01SN0129-DEC20.pdfDecember 20, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0129
(Amended)
J. T. Shoosmith Disposal LLC
Bermuda Magisterial District
South line of Carver Heights Drive
REOUEST:
(AMENDED) Amendment to Conditional Use (Case 00SR0112) plus Conditional
Use Planned Development to include but not necessarily limited to cell design,
Leachate Contingency Plan, the approved Master Plan, the types of material
accepted, the grinding of debris, a retail and wholesale operation for mulch and the
method of capping the cells.
PROPOSED LAND USE:
The applicant proposes to amend the approved Master Plan for an existing
construction/demolition/debris landfill; continue the existing operation with unlined
cells; delete the leachate collection and management system requirement; modify
the approved land£fll cap design; allow the grinding of debris; and allow the selling
of mulch. Existing conditions of zoning, as well as Zoning Ordinance standards,
require the lining of new cells, leachate collection and management and a specific
design for the landfill cap. In addition, a grinder/grinding operation and the selling
of material from the site is not currently permitted.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
PLANNING COMMISSION. RECOMMENDATION
THE COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON DECEMBER 19,
2000. STAFF WILL ADVISE THE BOARD OF THE COMMISSION'S RECOMMENDATION
AT, OR PRIOR TO, THE BOARD'S PUBLIC HEARING.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
CONDITIONS
The landfill has operated for a number of years with no apparent adverse impact
on the area. The addition of a mb grinder and a retail and wholesale operation for
mulch produced on the site should have no greater impact on area development than
the existing landfill.
Since the type of debris that has been deposited has not resulted in adverse impacts
on the area's environment, continued filling with stumps, brush and other land
clearing debris should similarly result in no environmental impacts.
The State Department of Environmental Quality (DEQ) has instituted, and actively
implements, a comprehensive regulatory program for the regulation of construction
and demolition debris landfills as well as other types of solid waste management
facilities. These regulations provide an adequate framework that ensures potential
environmental impacts from such facilities are either avoided or rapidly addressed,
should they occur.
The Textual Statement dated November 30, 2000, shall be considered the plan of
operation. Except as modified by this Textual Statement, all conditions of Cases
89SN0132, 90SN0122 and 00SR0112 shall remain in effect.
(NOTES: A. Condition 7 of Case 89SN0132 was eliminated by Case
00SR0112.
B. This condition supersedes the condition of Case 00SR0112.
C. The proffered conditions of Case 00SR0112 remain in effect.)
The owner/developer shall allow County inspections of the construction/demolition
debris landfill throughout the life and post-closure period of the facility, including
but not limited to, inspections to observe the taking of any and all samples of air,
waste, surface water, or groundwater at the facility. The County shall also have
2 01 SN0129/WP/DEC20K
the right to take such samples itself. The purposes of such inspection(s) shall be
to ensure compliance with all County, State and Federal Ordinances, statutes or
regulations. (GS & EE)
The owner/developer shall establish a groundwater monitoring program that meets
all criteria established under 9 VAC 20-80-260 D - Groundwater monitoring,
including any amendments to those regulations which may be adopted by the Waste
Management Board in the future. Specifically, this program shall meet all the
requirements of 9 VAC 20~80-260 D.6 - Phase II Monitoring Program. At no time
during the life and post-closure period of this facility shall the owner/developer
revert back to 9 VAC 20-80-260 D.5 - Phase I Monitoring Program. Any
monitoring, assessment or corrective action reports shall be submitted to the
County Solid Waste Management Division and Water Quality Section prior to
submission to DEQ. (GS & EE)
Should the County determine that the owner/developer is not in compliance with
any assessment or corrective actions required as a result of the monitoring
program, the owner/developer shall be prohibited from accepting any further
material at the facility until such time that the County determines that the
owner/developer has achieved compliance. (GS & EE)
Should the Virginia Solid Waste Management Regulations related to Phase II
Monitoring be amended in the future, the owner/developer shall ensure compliance
with the new regulations or the applicable County regulations and conditions,
whichever are more stringent. (GS)
GENERAL INFORMATION
Location:
Fronts the south line of Carver Heights Drive, west of West Booker Boulevard. Tax ID
778-650-7795 (Sheet 26).
Existing Zoning:
A with Conditional Use
Size:
33.2 acres
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Existing Land Use:
Debris Landfill
Adjacent Zoning and Land Use:
North - R-MF and I-1; Vacant
South - A; Chesterfield County, Chester Landfill (inactive)
East - A and A with Conditional Use; Commercial or vacant
West - A; Single family residential or vacant
The existing landfill operations do not require the use of public water and wastewater. The
proposed amendments will have no impact on the public water and wastewater systems.
ENVIRONMENTAL
Drainage and Erosion:
The site drains to the north and then west to Swift Creek. There are no existing or
anticipated on- or off-site, drainage or erosion problems.
There is a perennial stream on the northern property line that is subject to a 100 foot
conservation area. There are limited uses permitted within the conservation area.
Solid Waste Management and Water Onali _ty:
This Construction Demolition Debris landfill has been in operation for more than ten (10)
years. Since the facility has been in operation it has accepted only stumps, brush, leaves
and land-clearing debris, which is consistent with what the applicant wishes to continue to
accept. This facility is currently in compliance with 9 VAC 20-80-260 of the Virginia Solid
Waste Management Regulations - Construction/Demolition/Debris (CDD) landfills. This
regulation addresses siting, design and construction, operation, groundwater monitoring,
closure and post-closure care requirements. The site must comply with the Financial
Assurance requirements, which requires an annual evaluation of the approved closure and
post-closure plan by the Depa~uaent of Environmental Quality (DEQ). Any changes to this
plan or to the pay-in amount must be approved by the DEQ.
In 1993, four (4) years after the County originally approved the CDD landfill; the DEQ
approved more stringent and comprehensive solid waste management regulations
equivalent to the Environmental Protection Agency's (EPA). In addition, DEQ's program
has received approval from the EPA. This certification is significant in that the EPA has
4 01SN0129/WP/DEC20K
recognized Virginia's regulatory requirements meet or exceed all Federal regulations
relative to solid waste management facilities.
Staff recommends approval of the applicant's request entitled Textual Statement, submitted
July 19, 2000 and last revised November 30, 2000. This request deals with the liner and
capping requirements of the expansion area. Staff believes that the current DEQ regulatory
requirements, coupled with staff's recommended Conditions 2 through 5 and DEQ's
increased inspection program will provide the necessary assurances that this facility will
not pose a significant risk to the health and safety of the surrounding properties and the
environment. Specifically, DEQ's regulations allow construction/demolition debris
landfills to construct and operate an unlined area that accepts only stumps, brush, leaves
and land clearing debris provided it maintains a five (5) foot vertical separation between
the groundwater and the waste material (9 VAC 20-80-260 B. 15). The DEQ also allows
an alternate cap design for these facilities consisting of two (2) feet of compacted soil (9
VAC 20-80-260 E. 1 .c).
PUBLIC FACILITIES
Fire Service and Transportation:
The proposed amendments will have little or no impact upon these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan and the Southern and Western Area
Plan which suggests the property is appropriate for community mixed use and for
residential use of 1 to 5 acre lots.
Area Development Trends:
Property to the north is zoned for multi-family residential and light industrial uses and is
currently vacant. Property to the south is occupied by the County's Chester Landfill,
which is currently inactive. Property to the east and west is zoned agriculturally and is
occupied by single family residences, commercial uses or is vacant. These land uses are
expected to continue in the area for the foreseeable future.
5 01SN0129/WP/DEC20K
Zoning History:
On July 26, 1989, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a Conditional Use to permit a
construction/demolition/debris landfill on the property for a period of ten (10) years.
(Case 89SN0132)
On July 25, 1990, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Case 89SN0132 to delete the time
period under which the first cell would have to be closed and to modify certain
requkements relative to site attendants, inspection of loads from an elevated platform and
paving. (Case 90SN0122)
On April 26, 2000, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved the renewal of Cases 89SN0132 and 90SN0122 to allow
continued operation of the landfill with no time limit. (Case 00SR0112)
Site Design:
The property is occupied by an operating landfill. The northern portion of the property,
which is currently vacant, is scheduled to commence operation (receive fill material) once
the current operating cell is closed and an approved closure plan is implemented.
Equipment:
The applicant has positioned a tub grinder on the property for purposes of grinding
accepted material into a mulch product and is seeking approval for the grinder (Amended
Engineering Report, 7). The grinder would be moved about the site as needed for the
grinding operation. Once the mulch is created, the applicant plans to sell it, move it from
the site or dispose of it in the landfill (Amended Engineering Report, 19a). The current
zoning does not allow the grinder nor does it allow the selling of material from the
property. The applicant has also agreed that the hours of operation for the retail and
wholesale operation would coincide with the operating hours of the landfill (Amended
Engineering Report, 5). In analyz'mg this request, staff has determined the positioning of
the grinder on the site as well as the selling of material presents no greater impact on area
development than does the existing equipment or filling operation.
CONCLUSIONS
The landfill has operated for a number of years with no apparent adverse impact on the area. The
addition of a retail and wholesale operation for mulch produced on the site should have no greater
impact on area development than the existing landfill. Since the type of debris that has been
deposited has not resulted in adverse impacts on the area's environment, continued filling with
6 01SN0129/WP/DEC20K
stumps, brash and other land clearing debris should result in no environmental impacts. The State
Department of Environmental Quality has a comprehensive regulatory program for the regulation
of construction and demolition debris landfills. These regulations, along with the recommended
conditions, provide an adequate framework that ensures potential environmental impacts from such
facilities are either avoided, or rapidly addressed should they occur.
Given these considerations, staff recommends approval of this request.
CASE HISTORY
Applicant (11/13/00):
Amendments to the application, which would necessitate readvertising, were submitted.
Planning Commission Meeting (11/16/00):
At the request of the applicant, the Commission deferred this case to December 19, 2000.
Staff (11/17/00):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than November 27, 2000, for consideration at the Commission's
December 19, 2000, public hearing. Also, the applicant was advised that a $250.00
deferral fee must be paid prior to the Commission's public hearing.
Applicant ( 11/29/00):
The deferral fee was paid.
Staff (12/1/00):
If the Planning Commission acts on this case on December 19, 2000, it will be considered
by the Board of Supervisors on December 20, 2000.
The Board of Supervisors, on Wednesday, December 20, 2000, beginning at 7:00 p.m., will take
under consideration this request.
7 01SN0129/WP/DEC20K
TEXTUAL STATEMENT
July 19, 2000
Revised November 13, 2000
Revised November 27, 2000
Revised November 30, 2000
The applicant is requesting that Conditions 1 and 3, incorporated by reference from Case No.
89SNO132 and 90SN0122 into Case No. 00SR0112 be amended. The proposed amendments
involve revising the J. K. Timmons Plan referenced as part of the Master Plan in Condition 1 and
amending the first sentence of Condition 3.
1. The Master P1an shall be mended by incorporating the changed provisions described below
into the Engineering Report prepared:by J. K, Timmons & Associates, p:C.; dated December
8, 1988, as amended on January 27, 1989 (the "Report"). Attached as Exhibit 1 to this
Textual Statement is a blacldined version of the proposed Report changes.
(a) The description of type of waste accepted found in Section 3(a) of the Report shall
be revised to provide that only stumps, brush, bark, leaves and other land clearing
debris shall be accepted at the landfill.
(b) Section 5 shall be amended to clarify operating hours for the retail or wholesale sales
operations. Add to the end of Section 5: "Retail and wholesale operations shall
coincide with the operating hours of the landfill."
(c) Section 7 of the Report shall be amended to include tub grinders.
(d) Section 10 of the Report shall be amended to delete the provision "to include cell
liners, leachate collection..." that begins on the fourth line of the section.
(e) Section 11 of the Report shall be an~ended by deleting the word "lined" fi.om the first
line.
(f) Section 12 shall be deleted in its entirety.
(g) Section 13(a) of the Report shall be amended by deleting the first sentence and
replacing it with ,the following sentence: "The foundation of all furore cells shall be
equal or superior to the foundation of the present cell."
(h) Section 13(b) of the Report shall be amended by replacing the word "liner" with
"foundation" in the 2~d and 5th line of the original Report.
(I) Section 19(a) of the Report shall be added to permit use of the tub grinder to shred
stumps, brash and land clearing debris. The tub grinder may be moved about the
property as needed for the shredding operations. The shredded material may be
stockpiled on the property for retail or wholesale use, may be moved off of the
property, or may be disposed of in the landfill. The landfill owner/operator may sell,
either wholesale or retail, any mulch material that is created on the landfill property
by the operation of the tub grinder. Retail and wholesale operations shall coincide
with the operating hours of the landfill.
0) Section 20 shall be deleted in its entirety and replaced with a new Section 20 entitled
"Cap," that shall provide that the debris landfill will be capped with two feet of
compacted soil and six inches of top soil as final cover material.
Because the aanendments to the Master Plan delete the requirements for liner and liner cap
for the expmasion of the landfill, the first sentence of Condition 3 needs to be amended. The
revised first sentence shall read as follows: "Except as stated herein, and except for the
requirements found in Section 19-126(h)(3) and Section 19-126(h)(11) of the Zoning
Ordinance, the site plan and operation shall, at a minimum, comply with the requirements
of Section 19-126(h) of the Zoning Ordinance."
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AMENDED ENGINEERING REPORT
MASTER PLAN
SEPTEMBER 12, 2000
REVISED NOVEMBER 30, 2000
3)
5)
7)
TYPE OF LANDFILL: Constxuction Demolition and Debris Landfill
(No Sanitary or Industrial Wastes)
TYPES OF WASTE AC~EPTF, D; STUMPS, BRUSH, BARK, LEA~S ~
OTHER L~ CLEARING DEBRIS. ~ FoRM OF ~USTRIAL,
DOMESTIC, AGRICULTURAL, CHEMICALS, CHEMICAL CONTAINERS,
ASBESTOS, PAPER PRODUCTION WASTES, FLYASH, SLUDGES, TIRES
AND WHITE GOODS (STOVES, WASHERS, HOT WATER HEATERS, ETC.)
OR HAZARDOUS MATERIAL* IS PROHIBITED FROM BEING DUMPED AT
THIS SITE.
OPERATING HOURS: 10 HOURS DAILY - MONDAY THROUGH FRIDAY (7:30
A.M. - 5:30 P.M.). SATURDAY - OPTIONAL PER DEMAND. RETAIL AND
WHOLESALE OPERATIONS SHALL COINCIDE WITH THE OPERATING HOURS OF
THE LANDFILL.
EOUIPMENT: 1 BULLDOZER, TUB GRINDER(S) (ADDITIONAL EQUIPMENT
SUCH AS MOTOR GRADERS, WATER TRUCKS, FRONT LOADERS AND FIRE
TRUCKS, MAY BE BROUGHT ON SITE AS REQUIRED FROM SHOOSMITH
CONSTRUCTION YARD APPROXIMATELY 1 ½ MILES AWAY).
PRE-OPERATIONAL CERTIFICATION AND INSPECTION: PRIOR TO
RECEIVING SOLID WASTE FOR DISPOSAL, THE OPERATOR WILL PROVIDE
CERTIFICATION BY A LICENSED PROFESSIONAL ENGINEER TO THE
DEPARTMENT OF WASTE MANAGEMENT THAT ALL SITE PREPARATION AND
OTHER IMPROVEMENTS INCLUDED IN THIS PERMIT HAVE BEEN
CONSTRUCTED OR INSTALLED IN ACCORDANCE WITH THE PLANS AND
SPECIFICATIONS. UPON RECEIPT OF CERTIFICATION AND NOTIFICATION, THE
DEPARTMENT WILL INSPECT THE FACILITY FOR COMPLIANCE WITH THE
PERMIT. DISPOSAL OPERATIONS WILL NOT COMMENCE UNTIL WRITTEN
APPROVAL IS RECEIVED BY THE OPERATOR FROM THE DEPARTMENT.
OPERATIONAL PLAN: IT IS PLANNED TO BUILD 2-5 ACRE OPERATING CELLS
IN THE FUTURE LANDFILL EXPANSION. THE EXISTING CELL IS UNLINED AND
WILL BE COMPLETED TO FINAL GRADE AS SHOWN ON THE ATTACHED FINAL
GRADING PLAN. WEEKLY COVER MAY BE SUPPLEMENTED BY SOIL THAT
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13)
HAS BEEN HAULED TO THE SITE FROM VARIOUS CONSTRUCTION LOCATIONS.
THE OPERATOR CONTROLS THE CELL DEVELOPMENT BY REQUIRING THAT
ALL INCOMING TRUCKS FOLLOW HIS DIRECTION CONCERNING WHERE TO
DUMP. DEBRIS IS SPREAD OUT WITH THE LOADER TO FORM A COMPACTED
UNIFORM LAYER APPROXIMATELY TEN FEET THICK. FIRE BREAKS WILL BE
CONSTRUCTED WEEKLY BY COMPACTING A ONE FOOT THICK LAYER OF SOIL
OR NON-COMBUSTIBLE MATERIAL OVER ANY COMBUSTIBLE MATERIALS.
WHEN A CELL IS COMPLETE, IT WILL BE SEALED WITH A SOIL CAP.
INTENTIONALLY DELETED.
DISPOSAL CELLS: WASTE WILL NOT BE PLACED IN LIFTS HIGHER THAN
FIFTEEN FEET (15'). THE WORK FACE OF EACH LIFT WILL BE KEPT TO A
M1NIMUM AREA AND COVERED AT SUCH TIME AS A NEW LIFT IS PLACED
INTO OPERATION. WASTE WILL ONLY BE PLACED AT DESIGNATED WORK
FACE AREAS.
WASTE CELLS: THE FOUNDATION OF ALL FUTURE CELLS SHALL BE
EQUAL OR SUPERIOR TO THE FOUNDATION OF THE PRESENT CELL.
THE PRESENT CELL, AS PREVIOUSLY APPROVED THROUGH EXISTING
PERMIT FROM DEPARTMENT OF WASTE MANAGEMENT, WILL REMAIN
UNLINED.
EVIDENCE TO CONFORMANCE: THE OPERATOR WILL SUBMIT
EVIDENCE THAT THE FOUNDATION MATERIAL DEPTH AND
PERMEABILITY CONFORMS WITH PLAN CONDITIONS PRIOR TO RECEIPT
OF ANY SOLID WASTE IN THE CELLS. THE EVIDENCE WILL BE IN THE
FOP, aM OF FIELD DATA AND AN ENGINEER CERTIFICATION THAT THE
FOUNDATION CONFORMS TO SPECIFICATIONS AND WAS PROPERLY
PLACED.
DEPTH AND HEIGHT OF OPERATION: THE ATTACHED FIGURE 1 INDICATES
A TYPICAL SECTION THROUGH THE LANDFILL. THIS INDICATES THAT ALL
CELLS WILL HAVE A M1NIMUM SEPARATION OF FIVE FEET FROM
GROUNDWATER LEVEL OR ROCK. MAX/MUM CUT EXPECTED IS BETWEEN 0'-
5'. THE FINAL HEIGHT OF THE LANDFILL IS ANTICIPATED TO BE NO MORE
THAN ELEVATION 270 FEET ABOVE MEAN SEA LEVEL (100 FEET ABOVE
EXISTING GROUND).
THE LANDFILL OWNER/OPERATOR WILL UTILIZE THE TUB GRINDER
REFERENCED IN ITEM 7 ABOVE TO SHRED STUMPS, BRUSH AND LAND
CLEARING DEBRIS. THE TUB GRINDER MAY BE MOVED ABOUT THE
PROPERTY AS NEEDED FOR SHREDDING OPERATIONS. THE SHREDDED
MATERIAL MAY BE STOCKPILED ON THE PROPERTY FOR RETAIL OR
WHOLESALE USE, MAY BE MOVED OFF OF THE PROPERTY OR MAY BE
DISPOSED OF IN THE LANDFILL. THE LANDFILL OWNER/OPERATOR
E-2
MAY SELL, EITHER WHOLESALE OR RETAIL, ANY MULCH MATERIAL
THAT IS CREATED ON THE LANDFILL PROPERTY BY THE OPERATION
OF THE TUB GRINDER. AS REFERENCED 1N SECTION 5, RETAIL AND
WHOLESALE OPERATIONS SHALL COINCIDE WITH THE opERATING
HOURS OF THE LANDFILL.
20)
CAP: THE LANDFILL WILL BE CAPPED WHEN UP TO FINAL GRADE,
WITH TWO FEET OF COMPACTED SOIL AND SIX INCHES OF TOPSOIL AS
FINAL COVER MATERIAL.
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01SN0129 (AMENDED)
AMEND C.U.
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Sheet #: 26