Still no AQMD decision on changes to Rainbow waste facility

Officials with the South Coast Air Quality Management District continued to vet proposed changes to Rainbow Environmental Services’ Huntington Beach operations in another lengthy public hearing Tuesday, delaying for a third time a decision on whether to approve the changes.

After a five-member hearing board had its third meeting on the topic since Nov. 7, it continued it to 8:30 a.m. Wednesday, again at the regional air quality regulator’s headquarters in Diamond Bar.

Panel chairman Edward Camarena said at the beginning of Tuesday’s hearing that the process would not be concluded that afternoon because of the number of witnesses yet to be called, the number of public speakers expected and the increasing amount of evidence being submitted to the panel. Additionally, the room where the hearing was held needed to be vacated by 3 p.m. to enable the Diamond Bar City Council to meet.

“This board has to review the material as it comes in, and that takes time,” Camarena said.

The hearing board is tasked with deciding whether stricter regulations should be imposed on Rainbow regarding odors and dust emanating from the facility on Nichols Lane near Warner Avenue in the Oak View neighborhood. AQMD has issued 13 notices of violation to the business since 2013.

The proposed changes were a collaborative effort between Rainbow and AQMD staff. The hearing board is to determine whether the changes are justified.

Thomas Bruen, an attorney representing Rainbow, suggested a new condition to address the nuisance issues. He said Rainbow could reduce the total amount of waste it receives daily from 2,800 tons to 2,300 tons during the time the facility is building proposed enclosures. Rainbow also would limit solid waste to 1,300 tons per day and not accept construction and demolition debris, except as required by a franchise agreement between the business and a public agency.

Currently it is permitted to receive up to 4,000 tons of waste per day.

Rainbow General Manager Jerry Moffatt said he is unsure whether limiting the daily tonnage would trigger a review process with the Orange County Health Care Agency, which oversees the operating permits of waste facilities in Orange County and acts as the local enforcement agency on behalf of the state Department of Resources Recycling and Recovery.

“That causes me some concern as to whether or not the timing of this proposal is appropriate if there may be a necessary approval,” said Karin Manwaring, senior deputy district counsel for AQMD.

Manwaring said Tuesday that Rainbow has tentatively agreed to pay $130,000 in fines and that if doesn’t build the enclosures by Dec. 1, 2017, it would be subjected to an additional $250,000 fine.

Tuesday’s five-hour meeting was a continuation of six-hour hearings last week and Nov. 7.

On Nov. 12, Manwaring told the board that the parties had agreed to new conditions intended to address asbestos being dumped at the trash facility.

Dumping the potentially hazardous mineral fiber at Rainbow is illegal. However, Min Sue, an AQMD inspector assigned to monitor Rainbow, said Nov. 7 that he saw a pile of asbestos a few years ago.

The new conditions would require Rainbow to implement monitoring devices around the facility to detect the presence of asbestos for at least three months. If no asbestos is detected, Rainbow could monitor the area less frequently, if AQMD approves. If asbestos is detected, Rainbow would not be allowed to receive construction and demolition debris until the asbestos is properly removed.

Asbestos monitoring would continue until the area where construction and demolition debris is handled is placed in a proposed partial enclosure that would have no more than a 15% opening. Oak View residents have asked that it be fully enclosed.

Additionally, Rainbow would be required to monitor vehicles unloading material at the construction and demolition debris area to prevent unauthorized materials, including asbestos, from entering the facility.

Ronald Krall, president of the Los Angeles area for Republic Services, which owns Rainbow, said he was concerned about the proposed conditions regarding asbestos monitoring. He said Rainbow shouldn’t be held at fault for those who illegally take the material into the facility.

Proposed changes targeting odors and dust include fully enclosing the areas where Rainbow collects and sorts solid waste, recyclables and green waste.

Rainbow has agreed to build the enclosures, estimated to cost $10 million, by December 2017. However, Ken Thomson, a general contractor whom Rainbow has hired to work on the project, said construction could be completed six to eight months before that if permits and construction go smoothly.

Thomson, president of Anaheim-based Facility Builders & Erectors, said the project would need to be built in phases to provide a safe environment for construction workers and Rainbow employees.

“Every incremental step that we make on that building is going to go toward improving the quality of air that we’re talking about,” he said.

Under other proposed changes, Rainbow would be required to install a misting system to address dust and odors and would be barred from crushing concrete at the facility.

It also could not receive loads of trash from supermarkets that contain animal trimmings that are particularly odorous.