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Cumberland County (Request for Zoning Change) Permitting Process

The request from CCDC, LLC to rezone the land for use as a landfill was received August 1, 2006

Application is submitted to Planning and Zoning Office.

Board of Supervisors refers Application to Planning Commission.  Tuesday, August 15, 2006 7:00 p.m

The Planning Commission reviews the request at their monthly meeting.

Planning Commission typically considers requests at their next regularly scheduled meeting.

The Planning Commission then sets a public hearing and/or gathers more information or sets a workshop as needed.  Regular Meeting of the Planning Commission are held the third Monday of each Month.  Monday, August 21, 2006

is the next regularly scheduled meeting of the Planning Commission

Catherine W. Kahl   

    Planner/Zoning Administrator   

   County of Cumberland, Virginia   

   PO Box 110   

   Cumberland, VA 23040   

   e:    [email protected]   

   p: 804/492.3520   

   f: 804/492.3697   

Current Rezoning / CUP Applications

The rezoning application for the proposed landfill has been submitted in three parts.  The application for the physical site of the proposed landfill consists of a rezoning request (agricultural to industrial) as well as a conditional use permit to operate a landfill (Please see CCDC LLC REZ/CUP).  The second part is an application for a conditional rezoning that will separately rezone part of the property to industrial, with conditions (Please see OLD LLC REZ).  The third part is an application for a conditional use permit to conduct borrowing activities (such as extraction, removal, or stockpiling of soil, etc…) in an agricultural zone (Please see OLD LLC CUP).

Click Link below to open the PDF document   Need a PDF reader?   Click Here  To download Foxit PDF Reader.

Area of Interest          

CCDC LLC REZ/CUP                 (application for the physical site of the proposed landfill)

See Allied Waste's new Special Waste website.

        Types of Waste Accepted include:  non-hazardous special waste.  

Generally, special waste can include, but is not limited to:

• Asbestos containing materials

• Ash from fires, furnaces, boilers, or incinerators

• Auto shredder fluff

• Chemical compounds or petroleum products – new or used

• RCRA empty containers

• Contaminated soils and USTs

• Debris and/or residue from spill cleanup work

• Demolition waste from industrial facilities

• Industrial process wastes

• Liquid sludge and/or paste type material

• Non-infectious medical waste

• Off-specification products or outdated products (i.e. food, consumer or industrial products)

• PCB waste

• Pharmaceutical wastes

• Pollution control wastes

• Resource exploration, mining and production wastes

• Sandblast grit

OLD LLC REZ         (application for a conditional rezoning to rezone part of the property to industrial)

OLD LLC CUP         (application for a conditional use permit to conduct borrowing activities)

These documents are also available at:  Cumberland County Planning and Zoning

DEQ Process          Available

Allied Responses to Planning Commission (#1)         Available

Allied Responses to Planning Commission (#2)         Available

September 6, 2006 Minutes of the Planning Commission

September 11, 2006 Minutes of the Planning Commission

September 18, 2006 Minutes of the Planning Commission

October 10, 2006 Cumberland Planning Commission votes approval:

See The Amendment to the County Code which allows borrowing/excavating on land zoned A-2 countywide

See The Resolution to Rezone Landfill FROM A-2 TO M-2 Parcels 51-A-14, 59-A-3, 59-A-4, 60-1-6, 60-1-7 and 60-1-8, containing in the aggregate approximately 556.92 acres (ammendments not included in this exhibit)

See The Resolution to Rezone part of the property to industrial  A-2 and R-2 to M-2C Tax Map Parcels 51-A-14, 51-A-16, 52-A-2, and 52-A-26, containing in the aggregate approximately 119.61 acres

See The Resolution to approve the Conditional Use Permit for Obscuity Land Development, LLC  to conduct borrowing activities on land zoned A-2 Tax Map Parcels 51-A-14 and 59-A-3, containing in the aggregate approximately 199.61 acres

October 17, 2006 Cumberland Board of Supervisors votes approval:

See Planning Commission Recommendation #06-08-02 Requested by Obscurity Land Development, LLC

See Planning Commission Recommendation #06-08-03 Requested by Obscurity Land Development, LLC

See The Resolution Granting Conditional Rezoning Application #06-08-02 Requested by Obscurity Land Development, LLC

See The Resolution Granting Conditional Rezoning Application #06-08-03 Requested by Obscurity Land Development, LLC

Tuesday, November 28, 2006

Cumberland County Development Company, LLC 

Public Meeting as required by 9 VAC 2-80-500-B.5 and 10.1-1408.1.B.4

To discuss a proposal to apply for a permit for the siting and operation of a landfill

Cumberland County Elementary School 7:00 p.m.

Contact Ted Neura, Allied Waste (803) 802-6733

Tuesday, March 6, 2006

10:a.m.-12:00 noon Luther P. Jackson Center, Cumberland, VA

Public Meeting as required by 9 VAC 2-80-500-B.5 and 10.1-1408.1.B.4

DEQ required this second meeting because the first meeting was not advertised correctly.  This meeting is your ONLY opportunity to have your comments included in the Permitting Process.

If you are unable to attend, submit your comments in writing to:  Ted Neura P.O. Box 219 Pineville, NC 28134

cc: Department of Environmental Quality P.O. Box 1105 Richmond, VA 23218

VDEQ Permit Application Process Application Process

1.  Contact the DEQ Regional Office for your location.

2.  Submit to DEQ the notice of intent to apply for a permit, accompanied by a certification from the local governing body that the proposed facility complies with all local ordinances. Also, must include a disclosure statement containing compliance histories of key personnel.

3.  Submit a siting study and a hydrologic study as required by the regulations. This is known as Part A of the application.

4.  Upon receipt of approval or conditional approval of Part A, submit the design, operational, ground water monitoring, closure and post-closure plans, which constitute Part B of the application.

5.  Submit appropriate permit application fee and, if applicable, financial assurance documents.

        Waste permit time frames

        Solid waste landfill

            * Part A

                  o Completeness review: 15 days

                  o Processing of complete application: 90 days

                  o Public comment: N/A

            * Part B

                 o Completeness review: 30 days

                 o Processing of complete application: 180 days

                 o Public comment: 90 days

Click here to view         Virginia Department of Environmental Quality Proposed Cumberland Landfill Permit Progress and other proposed landfills and landfill expansions.

Contact Dr. M. A. Karin, P.E. by telephone at (804) 698-4196 and/or by email at <[email protected]>, if you have any questions regarding the Notice of Intent and the Part A application review and processing.

View the January 11, 2007, Part A, Virginia Department of Environmental Quality letter to Allied...

The daily average and maximum disposal limits for the facility has been proposed to be 5,000 and 7,000 tons/day, respectively.  Whereas in Host Agreement, page 23, last paragraph it says,  The Company shall not dispose at the Landfill more than 2,500 tons of Waste per day… See More

Click HERE to view all Department of Environmental Quality Annual Solid Waste Reports

DEQ Solid Waste Permitting Manual

DEQ Solid Waste Permitting Manual Revisions 7-2006

An Example of Solid Waste Management Standard Operating Procedure 

WILL OUR HOST LAND FILL MEET THESE STANDARDS?

Adequate landfill capacity alone, without first-rate environmental protection, is not enough. California will never again tolerate the garbage dumps of the past. We must have state-of-the-art, environmentally safe landfills. To achieve this goal, the California Integrated Waste Management Board oversees a comprehensive regulatory system in cooperation with other responsible environmental agencies and landfill operators. This regulatory system starts with the planning and construction of a landfill, continues through its operation, and remains in effect for 30 years after closure. Before construction begins on a new or expanded landfill, the proposal must undergo a rigorous scrutiny, consisting of the following major steps:

    * Site Selection: The operator must analyze and test alternative sites to show that site geology and topography will prevent water pollution, flooding, earthquake hazards, and other adverse effects. Also, the site must be remote enough from homes, schools, airports, and other sensitive human activities so as not to cause any adverse effects.

    * Environmental Review: An environmental analysis, and in most cases a full environmental impact report, must be prepared to show how all possible adverse environmental impacts will be mitigated.

    * Engineering: A detailed engineering design must be prepared, covering every aspect of the landfill site, its construction and operation, and its environmental protection systems.

    * Land Use Approval: The local planning agency must certify that the site is in conformance with the city or county general plan, the local zoning code, and the county or regional integrated waste management plan.

    * Air Quality Permit Approval: The local or regional air quality management must certify that accurate measures will be taken by the operator to monitor and control all anticipated emissions.

    * Water Quality Control Approval: The Regional Water Quality Control Board must adopt waste discharge requirements that the operator must follow to protect surface and ground water quality.  

    * Solid Waste Facility Permit Approval: Only after all of the foregoing approvals have been obtained may this permit be issued by the solid waste local enforcement agency, with the concurrence of the California Integrated Waste Management Board. It must also be shown that the landfill can meet all state operating standards and has an approved closure plan, a post-closure maintenance and monitoring plan, and proof of financial responsibility in the event of any liability.

Public hearings are held before any of the above approvals and permits are granted. The result is today's modern, state-of-the-art landfill.

Cross Section of a modern landfill.