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Strategies for LEA Success: Navigating Odor Complaints and Compliance at a San Diego Composting Facility

This case study explores how a Local Enforcement Agency (LEA) effectively managed a problematic composting facility in San Diego. By negotiating terms and conditions on an Environmental Assessment (EA) notification and engaging community citizens, the LEA was able to minimize odor complaints and circumvent a hearing panel. The history of the site, the challenges faced, and the strategic implementation of an Environmental Management System (EMS) highlight the importance of innovative enforcement solutions tailored to address local concerns while ensuring compliance with regulatory standards.

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Strategies for LEA Success: Navigating Odor Complaints and Compliance at a San Diego Composting Facility

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  1. Using the Tools You’re Given How one LEA Dodged the Hearing Panel, Placed “Conditions” on an EA Notification and “Minimized” Odors with the “Aid” of Angry Citizens at a Problematic Composting Facility City of San Diego LEA

  2. Brief History • 1970s-Commercial Nursery • 1980s-Adjunct Composting Operation began • 1999-Notice & Order (Cease & Desist) • 2000-Registration Permit issued • 2001-Notice & Order (Terms & Conditions) • 2003-Compliance • 2003-Notice & Order (Terms & Conditions & Cease and Desist) • 2004-Lawsuit/Settlement Agreement/EMS Plan • 2005-5-Yr. Permit Review/EA Notification • Current Status-Compliance

  3. Exceedances

  4. Aerial Photo

  5. Odor Complaints Received by LEA by Fiscal Year

  6. 2003-Notice & Order

  7. Appeal to Hearing Panel • Operator had no real desire to appear before Hearing Panel • Preservation of client’s rights • Began negotiations for Settlement Agreement • Environmental Management System EMS

  8. Lawsuit

  9. Settlement Agreement • Avoided Hearing Panel Appeal • Facilitated out-of-court Settlement of Lawsuit • Required Environmental Management System (EMS) Plan to be prepared by a qualified consultant • Placed “Terms and Conditions” on the Registration Tier Permit

  10. EMS Plan Features • Identified 7 Critical Control Points • Meteorological Monitoring-Weather Station • Diversion Strategies • Placement of Story Poles

  11. Story Poles

  12. Odor/Dust Minimization

  13. Five Year Permit Review • LEA Directive: • Change of tier to EA Notification • Update OIMP

  14. EA Notification • Limit volume to 10,000 cubic yard • Notification of Development Services Department • Renewed CUP enforcement • Settlement with Code Compliance

  15. Odor Complaints Received by LEA by Fiscal Year

  16. Conclusion Thinking outside the enforcement box Tiered permits limit LEA’s abilities to address local concerns Create enforcement options based on unique circumstances

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