The land use permit (LUP) review itself has no impact to the County General Fund. Keller Canyon Landfill Company, the landfill operator, is responsible for providing reimbursement for the County's staff costs associated with the permit review process.

The land use permit (LUP) for the Keller Canyon Landfill (KCL) requires periodic review, or "permit review", of the KCL to assess compliance with conditions of approval (COA) and determine if new or modified conditions should be considered. This report describes the results of the third such permit review. As part of this review, eight public hearings were held before the County Planning Commission (CPC) from October 2017 through May 2019. The initial hearing was held on October 25, 2017, and the last CPC hearing was held on May 22, 2019. Over the 18-month permit review process, residents living in the adjacent neighborhood brought up various issues associated with the landfill, including odor, dust, noise, visual impacts, seagulls (bird control), and litter complaints. The landfill operator worked diligently to address the issues through the CPC’s direction. A detailed summary of the CPC’s review of the LUP is found in Exhibit A. Staff reports to the CPC (Exhibits B-I) were prepared in accordance with LUP condition 11.1 and the Permit Review Criteria (Exhibit J), approved by the Board in 1995. The CPC recommended the Board NOT pursue modifications to the conditions of approval. The CPC voted to recommend that the Board of Supervisors accept the Permit Review Reports (Exhibits B - I) and direct DCD staff to schedule the next permit review in three years. The CPC also recommended staff bring this permit review to the Board following the conclusion of the separate investigation managed by Contra Costa Health Services into allegations that unauthorized waste from the former Hunters Point Naval Shipyard was disposed of at KCL. A report on the outcomes of that investigation were presented to the Board in December 2020, clearing the way for this permit review to proceed.  
  
RECOMMENDATION 3 of this staff report, would direct staff to return to the CPC in one year to conduct a hearing to review KCL operations relative to the COAs. That hearing would not constitute a formal permit review pursuant to LUP condition 11.1 and would not be subject to the 1995 Board-approved Permit Review Criteria. However, any concerns or non-compliance issues raised could still be readily addressed within the County’s existing authority to enforce the LUP and Franchise Agreement.

If the Board does not accept the report on the third KCL land use permit review, the existing conditions of approval would still remain in effect and continue to govern the use of the landfill site.

Written commentary was received from Laura Wright, Environmental Affairs Manager, City of Pittsburg (attached).