Long list of permits still needed for Gregory Canyon landfill

By GARY WARTH gwarth@nctimes.com |

Since it was proposed almost 20 years ago, at least one thing has remained constant about the planned Gregory Canyon landfill.

It's always about two years away from opening.

Lawsuits and other delays repeatedly have pushed back the opening of the landfill, planned near Pala on 308 acres of an undeveloped, 1,770-acre parcel south of Highway 76 and about three miles east of Interstate 15.

But with developer Gregory Canyon Ltd. receiving a solid-waste permit in July to operate the landfill and major permit applications already being processed, the landfill could be closer to reality than at any time in its history.

"I would say the light is at the end of the tunnel, and it's not a train coming at us," Gregory Canyon spokeswoman Nancy Chase said Thursday. "We're definitely in the final stages, having great support from various agencies."

Chase said permits from the Regional Water Quality Control Board and the county Air Pollution Control District could be issued by the end of the year, and a permit from the U.S. Army Corps of Engineers could be issued by mid-2012.

"We plan to be under construction by the end of 2012 or the third quarter," Chase said. "The end of '12 is definitely the goal, and a realistic one."

That may sound familiar to anyone who has followed the progress of the landfill since its site was identified in a 1994 ballot proposition that allows for its construction.

A 1996 North County Times article quoted Nancy Chase's husband, Richard Chase, who was the project manager for Gregory Canyon before his death two years ago, as saying the landfill could open in 1998. Two years later, he predicted the landfill would open in 2000. More recently, a 2008 North County Times article said construction could begin in mid-2009.

The latest prediction that permits could be issued by the end of next year is not unrealistic, according to authorities at some of the agencies involved in the process. But there still is much paperwork to fill out before a shovel hits the ground, with a full 19 permits or approvals identified as needed from the county, the state and the federal government. Some permits also require environmental studies to determine how the landfill would affect water, air and ground.

Even if all permits are issued without delay, the project still has challenges beyond bureaucratic approvals.

The Natural Resources Defense Council, Sierra Club, RiverWatch and the Pala Band of Mission Indians have sued the county Department of Environmental Health for issuing the solid-waste permit, and state Sen. Juan Vargas has introduced Senate Bill 833, which would prohibit a landfill from being built in Gregory Canyon.

The bill was passed by the state Senate earlier this year, and on Wednesday was scheduled by the Assembly Appropriations Committee for a hearing Aug. 25.

If passed by the committee, the bill would go to the Assembly floor for a vote. If approved, it would move to the governor's desk for final approval.

As for approvals needed from agencies, the developer has applied to the San Diego Air Pollution Control District for a permit that addresses how the landfill will affect air quality. County senior engineer Steve Moore said the permit is needed because landfills create air pollution through emissions of methane, carbon dioxide and other gases.

"We want to be sure they're going to abide by the rules and regulations, and we're working quite hard on it right now," Moore said recently. "We still have some issues we're working on. I would say there are some significant issues, but we are working with them and discussing terms of the permit right now."

While Chase said she expects the permit to be issued by the end of the year, Moore was less specific and predicted it could take "a year or less" to complete the process, which includes a 30-day public comment period once a draft permit is released.

If the landfill is built, the operator would have to apply for a federal permit regarding emissions 12 months after it opens, he said.

Numerous permits

The U.S. Army Corps of Engineers requires the developer to qualify for a permit that addresses disturbances to "waters of the U.S." As explained by Bill Miller, senior project manager with the corps' regulatory division, a water of the U.S. is any water, including ephemeral streams that flow only when it's raining that have a connection to a traditionally navigable body of water.

The applicant needs a Section 404 permit, which refers to the section of the Clean Water Act that regulates the depositing of dredged or fill material into a water of the U.S.

Miller said the permit will require an environmental impact statement, which will be conducted in the summer of 2012. A draft version of the study will be released for a 45-day public review before a final version is completed and presented to the agency to decide whether to issue the permit, he said.

The developer also needs a permit that deals with how to mitigate the project's effects on the water. That permit is addressed in section 401 of the Clean Water Act and is issued by the Regional Water Quality Control Board.

Jimmy Smith, assistant executive officer with the Regional Water Quality Control Board, said the agency is working with the applicant on how to mitigate the water quality impacts from the project.

The agency also is responsible for issuing a Waste Discharge Requirement permit, which is required for projects that discharge waste that could affect water quality. The agency first will have to prepare a draft of the permit for a 45-day public review, he said.

If everything goes smoothly, Smith said, the permits could be issued as soon as February.

"Our calendar is pretty booked now to the end of the year, so I don't anticipate this coming before our board until early next year," he said.

The developer also needs a National Pollution Discharge Elimination System permit from the state Water Resources Control Board, a U.S. Fish and Wildlife Services permit that addresses the Endangered Species Act, a state Water Resources Board permit that addresses water appropriation, a California Department of Transportation permit to encroach on Highway 76, and a state Historic Preservation Office permit regarding cultural resources.

The county Public Works Department is responsible for permits for bridge and waterway alterations. The county Department of Planning and Land Use is responsible for building and grading permits and for a permit to address habitat loss. The developer also would need approval from the Public Utilities Commission to relocate easements and towers.

Opponents of the landfill say it is not needed and is in an inappropriate location; supporters say it is needed to meet the needs of the growing region.

With no landfill in North County, most trash is hauled to the Miramar, Otay or Sycamore landfills, said Gig Conaughton, public information officer for San Diego County. About 5 percent of the county's waste is taken to a landfill in Orange County, he said.


Call staff writer Gary Warth at 760-740-5410.