Commenting on CEQA Projects and Other Land Use Developments Adjacent to Active or Closed Solid Waste Facilities

Land use development projects may be proposed adjacent to a closed or active solid waste disposal site or other solid waste operation or facility. This guidance assists Local Enforcement Agencies (LEAs) wishing to comment on such a project under the California Environmental Quality Act (CEQA).

CEQA extends the ability to comment on environmental documents beyond responsible agencies to the public. Even though an LEA is not a responsible agency1, and a lead agency has no obligation to consult with the LEA on the project under CEQA, the LEA may still provide comments as an interested party.

An LEA is an agency with particular expertise in solid waste and may comment on a proposed environmental document for any land use project adjacent to a solid waste facility if it believes there are public health and safety hazards or other potential environmental effects. For example, if a housing development is being proposed adjacent to a closed disposal site with landfill gas migration issues, under CEQA the LEA is allowed to provide comments informing the lead agency of the potential hazards to the public and methods for mitigating such hazards. 

In crafting effective CEQA comment letters, the LEA will want to ensure they are factually specific and accompanied, if possible, by reports, pictures, studies, or other substantial evidence to support the comments. The LEA will want to pay close attention to and comply with public comment deadlines in notices issued by the lead agency to encourage consideration.

To assist LEAs, an initial set of example comment letters have been collected from CalRecycle and LEAs regarding proposed projects located adjacent to solid waste disposal sites. The comment letters are for informational purposes only and include site-specific information that would not apply to all projects.

Comment letters prepared by CalRecycle staff:

Comment letters prepared by LEA staff:

Questions or comments concerning land use developments adjacent to closed solid waste disposal sites may be directed to CalRecycle Closed, Illegal, and Abandoned Sites Section staff. Questions or comments concerning land use developments adjacent to active solid waste facilities may be directed to CalRecycle Permitting and Assistance Branch staff.

“Responsible agency” means a public agency that proposes to carry out or approve a project, for which a lead agency is preparing or has prepared an EIR or negative declaration. For the purposes of CEQA, the term “responsible agency” includes all public agencies other than the lead agency that have discretionary approval power over the project. 14 CCR § 15381. Unless an LEA is issuing a solid waste facility permit, it has no discretionary approval over a land use project.

For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov