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2020-12-16 CCL Request for Official Notice of EIR Excerpt and Appendices

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2020-12-16 CCL Request for Official Notice of EIR Excerpt and Appendices Jacob P. Duginski 456 Montgomery Street | Suite 1800 San Francisco, CA 94104-1251 +1.415.262.4018 (Office) [email protected] December 16, 2020 Via E-Mail Clerk of the Boards South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 [email protected] Re: Request to Take Official Notice in SCAQMD v. Chiquita Canyon, LLC (No. 6177-1) Dear Madam Chair and Members of the Board: Respondent Chiquita Canyon, LLC (“Chiquita”) writes to request that the Hearing Board take official notice of the attached Environmental Impact Report (“EIR”) excerpt and two of its appendices. Public testimony at the hearing and the inquiries of some of the Hearing Board members raised questions about the potential health impacts of the operation of the Chiquita Canyon Landfill, as well as any potential impacts on housing values. Chiquita submits the attached EIR and appendices to assist in the Hearing Board’s evaluation of this matter. The EIR (Attachment 1) was prepared to satisfy Los Angeles County’s obligations under the California Environmental Quality Act to consider the potential environmental impacts of a project subject to its discretionary approval. Los Angeles County adopted the attached EIR when approving Chiquita’s most recent Conditional Use Permit (“CUP”) renewal on July 25, 2017. The EIR evaluated Chiquita’s proposed project, which was much larger than what was approved. Chiquita would like to specifically draw the Hearing Board’s attention to three assessments contained within the EIR. A Health Risk Assessment (“HRA”) was conducted to evaluate any potential increase in cancer risk in the surrounding community from continued operation of the Chiquita Canyon Landfill. That analysis concluded that predicted cancer risks would be less than significant, specifically: Cancer burden is defined as the estimated increase in the occurrence of cancer cases in a population resulting from exposure to carcinogenic air contaminants. Based on the cancer risk estimated using the 2015 OEHHA Guidance, the cancer burden was predicted to be 0.01 excess cancer cases, which is below the SCAQMD threshold of 0.5 excess cancer cases. Based on the cancer risk estimated using the 2003 OEHHA Guidance, the cancer burden was predicted to Austin, TX Baltimore, MD Boston, MA New York, NY San Francisco, CA Seattle, WA Washington, DC Clerk of the Boards SCAQMD December 16, 2020 Page 2 be 0.004, which is also below the SCAQMD threshold of 0.5 excess cancer cases. The HRA conducted to evaluate exposure of sensitive receptors to pollutant concentrations demonstrates that the predicted impacts would be less than significant.” (Attachment 1, EIR at p. 11-38.) An overall public health evaluation as it related to continued operation of the Chiquita Canyon Landfill is contained at Appendix M within the EIR (Attachment 2). That analysis included several salient conclusions: o The prevalence of asthma in communities around [Chiquita Canyon] falls within the range observed for [Service Planning Areas] designated by the [Los Angeles Department of Public Health]. Asthma prevalence in SPA 2 (where [Chiquita Canyon] is located) is indistinguishable from the asthma prevalence elsewhere in Los Angeles County. (Attachment 2, Appendix M at p. 7.) o The cancer mortality rates for selected cancers examined (lung cancer and leukemia) in SPA 2 are not distinguishable from mortalities estimated for Los Angeles County. (Attachment 2, Appendix M at p. 7.) o [Volatile organic compounds] most frequently associated with emissions from a landfill were assessed as part of the health risk assessment. Detection of odors is not considered a reliable surrogate for VOC exposures, but is considered an indicator of potential landfill gas migration. Hydrogen sulfide and other landfill gas emissions are minimized and controlled at landfills through proper operating and maintenance practices. (Attachment 2, Appendix M at p. 7.) An analysis was also conducted to determine whether property values in Val Verde were impacted by the properties’ proximity to the Chiquita Canyon Landfill. That analysis conclude that “there is no basis to conclude that the Landfill has impacted surrounding area home price appreciation.” (Attachment 3, Appendix L at p. 2.) Hearing Board Rule 9(e)(1) allows for the Board to take official notice of any document that may be accepted for judicial notice by a State of California court. The California Evidence Code allows the courts of California to take judicial notice of the records of Counties within the state. (Evid. Code § 452(c).) The EIR and its appendices were adopted by Los Angeles County in approving Chiquita’s 2017 CUP, and therefore are subject to judicial notice, and may be officially noticed by this Hearing Board. A copy of the County’s adoption of the EIR is also provided as Attachment 4 (see p. 16, Conclusion 1, certifying the EIR (excerpt)). Austin, TX Baltimore, MD Boston, MA New York, NY San Francisco, CA Seattle, WA Washington, DC Clerk of the Boards SCAQMD December 16, 2020 Page 3 Sincerely, Jacob P. Duginski Attorney for Chiquita Canyon, LLC Enclosure: Attachment 1 (Excerpt of Chiquita Canyon Landfill Master Plan Revision Final Environmental Impact Report, Vol. 1) Attachment 2 (Appendix M – Public Health Evaluation) Attachment 3 (Appendix L – CCL Housing Price Impact Study) Attachment 4 (Excerpt of July 25, 2017 Approval of Conditional Use Permit and Adoption of EIR) cc: Kathryn Roberts, Esq. (Deputy District Counsel II) via email to [email protected] Mary Reichert, Esq. (Senior Deputy District Counsel) via email to [email protected] Austin, TX Baltimore, MD Boston, MA New York, NY San Francisco, CA Seattle, WA Washington, DC Attachment 1 (February 2017 Final EIR) FINAL Chiquita Canyon Landfill Master Plan Revision Final Environmental Impact Report Project No. R2004-00559-(5) SCH No. 2005081071 Lead Agency: County of Los Angeles, Department of Regional Planning Project Proponent: Chiquita Canyon Landfill February 2017 CH2M HILL, Inc. 6 Hutton Centre Drive Suite 700 Santa Ana, California 92707 Reader’s Guide to the Final Environmental Impact Report Purpose In accordance with Section 15089 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency shall prepare a Final Environmental Impact Report (EIR) before approving a project. This Final EIR for the Chiquita Canyon Landfill (CCL) Master Plan Revision (Proposed Project) has been prepared in accordance with Section 15132 of the state CEQA Guidelines. As required by that section, this Final EIR consists of the following: The complete Draft EIR (comprising the July 10, 2014, Original Draft EIR; and superseding chapters, appendixes, and supplemental information included in the November 9, 2016, Partially Recirculated Draft EIR) A Mitigation Monitoring and Reporting Program (MMRP) Responses to significant environmental points received during the public comment periods for the Original Draft EIR and Partially Recirculated Draft EIR Comments received and a transcript of the oral testimonies regarding the Proposed Project and/or Draft EIR Environmental Review Process As defined in Section 15050 of the state CEQA Guidelines, Los Angeles County is the lead agency under CEQA, with the Los Angeles County Department of Regional Planning (LADRP) acting as the lead department of the lead agency for the Proposed Project. LADRP has independently evaluated, directed, and supervised the preparation of this document, in coordination with other County departments. LADRP determined that preparation of an EIR was required for the Proposed Project after conducting preliminary review and preparing an Initial Study, dated November 22, 2011, in accordance with Sections 15060 and 15063 of the state CEQA Guidelines. In accordance with Section 15082 of the state CEQA Guidelines, a Notice of Preparation (NOP) was issued on November 21, 2011, to the State Clearinghouse, various public agencies, and other interested parties for the required 30-day review and comment period. Additionally, a Scoping Meeting was held on December 6, 2011, at the Val Verde Community Regional Park Facility, located at 30300 West Arlington Street, Val Verde, California 91384, to facilitate the public review and comment period. All NOP comments relating to the EIR were received, and the issues raised in those comments were considered in preparation of the Draft EIR. The NOP, including the Initial Study, the NOP comments received by LADRP, and the Scoping Meeting comments are contained in Appendix A of the Original Draft EIR. A Draft EIR (Original Draft EIR) was prepared and distributed directly to agencies, organizations, and interested groups and persons for an extended comment period (105 days), from July 10, 2014, to October 23, 2014, in accordance with Section 15087 of the state CEQA Guidelines. During that review period, a public hearing was held by the LADRP Hearing Examiner on July 31, 2014, at the Castaic Sports Complex – Gymnasium, located at 31320 North Castaic Road, Castaic, California 91384, and public testimony was taken. A Partially Recirculated Draft EIR was prepared in accordance with Section 15088.5 of the state CEQA Guidelines. Specifically, LADRP determined that new or clarified information required recirculation of certain chapters of the Original Draft EIR for the Proposed Project. This Partially Recirculated Draft EIR was distributed directly to agencies, organizations, and interested EN1129161114SCO III READER’S GUIDE TO THE FINAL ENVIRONMENTAL IMPACT REPORT groups and persons for comment during
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