Date: April 3, 2023
Notice to Prospective Buyers of the
Fillmore Equestrian Center and adjacent property
Information on the Property and its Current Conditions
Please be advised that portions of the property known as the Fillmore Equestrian Center, located at 308 Chambersburg Road, in the City of Fillmore, is a former burn dump and as such is a Solid Waste Disposal Site (“Disposal Site”) which is regulated by the Ventura County Environmental Health Division - Solid Waste Local Enforcement Agency (“LEA”). The entire property totals 37.94 acres, 18.5 of which are being used pursuant to a lease for the equestrian center.
Landowners of solid waste disposal sites, such as the Disposal Site, are required to maintain their property in compliance with certain Solid Waste State Minimum Standards, which are designed to assure that the landfilled solid waste does not pose a threat to public health, safety, and/or the environment. Moreover, any proposed prospective land use on the Disposal Site portion of the property requires the submission by the landowner to the LEA and certain other regulatory agencies of a Postclosure Land Use (“PCLU”) Plan, for review and approval prior to the commencement of construction of any such land use. This is to assure that the proposed land use is appropriate considering the conditions at the Disposal Site.
The Disposal Site is currently undergoing site remediation for violations of Title 27, California Code of Regulations (“27 CCR”) Section 21180, Postclosure Maintenance and the Public Resource Code (“PRC”). A Fillmore Equestrian Center Grading and Stall Work Plan for site remediation involving large scale grading, deposition of landfill cover and surface water flow improvement was accepted by the LEA on July 23, 2021. The projected timeline for completion of the site remediation is two to four years.
Postclosure Land Use Process
For any PCLUs for the Disposal Site portion of the property, please be advised that there are additional requirements which include, but are not limited to, the following:
1. Proposals for postclosure land use (“PCLU”), other than non-irrigated, non-public access, should be filed with the Ventura County Environmental Health Division, the Local Enforcement Agency (“LEA”); California Regional Water Quality Control Boards (“RWQCB”); and Ventura County Air Pollution Control District (“APCD”) per 27 CCR § 21190, for their review and approval prior to commencing any construction or pre-construction activities for such PCLU.
2. A PCLU plan should be prepared and submitted to the LEA and regulatory agencies listed above in Section 1 hereto to describe the proposed site modifications and demonstrate that the post-closure use of the land meets the requirements of 27 CCR § 21190. The PCLU Plan should be prepared to describe the following:
a. Please refer to Exhibit A, Components of PCLU Plan, hereto for more detailed information on the components required for the preparation and submission of the PCLU Plan.
Generally, in addition to a description of the proposed land use, the three basic elements of the PCLU Plan are as follows:
i. Historical Study and Field Investigation: Landfill investigation data (extents and
characteristics) should provide the basis for the design of the post closure land-use
development. Investigation data should include the horizontal and vertical limits of waste over the entire footprint of the waste (including but not limited to the area of construction), a volume estimate and waste characteristics, and gas migration/emissions assessments. This data can be used to estimate clean-closure or consolidation and capping options. The use of historical aerial photographs, U.S.G.S. Topographic Maps, historical site topographic maps and imaging over lay capabilities, e.g., ArcGIS, Google Earth (to locate existing site features) are valuable resources in conducting extents investigations at former landfills;
ii. Waste excavation and management plan: To the extent the investigation demonstrates the need for waste removal at or near the proposed land use, then a waste excavation management plan should be included detailing the process for the excavation, testing and disposition of wastes to an approved off-site disposal facility; and
iii. Maintenance and Monitoring Plan: As there are long-term maintenance and monitoring responsibilities associated with ownership of a disposal site, which are often intensified upon the construction of a land use, the plan should also address the manner in which this will be accomplished, as well as the mechanisms to be employed to assure perpetual funding for these responsibilities.
b. Construction on the site should maintain the integrity of the final cover, drainage/erosion, and gas control systems; and
c. Owner/operator shall demonstrate to the LEA that the activities will not pose a threat to public health and safety: (I) prevent public contact with waste; and (II) prevent public exposure to landfill gases (LFG).
3. Approval of the proposed PCLU Plan by the LEA will include the review of the submitted plan and supporting documentation to demonstrate compliance with 27 CCR § 21190. However, additional information might be needed (field data/site assessment) to ensure compliance of the site and its adequacy for the proposed land use, namely:
a. Adequate final cover;
b. Proper drainage and erosion control;
c. Soil characterization; and/or
d. Gas migration/emissions assessments.
4. Planning for landfill reuse: While this Disposal Site might provide an unique opportunity to restore former aesthetic qualities to the area and satisfy the space needs of the community, proper planning is essential to make the maintenance of the site cost effective. Some of the long term maintenance requirements that may arise and should be considered during planning are as follows:
a. Landfill settlement issues will degrade cover and drainage (placement of fill and even light structures will accelerate differential settlement);
b. Gas migration, if present will have to be controlled;
c. Ponding, drainage and erosion controls;
d. Runoff management (onsite storm water control); and
e. Other site monitoring activities.
The regulatory requirements for landowners of solid waste disposal sites are complex. You are advised to consult with the LEA directly prior to making any determination as to the purchase of this property. The LEA contact for this Disposal Site is Gina Libby, REHS, who may be reached at firstname.lastname@example.org or (805) 654-2859.
Components of the PCLU Plan
As required by LEA, the PCLU plan should include the following information in a formal report to demonstrate that the post-closure use of the land meets the requirements of 27 CCR, § 21190 such that landfill gases, wastes, disturbance of the final cover, liner or other components of the containment system will not increase the potential threat to public health and safety and the environment. The plan shall comply with any other local, state and federal laws, regulations and ordinances.
The required components of the PCLU Plan are as follows:
1.0 Site Description
1.1 A general description of the local geology and hydrogeology of the landfill area
1.2 Groundwater information (depths, and if possible, water quality)
1.3 Landfill description:
1.3.1 Dates of operations
1.3.2 Types of wastes accepted
1.3.3 Estimated volume of waste in place
1.3.4 Size of fill area (show dimensions on a map)
1.3.5 Existing surrounding structures and land use (show in a map)
1.4 Description of the cover:
1.4.1 Description of the cover material
1.4.2 Sources of material
1.4.3 Thickness of cover and grades if available
1.4.4 If available, QA/QC plan for cover placement and compaction tests
1.5 Landfill Gas Monitoring and Control:
1.5.1 Gas monitoring and controls systems (description/as-built drawings)
1.5.2 Gas monitoring data (at least one-year worth of gas data)
1.5.3 Assessment of the potential exposure of the proposed building to gas migration
2.0 Proposed Land Use
2.1 Provide a narrative that thoroughly describes the proposed use of the different areas of the former landfill. The narrative should discuss, at a minimum, the following:
2.1.1 Description and location of all areas to be accessed/used by the public (depict on a map)
2.1.2 Any other areas and their proposed use (depict on a map)
2.1.3 Storage facilities required and location (if applicable)
2.1.4 Utilities required (if applicable)
2.1.5 Source and amount of irrigation (if applicable)
2.1.6 Access roads, trails and paths
2.1.7 Any other information pertinent to the project to completely describe all aspects of the intended land use that will affect/change the facility from its current condition.
3.0 Post-Closure Maintenance Plan
3.1 Description of the proposed maintenance plan to control and correct onsite deficiencies due to settlement, ponding, gas control, erosion, etc.:
3.1.1 Monitoring and inspection frequency of the new PCLU area
3.1.2 Cover integrity and erosion control measures
3.1.3 Drainage and erosions control measures
3.1.4 Designs/measures to address and prevent gas migration into
buildings (27 CCR, §§ 21190 and 20931)
3.1.5 Additional negative impacts caused by the PCLU
3.1.6 Equipment required for maintenance of site
3.1.7 How deficiencies will be reported to the LEA and immediately corrected
Note: The construction of structural improvements over or within 1,000 feet of a landfill will require the approval of the LEA and shall be designed in accordance with special provisions of § 21190. Approval must be obtained before beginning any structural improvements including but not limited to buildings, parking lots, communication towers, etc.