Group applauds closure of Stanislaus County garbage incinerator but asks: Why the secrecy?

Stanislaus County leaders received a staff update Tuesday on the upcoming closure of California's last remaining garbage incinerator and also heard complaints about a lack of transparency in the past 10 months.

County officials kept things close to the vest after Covanta Energy, now Reworld, informed the county in December 2023 that the Crows Landing plant may close due to severe financial troubles.

Advocates for recycling and clean air tried to attend solid waste task force meetings related to the threatened closure, but found meetings were canceled for lack of quorum. For some reason, the leading solid waste issue for Stanislaus County and Modesto was not on committee meeting agendas.

With the release of reports and documents in Tuesday's Board of Supervisors agenda, it was revealed that the county and its nine cities formed an "evaluation committee" to decide if a study was needed to evaluate the continued operation of the garbage burner.

According to the study by HDR Inc., the evaluation committee met each month to provide guidance and perspective because the cities have used the garbage incinerator.

Bianca Lopez, president of Valley Improvement Projects, an environmental group, told supervisors that forming the new committee, or "working group," appeared to be a ploy to get around the Brown Act, the state's public meeting law. Lopez said she will look into whether a Brown Act violation occurred.

She added that the county Department of Environmental Resources did not release the HDR report earlier to the group on the grounds it was in draft form. The study, titled "Facility Assessment and Alternatives Report," is dated Dec. 20, 2023, and was revised April 19, 2024.

It evaluated a gasification process for making biofuels and a mixed waste processing facility, as well as Reworld's ability to receive regulated medical wastes and other special wastes to increase revenue and cover losses. The report concluded the options did not offer a significant diversion benefit and were not economically viable.

The committee recommended continued use of the garbage burner only until the contract with Reworld expired in 2027 and then a pivot to using landfills for waste disposal. It didn't recommend using the incinerator beyond 2027 due to cost increases and reliability issues.

An agreement to end the contract with Reworld, dated Nov. 5, was signed by county Chief Executive Officer Jody Hayes and Modesto City Manager Joe Lopez. Reworld is expected to end waste services at the Stanislaus plant Dec. 2.

John Mataka of Valley Improvement Projects said he serves on a task force concerned with waste disposal and also ran into meeting cancellations. Lopez and Mataka were grateful the evaluation committee recommended against options for keeping the plant in operation.

"I am very excited that Covanta is leaving," Lopez said, adding it's now time to plan for reducing the wastes that go to landfills. Organic materials in landfills are considered a source of greenhouse gas emissions that warm the planet.

County Counsel Thomas Boze did not comment on whether the evaluation committee's work was a Brown Act violation. Supervisor Terry Withrow said, "We are not trying to hide anything from anybody."

Boze said after the meeting that the evaluation committee was primarily formed by the city managers and was not a standing committee. Panels that are formed for a specific purpose and limited time are not bound by Brown Act rules, he said.

The county twice denied release of public records to The Modesto Bee since a March 28 request seeking records pertaining to possible closure of the garbage burner.

Mary Ann Reynolds of Modesto told supervisors she's been concerned about unhealthy air and its effect on children with asthma. "I was appalled to learn we had an incinerator burning our garbage and adding to pollution of our air," she said.

Reynolds said the agreement for closing the plant should include a requirement that Reworld clean up ground contamination.

Supervisor Vito Chiesa said an additional 200,000 tons of garbage annually will be sent to landfills after the incinerator closes. The need to increase staff and equipment at the Fink Road Landfill will put a strain on the system, he said, adding that he expects an increase in garbage rates.

Garbage could be sent outside the county Consultants will help with calculating a new landfill tipping fee before an agreement among the county and cities expires in June. Some cities in the county may choose to use landfills near Merced and Stockton, as was done in years past.

A $4 million settlement with Reworld will distribute 58% to Modesto and 42% to the county. In addition, $8 million remaining in a resource recovery account will be distributed to Modesto and the county by the same percentages.

The county will use the $5 million for the immediate expansion of the Fink landfill operation.

Supervisor Channce Condit asked if the county has a strategic plan for waste management going forward. County staff said the end of incineration will shorten the life expectancy of Fink Road Landfill from 2050 to 2039-41.

The county Department of Environmental Resources will look at developing a larger landfill in the next few years, staff said.