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Eric: I live in California and our rules are more stringent. I am not familiar with the exact procedure, but regarding your specific question to diversion. One way that diversion is addressed in our state is through the California Environmental Quality Act (CEQA) which requuires an environmental impact analysis of the entire expansion project. The impact analysis compares the project against the existing conditions and then requires wherever there is potential for significant environmental impact for the applicant to mitigate the impacts or if they can not be mitigated get a finding of over-riding consideration for public benifit. Diversion requirements may be part of the required mitigations of the expansion project if there is public oversight to get such requirements included. Additionally in California we have AB 939 which requires all counties and cities to meet the 50% diversion goal. And then the landfill permit is linked to 939 by a statuate that says: Statute: A new or expanding solid waste facility is required to be in compliance with Public Resources Code (PRC) Section 50001 which states that the site identification must be described in the Nondisposal Facility Element (NDFE) or the Siting Element (SE) of the County Integrated Waste Management Plan (CIWMP).The LEA must verify this information before the permit application can be accepted as complete and correct. And that Landfills: If the permit is for a landfill, the Board must make a finding that the "proposed permit is consistent with the approved (or amended) Countywide Siting Element and therefore is consistent with the County Integrated Waste Management Plan" (September 2000 Board Decision). . Hope this is somewhat informative- Others in California may want to comment or correct me if they think there is more to it then this. Outside of California there may be the possibility of calling on NEPA to help mitigate and require diversion programs. Toni Stein Menlo Park, CA ----- Original Message ----- From: "eric.vozick" <eric.vozick@no.address> To: "Green Yes Listsrv" <greenyes@no.address> Sent: Friday, April 09, 2004 11:18 AM Subject: [greenyes] landfill expansion > > Hello- > > I am researching state requirements for expanding landfills. It appears > that most states mimic the language set forth by the Resource > Conservation and Recovery Act. Are there any states that have gone > beyond this? For example, have any states required that landfill > diversion methods be investigated before a landfill is expanded, > regardless of whether or not that expansion will meet minimum health and > environmental guidelines? Does anyone know of a possible resource that > may contain this information? > > Matthew Mader > Eco-Cycle > |
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