Irvine is about to welcome a new neighborhood on the northern edge of the city that’s about two miles away from the Bowerman Landfill, and they’re asking new homeowners to sign away their rights to sue the dump.
Bowerman, the 13th largest dump in the country, is also preparing to ramp up operations and take in an influx of new trash as the Olinda Alpha Landfill in Brea is scheduled to close by 2026 at the latest.
That started conversations between city and county leaders on what the future of the county’s largest dump looks like in a city that’s increasingly developing housing right next door.
Those plans spilled into public view for the first time this month when Irvine residents came out to protest some of the city’s proposals for the Bowerman Landfill, specifically questioning why the city was agreeing to indemnify the landfill from any residents’ or city lawsuits.
“Why would we release our rights to challenge the Bowerman landfill when it’s being operated by the county?” said resident Michelle Johnson at the city council’s June 11 meeting. “We’re going to be the major source of solid waste in the county.”
City Manager Oliver Chi and several other senior staff then spelled out the plan.
Right now, the city is setting up a new residential development on the western side of the 241 freeway dubbed the Gateway Village, which will be built on city land being sold off to offset the costs of shutting down the controversial All American Asphalt plant.
[Read: Irvine Eyes Building Housing, Nature Preserve at Old Asphalt Factory]
But that plot of land sits just over two miles away from the Bowerman Landfill, and the city already sees over 500 trash trucks a day rolling through to get to there, according to Chi, who said residents should expect a 40% increase in traffic once the Brea landfill closes.
To get trash trucks off city streets, Chi said the county is now looking at building a new off ramp from the 241 freeway that would feed straight into the dump, keeping most of the traffic on toll roads.
It’s unclear how much the off ramp will cost, with initial estimates putting it at anywhere from $40 million to $150 million.
The off ramp will be paid for by other cities, who pay extra fees in order to access the dump, but it won’t impact Irvine residents according to Chi, who noted in an interview that the city would also be seeking grants to help with construction costs.
But residents in the Gateway Village will also be expected to sign notices acknowledging they live next to the dump and give up their rights to sue unless the landfill is found to have broken the law.
“It’s only indemnification for legal actions and legal operations,” said City Attorney Jeff Melching. “We can actually cause those homeowners to acknowledge and waive their rights to challenge legal operations on the property.”
The city has struggled with property disclosures in the past, including with residents near the All American Asphalt plant saying the disclosures didn’t tell them they were moving in near an environmental hazard.
Residents near the Great Park have also pointed out how their property disclosures didn’t show them where the city was spending their special Mello-Roos taxes for years.
[Read: Irvine’s Great Park Residents Often Times Don’t Know What Their Special Taxes Fund]
But city staff say this is an effort to learn from the mistakes of the past, and be sure that people understand what they’re signing up for.
“Because that land isn’t developed today, we have the power to not repeat that mistake,” Melching said.
Chi agreed in a Friday morning phone call, saying the disclosures would be in the largest font possible and said they weren’t giving up any real rights by signing away those suing rights.
“It’s not legal for the landfill to cause a nuisance for neighborhoods,” Chi said. “We don’t think it’s a big right that’s being given up.”
Noah Biesiada is a Voice of OC reporter and corps member with Report for America, a GroundTruth initiative. Contact him at nbiesiada@voiceofoc.org or on Twitter @NBiesiada.
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