Consideration of the legal and policy issues related to municipal solid waste landfills or portions of landfills that are in inactive or closed status, permit revocation, permit
conditions, and public participation requirements. Consideration of the responses to staff
letters sent to facilities regarding their current status. The Commission may also consider
expanding the scope of ongoing rulemaking projects to incorporate amendments to rules
affecting inactive or closed sites, and provide guidance on needed statutory changes. This
issue was presented by Irene Montelongo, Vic Ramirez, OLS, Dale Burnett, John Forehand and Dorca Zaragoza-Stone, Waste Permits. Staff provided an update of findings on the
ongoing file review of approximately 1200 landfill sites identified as inactive or closed and
summarized actions taken, or proposed to be taken to bring the status of facilities involved to a
conclusion. Staff described responses to letters sent to permit holders who have completed
post-closure care and who filed affidavits to the public for the entire acreage at the facility
which informed them the following:
- their permit had expired
- future waste disposal/processing activity will require approval of a new permit
- facilities with unfilled acreage available, who had not requested inactive status were
provided a voluntary revocation form to elect to voluntary revoke their permit, allow
the permit to expire, or challenge the expiration of the permit
- facilities who elected inactive status were sent letters offering an opportunity to
voluntarily revoke their permit
Staff presented options explored as incentives for permit holders to bring the status of facilities
to a conclusion such as:
- imposing inactive status fees
- requiring land use hearings prior to resuming operations at an inactive facility
- requiring quarterly capacity reporting requirements
- imposing additional responsibilities such as financial assurance, methane or
groundwater monitoring
- requiring periodic public notice or sign postings
Staff discussed suggestions from stakeholder groups concerning inactive landfills status:
- allow inactive landfills to resume activities if inactive for less than one year
- if inactive for more than one year but less than five years, notify all landowners within
500 feet in writing and post signs
- if inactive for more than five years, in addition to notification and signs, follow public
notification requirements and hold public meetings
Staff was directed to continue efforts to determine status of remaining closed or inactive
landfills from permit holders who have not responded to the first letter by sending a second
letter and follow-up phone calls. This letter will outline some of incentives the agency is
considering and that failure to respond could result in an involuntary revocation of the permit.
In addition, staff was directed to return to the May 19th work session to provide an update and
definitions specific to landfill terminology. Staff will need to be able to address the process of
re-opening an inactive site and any necessary changes to the permit. Office of Compliance and
Enforcement/Field Operations will report on resource impacts necessary to conduct inspections
of the 217 facilities identified as needing a field inspection in order to exit post closure and
have their permit expire and for the 126 facilities found to require field inspections to enter post
closure.