Grand jury endorses landfill soil program

A controversial program at the Santa Maria Regional Landfill that involves accepting oil-contaminated soil is being labeled as a “win-win” by the Santa Barbara County Civil Grand Jury, but the program needs more “aggressive outreach,” the group concluded.

City officials, who have come under fire by critics of the program, say the report vindicates the city's activity.

“I think it not only vindicated the city of Santa Maria but shows what we have been saying all along that it is safe and it is legal,” said Mayor Larry Lavagnino, who has been on the City Council since the program's inception.

The nine-page report released Wednesday highlights an investigation by the grand jury into the city's use of tainted soil, officially called Non-Hazardous Hydrocarbon Impacted Soils (NHIS), as a capping layer at the landfill.

The tainted soil is used to help close areas of the landfill and help achieve a 5 percent slope on top. The slope is needed so that water will not pool and then seep through the trash, picking up household contaminates along the way, and contaminating the groundwater below.

The capping layers are carefully constructed, according to the report, and encapsulate the contaminated soil, which is then stringently monitored.

By accepting the soil, which is trucked in by various oil companies, the city collects a fee from those companies that is shared with a private contractor who coordinates the delivery of the soil.

Since the program began in 2002 the city has collected $16 million, which has been used to pay for public safety costs, officials said.

City Manager Tim Ness noted that the program is one of several ways that staff members have found to follow the council directive to produce revenue and income without resorting to taxes.

According to the grand jury report there are a number of steps to ensure that material entering the landfill meets the facility's permitted thresholds. Additionally, the grand jury notes that trucks bringing the material are also carefully monitored.

“The grand jury was impressed with the knowledge and training of those in charge of monitoring the NHIS and landfill,” the group wrote in the report. “They clearly are concerned about environmental impacts and public safety and are taking that concern into consideration for their plans at the landfill.”

In their investigation the grand jury looked at the possibility of using clean dirt from the Santa Maria River as fill material for the capping layers, but the group concluded that river dirt would be impractical. This is because mining the river is heavily regulated and it would take 25 years to gather the dirt needed, according to the report.

City officials plan to close the East Main Street regional landfill by 2014.

Using revenue generated at the landfill to cover public safety costs is appropriate, the grand jury said.

“The grand jury has concluded that the financial benefits of the NHIS program are significant and directly benefit the citizens of Santa Maria,” according to the report.

Though the report spoke favorably about the program, the grand jury made one finding and recommendation. The group would like to see the city conduct more aggressive outreach to educate the public about the program since past environmental disasters in the county have tainted the public perception.

The civil grand jury investigates various aspects of local government, and is meant to act as a watchdog but it holds no enforcement power. The group is made up of 19 county residents, and its investigations are often responses to community complaints.

For more information on the NHIS program, see the city's Web site at www.ci.santa-maria.

ca.us. To read the entire grand jury report, go to www.sbcgj.org and click on 2007-2008 reports.

Malia Spencer can be reached at 739-2219 or mspencer@santamariatimes.com.

March 27, 2008