illegal dumping sites. Confirmed illegal sites are
required by regulation to be inspected monthly depending abatement by enforcement action.
Currently, there is one kno,�N n illegal site, which has been referred to the County Counsel.
6. Compost Facility Inspections
The LEA performs monthly inspections of the Redwood Landfill Biosolids Compost Facility.
7. Sites Exempted Pursuant to 27 CCR 21565
Exempted sites shall be inspected quarterly. Currently no c.kemptions exist within Marin County.
3. Facility Complaint Inspections
If a complaint cannot be resolved off-site, the LEA will respond by inspection
9. Demonstration Proiects
When a landfill operator proposes to use an alternatiyc daiiy cover (ADC) for tefuse not a itbin one o"
the categories listed in 27 CCR 21'OF,110(b)(1 10), or ar: ADC material trorn one of the above categuria5.
but used differently tlrar, specified in ti.e aforementioned section, a site-specific demonstration project
must be conducted. In such instances, the LEA may require that the project be subject to pk2rPorrnancc
standards. as specified in 27 CCR 29695. Sites operating under performance standards are inspected
bti the LEA on a weekly basis.
10Pefitse Collection Vehicle Inspections
There etre ten rerogniicd refise collection scn ,ice operators in NL rin County, responsible for
approximately 1175 collection vehicles. The LEA performs annual inspection, of each tiehicic
Mav 8, 200 Marin County (:iviI Grated .fury Page 23 of'29
Garbology in Marin: Wasted Energy
IL Non-Facitity Complaint Inspections
Complaints regarding the storage, handling or disposal of solid waste at undeveloped properties, non-
food related businesses, and residences other than multiple -family dwellings are investigated by the
I EA.
12. Permits
The LEA evaluates, writes and processes new solid waste facility permits and revisions of existing
permits in coordination with the CIWMB. New permits are required for facilities that have never
operated, facilities which did not previously required a solid waste facility permit, or facilities with a
new operator. After issuance, a permit is required to be reviewed every five years. This is also done
by the LEA, in conjunction with the CIWMB.
A permit revision is required whenever a change in the design or operation of a facility is proposed
that has potential for resulting in a physical change to the environment directly or ultimately. A
revised permit must be reviewed by the LEA within five years of reassurance.
13. Permit Exemptions
The LEA reviews applications and documentation to determine if proposed solid waste facilities can
be exempted pursuant to 27 CCR 21565. A staff report is generated and LEA staff facilitates a public
hearing.
14. CEQA Process
The LEA reviews applications for solid waste facility permits or exemptions for completeness and
accuracy. During the review. California Environmental Quality Act (CEQA) compliance must be
assessed and if the project is not exempt, an Environmental Impact Report (EIR) may be required. In
such cases, the LEA often acts as the lead agency lot the EIR.
U _ 1 1
Sitine Element References
Cal. Pub. Res. Code § 41701.
Each countywide siting element and revision thereto shall include, but is not limited to,
all of the following:
(a)A statement of goals and policies for the environmentally safe transformation or
disposal of solid waste that cannot be reduced, recycled, or composted.
(b)An estimate of the total transformation or disposal capacity in cubic yards that will be
needed for a 15 -year period to safely handle solid wastes generated with the county that
cannot be reduced, recycled, or composted.
(c)The remaining combined capacity of existing solid waste transformation or disposal
facilities existing at the time of the preparation of the siting element, or revision thereto,
in cubic yards and years.
(d)The identification of an area or areas for the location of new solid waste
transformation or disposal facilities, or the expansion of existing facilities, that are
consistent with the applicable city or county general plan, if the county determines that
existing capacity will be exhausted within 15 years or additional capacity is desired.
(e}For countywide elements submitted or revised on or after January 1, 2003, a
description of the actions talon by the city or county to solicit public participation by the
affected communities, including, but not limited to, minority and low-income
populations.
Section 18744. Facility Capacity Component.
May 8, 2013 Nlarin C:owily (161 Grind Jury Pai2e. 24 of 29
Garbology in Marin: Wasted Energy
(a) For the initial SRRE the Solid Waste Facility Capacity Component shall identify and
describe all existing permitted solid waste landfills and transformation facilities within
the jurisdiction. This description shall contain the following:
(1) identification of the owner and operator of each permitted solid waste disposal
facility.-
(2)
acility;(2) quantity and waste types of solid waste disposed;
(3) permitted site acreage;
(4) permitted capacity;
(5) current disposal fees; and
(6) for solid waste landfills, remaining facility capacity in cubic yards and years.
(b) The Solid Waste Facility Capacity Component shall include a solid waste disposal
facility needs projection which estimates the additional disposal capacity, in cubic yards
per year, needed to accommodate anticipated solid waste generation within the
jurisdiction for a 15 -year period commencing in 1991.
(1) The solid waste disposal facility capacity needs projection for the initial SRRE shall
be calculated based upon the solid waste generation projection conducted in accordance
with section 18722, of Article 6.1 of this Chapter.
(2) The disposal capacity needs projection for the 15 year period shall be calculated using
the following equation:
ADDITIONAL CAPACITY Year
n = [(G + I) - (D + TC + LF + E)]Year n
where:
G = The amount of solid waste projected to be generated in the jurisdiction;
I = The amount of solid waste which is expected to be imported to the jurisdiction for
disposal in permitted solid waste disposal facilities through interjurisdictional
agreement(s) with other cities or counties, or through agreements with solid waste
enterprises, as defined in section 40193 of the Public Resources Code.
D = The amount diverted through successful implementation of proposed source
reduction, recycling, and composting programs.
TC = The amount of volume reduction occurring through available, permitted
transformation facilities.
LF The amount of permitted solid waste disposal capacity which is available for
disposal in the jurisdiction, of solid waste generated in the jurisdiction.
E = The amount of solid waste generated in the jurisdiction which is exported to solid
waste disposal facilities through interjurisdictional agreement(s) with other cities,
counties or states, or through agreements with solid waste enterprises, as defined in
section 40193 of the Public Resources Code.
n each year of a 15 year period commencing in 1991. [iterative in one year increments]
(c) 'fhe Solid Waste Facility Capacity Component shall include discussions of:
(1) The solid waste disposal facilities within the jurisdiction which will be phased out or
closed during the short -terra and medium -teen planning periods and the anticipated effect
from such phase-out or closure on disposal capacity needs of the jurisdiction.
(2) Plans to establish new or expanded facilities for the short-term and medium-term
planning periods and the projected additional capacity of each new or expanded facility.
(3) Plans to export waste to another jurisdiction for the short-term and medium-term
planning periods and the projected additional capacity of proposed export agreements.
May 8, 2013 Marin County Civil C7rand Jury Papa 25 of 29
Garbology in Marin: Wasted Energy
Note:
Authority cited:
Section 40502 of the Public Resources Code.
Reference:
--Sections 41260;-41460 and 41821 -of the Public Resources Code. -
Section 18788. Five -Year Review and Revision of the Countywide or Regional Agency
Integrated Waste Management Plan.
F_'1j*j-_4L
Central Mario
7
Commercial Food -to -
Energy (F2E) Program
Energy
What is Anaerobic Digestion?
An?erok digestion (also known as food -to -energy (RE) is the decomposqion of organic solids in an
oxygen -free environment, Through this technique, a natural biogas is created (consisting primarily of
methane gas) which is captured and utilized as a source of renewable energy. by diverting food waste
from landfills., fugitive green house gas (GHG) emissions are averted, Food waste is very biodegradable
and has a much higher volatile solids destruction rate than hiosolids. Therefore, residuals will only
increase slightly and may be used as an alternative daily cover.
May 8,20t3 Marin County Civil Grand Jury Palk 26 of 29
Garbology in Marin: Wasted Energy
The follow describes the methods used to turn various types of waste into energy:
THERMAL TECHNOLOGIES
Gasification—uses heat, pressure and steam to convert organic or fossil -based materials
directly into a gas composed mainly of carbon monoxide, hydrogen and carbon dioxide,
otherwise known as syngas. Typical raw materials used in gasification are coal,
petroleum-based and organic materials. The technology requires an energy source to
generate heat and to begin processing. Hydrocarbon buildup, a main contributor to plant
failures, is a significant problem. In addition, the cost of requirements to operate the
plant has made it commercially unviable.
Microwave Plasma Gasification- plasmatron guns are strategically pointed to saturate
matter with microwaves at an angle, creating an efficient vortex flow that starts the
gasification process at the core, making this a more effective process.
In addition, the microwave plasma gasification reactor does not react violently with any
material as feedstock, and it is not as sensitive to moisture as other technologies are. For
this and many other reasons, microwaves gasification can be considered as the leading
emerging technology in the waste to energy field. 20
Pyrolysis—burns wet MSW in an oxygen and water free environment and generates
substantial amounts of condensable hydrocarbons, which make operating the plant
difficult and inefficient, The solids resulting from pyrolysis are highly contaminated and
need further treatment. The additional process requires more energy than the original
pyrolysis procedure.
Plasma Are Gasification------ uses electricity passed through graphite or carbon electrodes
to convert organic materials to syngas; inorganic materials are converted to solid slag,
Main disadvantages include large initial investment costs relative to current landfills,
large electrical energy input, frequent maintenance of the highly corrosive plasma flame
and highly toxic waste water. There are no tars or furans. At extremely high
temperatures all metals become molten and flow out the bottom of the reactor. Inorganics
such as silica, soil, concrete, glass, gravel, etc. arc vitrified into glass and flow out the
bottom of the reactor. There is no ash remaining to go back to a landfill –See Appendix E.
Thermal Depolymerization-----uses waste plastic, tires. wood pulp, medical waste, turkey
offal and sewerage sludge to produce crude oil products as kerosene, naphtha and light
crude oil. Methane, an additional byproduct, is collected and used to power turbine
generators that produce electricity either for the facility or for resale.
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May S. 2013 'Nfarin County Civil Grand Jury Page 27 of 29
Garbology in Marin: Wasted Energy
NON -THERMAL TECHNOLOGIES
Fermentation production—uses waste cellulose or organic material to create ethanol for
use in motor vehicles. The fermentation process is the same general procedure used to
make wine.
Esterification --uses recycled vegetable oil, virgin oil and/or tallow to create biodiesel.
The recycled oil is processed to remove impurities and virgin oil is refined. The amount
of oil in the feedstock and the transportation distance determine the effectiveness of the
technology.
Anaerobic Digestion—uses bacteria to break down food waste and release methane gas
as a byproduct that can be used for electricity/energy generation. The organic residue can
be used as a soil amendment.
DISCUSSION ON PLASMA GASIFICATION
Plasma gasification is the gasification of matter in an oxygen -starved environment to
decompose waste material into its basic molecular structure. Plasma gasification does not
combust the waste as incinerators do. It converts the organic waste into a fuel gas that
still contains all the chemical and heat energy from the waste. It converts the inorganic
waste into an inert vitrified glass.
Plasma is considered a 4th state. Electricity is fed to a torch, which has two electrodes,
creating an arc. Inert gas is passed through the arc, heating the process gas to internal
temperatures as high as 25,000 degrees Fahrenheit. The following diagram illustrates
how the plasma torch operates.
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lay 8, 2013 Marin County Civil Grand .fury Page 28 of 29
Garbology in Marin: Wasted Energy
The temperature a few feet from the torch can be as high as 5,000-8000° F. because of
these high temperatures the waste is completely destroyed and broken down into its basic
elemental components. There are no tars or furans. At these high temperatures all metals
become molten and flow out the bottom of the reactor. Inorganics such as silica, soil,
concrete, glass, gravel, etc. are vitrified into glass and flow out the bottom of the reactor.
There is no ash remaining to go back to a landfill.
PROCESS FLOW DIAGRA`v1- Plasma Gasitication
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May 8. ?013 County CiN it Grund .lury Page 29 of 29
RESPONSES TO GRAND JURY REPORTS
SUMMARY OF PENAL CODE 933.05
Penal Code 933.05(F) states the grand jury shall provide to the affected agency a copy of
the portion of the grand jury report relating to that person or entity two (2) working days
prior to its public release and after the approval of the presiding judge.
Penal Code 933.05 also provides for only two (2) acceptable responses with which agencies
and/or departments (respondents) may respond with respect to the findings of a Grand
jury report:
1. The respondent agrees with the finding.
2. The respondent disagrees wholly or partially with the findings, in which case the
respondent shall specific the portion of the finding that is disputed and shall
include an explanation of the reasons therefore.
Penal Code 933.05 provides for only four (4) acceptable responses with which agencies
and/or departments (respondents) may respond with in respect to the recommendations
of the Grand jury.
1. The recommendation has been implemented, with a summary regarding the
implemented action.
2. The recommendation has not yet been implemented, but will be in the future with a
timeframe for implernentatiOD.
3. The recommendation requires further analysis, with an explanation and the scope
and parameters of an analysis, with a timeframe for the matter to be prepared for
discussion by the officer or head of the agency/department being investigated or
reviewed, including the governing body of the public agency when applicable. This
timeframe shall not exceed six (6) months.from the date of publication of the
Grand fury Report.
4. The recommendation will not be implemented because it is not warranted or is riot
reasonable, with a detailed explanation therefore.
However, if a finding and/or recommendation of the Grand jury addresses budgetary or
personnel matters of a County agency/department head and the Board of Supervisors shall
respond if requested by the Grand jury, but the response of the Board of Supervisors shall
address qDly those budgetary or personnel matters over which it has some decision
making authority. The response of the elected agency or department heat shall address all
aspects of the findings or recommendations affecting his or her agency/ department.
Penal Code 933 states that the governing body of the 'public agency shall respond to the
presiding judge within 90 clays, and that an elected c0ffilty officer or agency iieacl shaii
respond to the presiding judge within 60 days,
California Penal Code Sections
Penal Code 933
No later than 90 days after the grand jury submits a final report ori the operations of any public
agency subject to its reviewing authority, the governing body of the public agency shall
comment to the presiding judge of the superior court on the findings and
recommendations pertaining to matters under the control of the governing body, and
every elected county officer or agency head for which the grand jury has responsibility
pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the
superior court, with an information copy sent to the board of supervisors, on the findings
and recommendations pertaining to matters under the control of that county officer or
agency head and any agency or agencies which that officer or agency head supervises or
controls.
Penal Code 933.05
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding
person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response
shall specify the portion of the finding that is disputed and shall include an explanation of
the reasons therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the
responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented
action.
(2) The recommendation has not yet been implemented, but will be implemented in the future,
with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and
parameters of an analysis or study, and a timeframe for the matter to be prepared for
discussion by the officer or head of the agency or department being investigated or
reviewed, including the governing body of the public agency when applicable. This
timeframe shall not exceed six months frorn the date of publication of the grand jury
report.
(4) The recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation therefore.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel
matters of a county agency or department headed by an elected officer, both the agency or
department head and the board of supervisors shall respond if requested by the grand
jury, but the response of the board of supervisors shall address only those budgetary or
personnel matters over which it has some decision making authority. The response of the
elected agency or department head shall address all aspects of the findings or
recommendations affecting his or her agency or department.
(d) A grand jury may request: a subject person or entity to come before the grand jury for the
purpose of reading and discussing the findings of the grand jury report that relates to that
person or entity in order, to verify the accuracy of the findings prior to their release.
(e) During an investigation, the grand jury shall meet with the subject of that investigation
regarding the investigation, unless the court, either on its own deterniination or upon
request of the foreperson of the grand jury, determines that such a meeting would be
detrimental,
(f) A ;rand jury shall provide to the affected agency a copy of the portion of the grand jury report
IeilA.rllg LO 6ILIL PE'1''+01r Ur t`litlt:y Lwo l< j 4'Vo `; (�{iilg i1ccY`> Pi'i Li ILS 1)ttu11F: glee-'' :: 'Ind 'iOci
the approval of the presiding judge. No officer, agency, department, or governing body of a
public agency shall disclose any contents of the report prior to the public release of the
final report.
CITY OF SAN RAFAEL
ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. -
DATE OF MEETING: Auqust 5, 2013
FROM: Cory Bvtof
DEPARTMENT: Citv Manaqer
DATE: Julv 25, 2013
TITLE OF DOCUMENT:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING,
AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE
TO THE 2012-2013 MARIN COUNTY GRAND JURY REPORT ENTITLED "GARBOLOGY
IN MARIN: WASTED ENERGY"
D4partrn"ont He4d (kiignature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM:
AGENDA ITEM:
} 7 k
i+F ✓,,s � 44s.:. `sem"+_ x4"„", i.> °�,•'ka'.,�*'"IN—
City Manager (signature) City Attorney (signature)
NOT APPROVED
REMARKS: