HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 06/26/2001 I}
East Valley Water District
1155 DEL ROSA AVENUE, SAN BERNARDINO, CA
REGULAR BOARD MEETING June 26, 2001 2:00 P.M.
AGENDA
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"In order to comply with legal requirements for posting of agenda, only those items filed with the District
Secretary by 10:00 a.m. on Tuesday prior to the following Tuesday meeting not requiring departmental
investigation, will be considered by the Board of Directors".
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
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1. Approval of Agenda
2. Public Comments
CONSENT CALENDAR
3. Approval of Special Board Meeting Minutes for June 4, 2001.
4. Approval of Board Meeting Minutes for June 12, 2001.
5. Approval of Liens for Delinquent Water and Sewer Accounts.
6, Resolution 2001.11 — Accepting Dedication of Water Distribution System for Tract 12805 in the
City of Highland.
7. Resolution 2001.12 —Accepting Dedication of Sewers for Tract 12805 in the City of Highland.
8. Resolution 2001.13 — Notice of Completion for replacing a section of watermain in Highland
Avenue East of Victoria Ave. in the City of Highland and San Bernardino by Law Plumbing Co.
9. Review and accept Financial Statements for period ending March 31, 2001.
10. General Fund Disbursements # 185295 through #185469 in the amount of $ 883,328.33 and
Payroll Checks 48932 through #8985 in the amount of$62,556.18, totaling $945,884.51 .
OLD BUSINESS
11, Discussion and possible action regarding revision to Section 9 of District Ordinance No. 358
(Backflow Program).
12. FERC Re-licensing of SCE Powerhouses Update.
13. Radon Rule Update. (General Manager)
14. Status and update—Patton Golf Course Project. (General Manager)
�I r
NEW BUSINESS
15. Discussion and possible action regarding proposed 2001-2002 Bud-et.
16. Discussion and possible action regarding the rental of available space at 7920 Webster, Highland,
CA.
REPORTS
IT May 25, 2001 -June 21, 2001 - Releases of Lien for Delinquent Water and Sewer Accounts.
18, General Manager's Report
19. Oral Comments from Board of Directors.
CORRESPONDENCE
20. Correspondence from SBVWCD regarding an application made pursuant to SWRC13 Order WR
2000-12, overturning the Fully Appropriated Stream Declaration for the Santa Ana River.
21. Announcement of the Second Annual Water Resources Institute Conference to be held October 18-
19, 2001 at Cal State San Bernardino.
MEETINGS
22. CDF - "Vegetation and Fuels Condition Seminars, July 17, 2001, Unit Headquarters Training
Center, 3800 N. Sierra Way, San Bernardino, CA.
CLOSED SESSION
23. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
initiation of litigation pursuant to Government code Section 54956.9 (c)
One Potential Case
24. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9 (b):
One Potential Case
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
ADJOURN
2
DRAFT SUBJECT TO APPROVAL
EAST VALLEY WATER DISTRICT
SPECIAL BOARD MEETING JUNE 4, 2001
MINUTES
The Special Meeting was called to order at 2:03 P.m. by President Lightfoot.
Director Sturgeon led the flag salute.
ROLL CALL
PRESENT: Directors: Wilson, Sturgeon, Lightfoot
ABSENT: Directors Negrete, Goodin
STAFF: Robert Martin, General Manager; Paul Dolter, District
Engineer; Alberta Hess, Chief Financial Officer; Mary
Wallace, Administrative Assistant
LEGAL COUNSEL: ' Steve Kennedy
GUEST(s): None
APPROVAL OF AGENDA
M/S/C (Wilson-Sturgeon) that the June 4, 2001 Agenda be approved as
submitted.
PUBLIC PARTICIPATION
President Lightfoot declared the public participation section of the meeting open at
2:04 p.m. There being no written or verbal comments, the public participation
section was closed.
PROPERTY ACQUISITION DOCUMENTS FOR WELL SITE 120 were presented to
the Board for approval.
M/S/C (Wilson-Sturgeon) that the general provisions of escrow be approved
and that the General Manager and Legal Counsel be authorized to respond to the
owner's request for information.
RESOLUTION 2001,09 - ACCEPTANCE OF REAL PROPERTY GRANT DEED was
presented to the Board for approval.
M/S/C (Wilson-Sturgeon) that Resolution 2001.09 be approved.
ADJOURN
The meeting was adjourned at 2:15 p.m.
Glenn R. Lightfoot, President
Robert E. Martin, Secretary
2 Special Meeting:06/04/01
DRAFT SUBJECT TO APPROVAL
EAST VALLEY WATER DISTRICT
REGULAR BOARD MEETING JUNE 12, 2001
MINUTES
The meeting was called to order at 2:00 p.m. by President Lightfoot. Director Goodin
led the flag salute.
PRESENT: Directors Wilson, Negrete, Goodin, Lightfoot
ABSENT: Director Sturgeon
STAFF: Robert Martin, General Manager; Paul Dolter, District Engineer;
Alberta Hess, Chief Financial Officer; Mary Wallace, Administrative
Assistant.
LEGAL COUNSEL: Steve Kennedy
GUEST(s): Jo McAndrews, Dimitri Vassilakos, Dean Carpenter
APPROVAL OF AGENDA
Legal Counsel requested that the following New Business Item:
20a. Discussion and Possible action regarding a correction to the amendment
to the Parking Lot Sublease between CLC Developers and Victoria Development.
be added to the Agenda as the need to add the item arose after the Agenda had been
posted.
President Lightfoot noted that Agreement No. 2001.07 was between Law Plumbing,
Co.and EVWD not SOCAL Pump & Well Drilling, inc. and EVWD.
M/S/C (Wilson-Negrete) that the March 12, 2001 Agenda be approved with
revision recommended by Legal Counsel and that noted by President Lightfoot.
PUBLIC PARTICIPATION
President Lightfoot declared the public participation section of the meeting open at 2:02
p.m. There being no written or verbal comments, the public participation section was
closed.
APPROVAL OF MAY 29, 2001 BOARD MEETING MINUTES.
M/S/C (Wilson-Goodin) that the May 29, 2001 Board Meeting Minutes be
approved as submitted.
APPROVAL OF SPECIAL MEETING MINUTES (BOARD WORKSHOP) FOR MAY 30,
2001.
M/S/C (Wilson-Goodin) that the May 30, 2001 Board Workshop Minutes be
approved as submitted.
APPROVAL OF SPECIAL BOARD MEETING MINUTES FOR JUNE 4, 2001.
Approval of the Special Board Meeting Minutes for June 4, 2001 was deferred for vote
to the June 26, 2001 Board Meeting.
APPROVAL OF LIENS FOR DELINQUENT WATER AND SEWER ACCOUNTS.
The General Manager stated that the owner of property at 3372 Del Rey Dr., 7023
Elmwood Rd., and 26643 7th St. had paid the account and should be removed from the
lien list.
M/S/C (Wilson-Goodin) that the liens for delinquent water and sewer accounts be
approved for processing with the exceptions as noted by the General Manager.
DEVELOPMENT AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT AND
CENTEX HOMES TO PROVIDE DOMESTIC WATER AND SEWER SERVICE TO
FORTY-SIX(46) DWELLING UNITS LOCATED NORTH OF GREENSPOT ON THE
WEST SIDE OF PLUNGE CREEK IN THE CITY OF HIGHLAND was presented to the
Board for approval.
M/S/C (Wilson-Goodin) that the Development Agreement between East Valley
Water District and Centex Homes be approved.
RESOLUTION 2001.10 - NOTICE OF COMPLETION FOR TANK REPLACEMENT AT
PLANT 125, SOUTH OF GREENSPOT ROAD AND EAST OF CONE CAMP ROAD IN
THE CITY OF HIGHLAND BY SUPERIOR TANK COMPANY, INC. was presented to
the Board for approval.
M/S/C (Wilson-Goodin)that Resolution 2001.10 be approved.
2 Minutes: 06/12/01
DISBURSEMENTS
M/S/C 0Nilson-Goodin) that General Fund Disbursements #185157 through
#185294 in the amount of $342,427.79 and Payroll Fund Disbursements #8878 through
#8931 in the amount of $65,092.84 totaling $407,520.63 be approved.
REQUESTS TO REVISE SECTION 9 OF DISTRICT ORDINANCE NO. 358
(BACKFLOW PROGRAM) FROM DIMITRI VASSILAKOS, URI LEDER AND DEAN
CARPENTER were presented to the Board for consideration.
President Lightfoot requested that the proposed revisions presented to the Board be
reviewed by staff and DOHS and that ali comments be brought back to the Board for
final consideration at the Board Meeting on June 26, 2001.
RADON RULE UPDATE
The General Manager reported on the District's progress with the Rule to date; that we
are awaiting the confirmation of the new system administrators for EPA. Information
only.
STATUS AND UPDATE OF THE FERC RE-LICENSING PROGRAM was presented to
the Board. Legal Counsel stated that a Motion to Intervene had been filed on behalf of
both East Valley Water District (EVVVD) and North Fork Water Co. (NFWC).
Information only.
DIRECTOR'S FEES AND EXPENSES FOR MAY 2001 were presented to the Board
for approval.
M/S/C (Negrete-Wilson) that the Director's fees and expenses for May 2001 be
approved.
AGREEMENT BETWEEN EAST VALLEY WATER DISTRICT(EWND) AND UNION
BANK OF CAIFORNIA (UBOC) CONCERNING SUCCESSION OF TRUSTEE AND
PAYING AGENT WITH RESPECT TO REFUNDING CERRTIFICATES OF
PARTICIPATION/SERIES 1996 was presented to the Board for approval.
M/S/C (Wilson-Negrete) that the Agreement between EVWD and UBOC
concerning succession of trustee be approved.
AGREEMENT NO. 2001.06 INSTALLATION OF DISCHARGE PIPI~IG AND
APURTENANCES FOR WELL 147 LOCATED AT 29250 ABBEY WAY IN THE CITY
OF HIGHLAND BETWEEN SOCAL PUMP & WELL DRILLING, INC. AND EAST
VALLEY WATER DISTRICT was presented to the Board for approval.
M/S/C (Goodin-Wilson) that Agreement No. 2001.06 be approved.
3 Minutes: 06/l 2/01
AGREEMENT NO. 2001.07 - WATERLINE IMPROVEMENTS FOR WELL 147
LOCATED AT 29250 ABBEY WAY IN THE CITY OF HIGHLAND BETWEEN LAW
PLUMBING CO. AND EAST VALLEY WATER DISTRICT was presented to the Board
for approval.
M/S/C (Goodin-Wilson) that Agreement No. 2001.07 be approved.
AGREEMENT NO. 2001.08 - EQUIPPING A WELL FOR 2000 GPM AT PLANT 147
LOCATED AT 29250 ABBEY WAY IN THE CITY OF HIGHLAND BETWEEN SOCAL
PUMP & WELL DRILLING, INC. AND EAST VALLEY WATER DISTRICT was
presented to the Board for approval.
M/S/C (Goodin-Wilson) that Agreement No. 2001.08 be approved.
GENERAL DISTRICT ELECTION ON NOVEMBER 6, 2001. Information only.
AUTHORIZATION FOR BUY BACK OF VACATION TIME was presented to the Board
for approval.
M/S/C (Goodin-Wilson) that the request from the General manager for buy back
of eighty (80) hours of vacation time be granted.
CLAIM FOR DAMAGES AT 6627 ORANGEWOOD, HIGHLAND, CA. BY STEVE AND
JILL MILLER.
M/S/C (Goodin-Wilson) that the claim for damages at 6627 Orangewood from
Steve and Jill Miller be denied and referred to District's Legal counsel and Insurance
Agency.
DISCUSSION AND POSSIBLE ACTION REGARDING A CORRECTION TO THE
AMENDMENT TO THE PARKING LOT SUBLEASE BETWEEN CLC DEVELOPERS
AND VICTORIA DEVELOPMENT.
A correction to the amendment dated March 14, 2001 to the Parking Lot Sublease
changing the sublease date to the last day of April 2002 from March 2002 was
presented to the Board for approval.
M/S/C (Goodin-Wilson) that the correction to the sublease date be approved.
MAY 25, 2001 - RELEASES OF LIEN FOR DELINQUENT WATER AND SEWER
ACCOUNTS.
List of liens released on May 25, 2001 was reviewed. Information only.
4 Minutes: 06/12/01
GENERAL MANAGER'S REPORT
The General Manager reported on District operations to date; that the new line along
Highland Avenue was near completion; that the District's "Consumer Confidence" report
was at the printers; that he had received a call from George Schnarre, San Bernardino
Chamber of Commerce, regarding Mr. Vassilakos and his appeal for support of his
Backflow Prevention proposals; that there will be a meeting of the Gibson PRP Group
on June 20, 2001 in Walnut Creek. Information only.
ORAL. COMMENTS FROM BOARD OF DIRECTORS.
Director Goodin commented on the "great" tour, sponsored by MET, that he had just
attended; that he would be in attendance at the upcoming WESTCAS Conference on
June 20-22, 2001 in San Diego; questioned if there had been an occurrence at District
Plant 33. Information only.
Director Negrete made note of the correspondence listed on the Agenda and the fact
that it was becoming increasingly difficult for the Advisory Commission to gain support.
Information only.
There being no further verbal or written comments from the Directors, this section of the
meeting was closed.
CORRESPONDENCE TO MEMBERS OF THE ADVISORY COMMISSION ON
WATER POLICY. Information only.
ASBCSD MEMBERSHIP MEETING - June 18, 2001, Blue Whale Lakeside
Restaurant, Big Bear Lake, CA. Information only.
ADJOURN
The meeting was adjourned at 3:10 p.m.
"Glenn R. Lightfoot, President
Robert E. Martin, Secretary
Minutes: 06/12/01
21. 144-0057-0' 7550 BUCKEYE ST
22. 144-0535-3 27396 6TH ST 36.83
23. 154-2189-1' 6976 TIPPECANOE ST 45.53
TOTAL $1,411.04
· ST, LL O,,VNS P.OPE.'~ ~.
+ MULTIPLE UNITS
Page 2 of 2
RESOLUTION 2001.11
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
ACCEPTING DEDICATION OF WATER DISTRIBUTION SYSTEM
TRACT 12805
BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as
follows:
WHEREAS, the water line relocation system and appurtenant structures constructed at
Tract 12805 for public use in the City of Highland, have been dedicated to East Valley Water
District by David K. Wendorff, President, Cornerstone Properties, Inc.
NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Water
Distribution System dated June 4, 2001 and executed by Cornerstone Properties, Inc. on June 4,
2001 be accepted and all rights, title and interest in and to said water system be vested in the
East Valley Water District, and that the Secretary of this District be, and is hereby authorized and
directed to record this Resolution with said Dedication of Water Distribution system attached
hereto, in the office of the County Recorder of the County of San Bernardino, State of California.
The foregoing resolution was duly adopted at a meeting of the Board of Directors of the
East Valley Water District, upon motion duly made, seconded and carried on June 26, 2001.
AYES: Directors
NOES:
ABSENT:
EAST VALLEY WATER DISTRICT
Glenn R. Lightfoot, President
Attest:
Robert E. Martin
Board Secretary
W1324
Tract 12805
RECORDING REQUESTED By.~,v
East Valley Water District
WHEN RECORDED MAIL TO.'
East Valley Water District
Post Office Box 3427
San Bernardino, California 92413
.PLATE VI
DEDICATION OF WATER SYSTEM
Board of Directors
East Valley Water District
San Bernardine, California 92413
DATE:, J~tA
We hereby declare that the water system and appurtenant structures to be constructed in
'-f'~-'c,.c_.~ I?.~'0~' in accordance with all the requirements of the East Valley Water
District are intended for public use and that upon their acceptance by said District, ail rights, title and interest of the
undersigned in and to said water system sha~l thereupon vest in the District. the within dedication shall be binding
upon heim, successors, assignees, executors, or administrators of the undersigned.
The undersigned ~her declares and hereby cedifies that there are no liens or debts of any nature presently
due or outstanding against or upon said water system and appu~enant structures for labor or materials or for any
other cause, and that the undersigned will hold East Valley Water District free and harmless from any and all such
claims of liens asseKed upon said water system and appuKenant structures should they be claimed or arise
provided such claims or liens arose from acts which occurred on or before the date listed above,
(Corporate Seal) ~1
STATE OF CALIFORNIA )
COUNWOF
On ~ ~ ,20 p [, beforo mo, tho undorsi~nod, ~ ~ota~ Public in and for th~ said Coun~ and
State, personally appeared David K. Wendorff
pemonally known to me (or proved to me on the basis of satisfactou evidence) to be the person(s) whose name(s)
is/am subscribed to the same in his/her/their authorized capaci~ (ies), and that by his/her/their signature (s) on the
instrument the pemon (s), or the enti~ upon behalf of which the person (s) acted, executed the inst~ment.
WITNESS my hand and official seal.
Signature ~4~4~ (Seal)
(Rev: 5/3/96)
San f3emardino, CA. 2000-2001 - 1210-161-18-0000, Sheet: 1 of 1
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~ HATT[~Y S1RE[T ~ m
RESOLUTION 2001.12
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
ACCEPTING DEDICATION OF SEWERS
TRACT 12805
BE IT HEREBY RESOLVED by the Board of Directors of the East Valley Water District, as
follows:
WHEREAS, the sanitary sewers and appurtenant structures constructed in accordance
with specifications of the East Valley Water District at Tract 12805 for public use in the City of
Highland, have been dedicated to East Valley Water District by David K. Wendorff, President,
Cornerstone Properties, Inc.
NOW THEREFORE, BE IT HEREBY RESOLVED, that the Dedication of Sewers dated
June 4, 2001 and executed by Cornerstone Properties, Inc. on June 4, 2001 be accepted and all
rights, title and interest in and to said sewers be vested in the East Valley Water District, and that
the Secretary of this District be, and is hereby authorized and directed to record this Resolution
with said Dedication of Sewers attached hereto, in the office of the County Recorder of the
County of San Bemardino, State of California.
The foregoing resolution was duly adopted at a meeting of the Board of Directors of the
East Valley Water District, upon motion duly made, seconded and carried on June 26, 2001.
AYES: Directors
NOES:
ABSENT:
EAST VALLEY WATER DISTRICT
Glenn R. Lightfoot, President
Attest:
Robert E. Martin
Board Secretary
S1324
Tract 12805
RECORDING REQUESTED BYe,"' v
East Valley Water Distdct
WHEN RECORDED MAIL TO:
East Valley Water District
Post Office Box 3427
San Bernardino, California 92413
DEDICATION OF SEWERS
Board of Directors
East Valley Water District
San Bernardino, California 92413
We hereby declare that the sanitary sewers and appudenant structures to be constructed in
'Tv-~.~4-- rz.s-o~' in accordance with all the requirements of the East Valley Water
Distdct are intended for public use and that upon their acceptance by said District, all rights, title and interest of the
undersigned in and to said sewers shall thereupon vest in the District. The within dedication shall be binding upon
heirs, successors, assignees, executors, or administrators of the undersigned.
The undersigned further declares and hereby certifies that there are no liens or debts of any nature presently
due or outstanding against or upon said sanitary sewers and appurtenant structures for labor or materials or for any
other cause, and that the undersigned will hold East Valley Water district free and harmless from any and all such
claims of liens asserted upon said sanitary sewers and appurtenant structures should they be claimed or arise
provided such claims or liens arose from acts which occurred on or before the date listed above.
(Corporate
Seal)
STATE OF CALIFORNIA )
On ~_,Jb(,/"L~ /-~ ,20~! , before me, the undersigned, a Notary Public in and for the said County and
State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the same in his/her/their authorized capacity (les), and that by his/her/their signature (s) on the
instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument.
22
EXHIBIT "A"
RESOLUTION 2001.13
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
NOTICE OF COMPLETION
BE IT HEREBY RESOLVED, by the Board of Directors of the East Valley
Water District, as follows:
WHEREAS, based upon the certificate of completion executed by the
District for replacing a section of watermain in Highland Avenue, east of Victoria
Avenue in the City of Highland and San Bemardino, completed by contractor Law
Plumbing.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors
hereby determine that said contract is completed and the President and
Secretary are hereby authorized to execute a Notice of Completion on behalf of
the District, and the Secretary is hereby authorized and directed to record said
Notice of Completion in the office of the County Recorder, County of San
Bernardino, State of California.
The foregoing resolution was duly adopted at a meeting of the Board of
Directors of the East Valley Water District upon motion duly made, seconded and
carried on June 26, 2001.
Ayes:
Noes:
Absent:
EAST VALLEY WATER DISTRICT
Glenn R. Lightfoot, Board President
Attest:
Robert E. Martin, Board Secretary
(Seal)
W2170
06/12/01 jw
V
RECORDING REQUESTED BY ]
]
AND WHEN RECORDED MAIL TO ]
]
Name East Valley Water District] ]
Street 115S Del Rosa Avenue ]
Address PO Box 3427
]
City & San Bemardino, CA 92413 ]
Stets ]
A'ITENTION: JENNY WILLIAMS
(NO APN)
sPAce ^eov~ T.~S UNE FO. R~CORDE.'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093. must be filed within 10 days after completion, (See reverse side for Complete
requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the Interest or estate stated betow in the property
herelr~fter described;
2. The full name of the owner is East Vatiev Water District
The full address of the owner is _ 1155 Del Rosa Avenue PO Box 3427 San Eemardino. CA 924'13
4. The nature ef the interest or estate of the owner is, in fee.
(If other than fee, sthke "in fee' a~l insert, fa- example, "purchaser under contract of purchase, "or lessee')
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as Joint tenants or as tenants
NAME ADDRESS
East Valley Water District. a County Water Dlstdct
6. A v~rk of improvement on the property hereinafter described was compfetsd on June 12. 2001 . The work done was:
See Exhibit 'A"
7. The name of the contractor, If any, for such work of Improvement was Law P[umbine Comoenv
Aori117. 2001
(If no contractor for work of improvement as a whole, insert "none' (Date of Contract)
8. The property on which said work of Improvement was completed is In the city of Hiqhland and San Bemardino
Countyof ~anBemardino ,StateofCalifom[a, and rs descfibed as follows; ~eeExhfeit"A"
9. The street address of said property is NON E
(If no street address has ~en difficulty assigned. Ir~sert. 'none".)
East Valley Water District
Date: ~un~ 26, 200'1
Verification for Individual Owner
Signatum of owner o~ corporate officer of owner
named in paragraph 2 or his agent
Glenn Llghffoot, Board President
VERIFICATION
I, the undersigned, say:. [ am the Secretsrv the declarant of the foregoing
("President of ", ' Manager off, 'A partner of', 'Owner of'. Etc.)
notice of completion; I have read said notice of completion and know the contents thereof; the same ~s true of my knowledge.
I declare under penalty of perjury that the fomgoieg is true and correct.
Executed on June 26 ,2001 , at San Bemardtho , California.
V (Date of signaf~re.) (City, where signed.)
Robert E. Martin, Board Secretary
~ ~ San 8ernardino, CA, 2000-~01 - 0286-07, Sheet: 1 of 1
/
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G,.... Lig. oo,
East Water District Pre,,d. ,
Donard D. Goodin
Vice President
1155 Del Rosa Avenue., RO. Box 3427 Kip E. Sturgeon
Director
San Bernardino, California 92413
Edward S. Negrete
(909) 889-9501 Director
George E. "Skip" Wilson
Director
Robert E. Martin
General Manager
Alberta M. Hess
Chief Financial Officer
June 11, 2001
The accompanying financial statements for the period ended March 31, 2001, have been
prepared solely by the staff of the East Valley Water District and have not been audited,
reviewed, or compiled by an independent certified public accountant.
Management has elected to omit substantially ail of the disclosures and the statement of
cash flows required by generally accepted accounting principles. If the omitted
disclosures were included in the financial statements, they might influence the user's
conclusions about the District's financial position, results of operations and cash flows.
Accordingly, these financial statements are not designed for those who are not informed
about such matters.
Administration (909) 885-4900, Fax (909) 889-5732 · Engineering (909) 888-8986, Fax (909) 383-1481
Customer Service & Finance (909) 889-9501, Fax (909) 888-6741
East Valley Water District
Balance Sheet
March 3 l, 2001
ASSETS
UTILITY PLANT- at cost:
Utility plant in service - water department $65,873,998.65
Utility plant in service - sewer department 19~29 I~ 142.64
85,165,141.29
Less: Accumulated depreciation (25~361,495.79)
59,803,645.50
Construction in progress 4,536,135.36
64~339~780.86
RESTRICTED ASSETS:
Water department - bond funds - cash in bank 6,475.00
Certificate of Participation reserved funds - cash in bank 485,478.20
Reserved funds - designations - cash in bank 1,561~450.00
' 2~053,403.20
CURRENT ASSETS:
Cash on hand and in banks 11,265,515.67
Less: Cash restricted 2~053~403.20
9,212,112.47
Accounts receivable (net of allowance) 684,076.85
Other receivables (net of allowance) 125,657,18
Invento~ 730,554.40
Prepaid expenses 213,021.99
13~0181826.09
OTHER ASSETS AND DEFERRED COSTS (Net of Amortization):
Bond discount and incidental bond expenses 1' 11,663.02
Deferred financing charges 291,530.78
4037193.80
TOTAL ASSETS $79,815,203.95
East Vafley Water District
Balance Sheet
March 31, 2001
LIABILITIES AND EQUITY
LONG- TERM DEB T:
Certificates of Participation due after one year $11,125,000.00
Less: Deferred amount on refunding of Certificates of Participation (281 ~209.72)
10~843~790.28
CURRENT LIABILITIES:
Accounts Payable 964,570.59
Accrued payroll and benefits 423,735.02
Accrued pension contributions 5,923.53
Customer service deposits 981,058.48
Deferred Rental Income 53,333.00
Accrued interest payable 65,128.91
Deposits - refundable 96,210.09
Certificates of Participation due within one year 760~000.00
3~349~959.62
TOTAL LIABILITIES 14,193,749.90
EQUITY:
Contributed capital:
Invested in utility plant 22,579,322.06
Other contributed capital 3,665,614.18
Retained earnings:
Reserved for water bond funds 6,475.00
Reserved for emergencies 1,545,000.00
Reserved for unemployment insurance 16,450.00
Fund Balance 35,945,351.39
Net Income for current year 1~863,241.42
TOTAL EQUITY 65,621,454.05
TOTAL LIABILITIES AND EQUITY $79,815,203.95
East Va'l ey Water istrict
TO: BOARD OF DIRECTORS
FROM: ALBERTA M. HESS / CHIEF FINANCIAL OFFICER
SUBJECT: DISBURSEMENTS
DURING THE PERIOD JUNE 5, 2001 THROUGH JUNE 14, 2001 CHECK NUMBERS
185295 THROUGH 185469 IN THE AMOUNT OF $883,328.33 WERE ISSUED.
PAYROLL CHECKS 8932 THROUGH 8985 IN THE AMOUNT OF $62,556.18 WERE
DISTRIBUTED ON JUNE 6, 2001.
TOTAL OF ACCOUNTS PAYABLE DISBURSEMENTS AND PAYROLL FOR THE PERIOD
$945,884.51.
BRUNICK, ALVAREZ & BATTERSBY
June 26, 2001
VIA HAND DELIVERY
TO: Board of Directors
EAST VALLEY WATER DISTRICT
FROM: Steven M. Kennedy, General Counsel
RE: Cross-Connection Control Program
"DRNIA's Revisions Proposal for EVWD's Ordinance 358 on BPD's"
I have the following preliminary comments to the above-referenced document that was presented to
the Board at its regular meeting of June 12, 2001:
1. Section 9.01.a. The reference to "the 'Clarity' requiremem of Government Code section
11349.1" is not applicable to ordinances adopted by EVWD since they are not published in
the California Code of Regulations, are not required to be filed with Secretary of State, and
are not subject to review by the Office of Administrative Law.
2, "Potential" Cross-Connections. The proposed amendmems seek to eliminate the ability of
EVWD to regulate "potential" cross-connections because it is contended that such a standard
is "unclear, speculative and meaningless for any practical purpose [and has] no place in a
technical document." However, Title 17 specifically defines the term"Cross-Connection" as
"an unprotected actual or potential connection between a potable water system used to
supply water for drinking purposes and any source or system containing unapproved water
or a substance that is not or cannot be approved as safe, wholesome, and potable." California
Code of Regulations Section 7583(e) (emphasis added). Therefore, any attempt to divest
EVWD of its authority - actually, its legal mandate - to prevent comamination or pollution
of its water supply that may occur as a result of an actual or potential cross-connection with
an outside source is not only in violation of the express language of Title 17, but also the
public policy reflected in the California Safe Drinking Water Act (Health and Safety Code
Section 116275 et seq.).
EVWD Board of Directors
June 26, 2001
Page Two
3. "Quantitatively Defined" Findings. Under Section 7585 of the California Code of
Regulations, EVWD is required to "evaluate the degree of potential health hazard to the
public water supply which may be created as a result of conditions existing on a user's
premises." The pro ffered modifications provide that any such determination made by EVWD
must be supported by "Quantitative Findings" as defined in Section 9.03.16 of the revised
ordinance. While I agree that EVWD's decisions concerning the necessity for a backflow
prevention device should not be rendered arbitrarily, capriciously, or without any factual
support or justification, I believe that the standard enunciated in Section 9.03.16 may be too
restrictive and not sufficiently flexible to properly enable EVWD to address the myriad of
potential problems that would trigger EVWD's legal obligation to "protect the public water
supply from comamination" as required by Section 7584 of the California Code of
Regulations. Further, the creation of a standard based on such subjective criteria as
"reasonable risk analysis" and "common sense (normalized per unit when applicable)" would
seem to defeat the intended purpose of creating a "clear, unambiguous" program.
4. Arbitration. It is suggested in Sections 9.05.03 and 9.10 of the revised ordinance that any
dispute regarding the implementation of the cross-connection control program"be submitted
within 30 days for resolution by three (3) arbitrators, one of which selected by [EVWD], one
by the customer, and the third one in agreement by the first two arbitrators." However, no
provision is included regarding (a) the manner in which the arbitration/appeal would be
conducted, (b) the manner in which the costs therefor would be allocated, or (c) whether the
prevailing party would be entitled to recover its costs and expenses. Further, any dispute
resolution process that is final and binding without any fight of appeal would appear comrary
to the stated desire to facilitate complete "due process." As there has been no evidence or
argument presented regarding any perceived inadequacy of either the complaint procedure
already contained in Ordinance 358 or the legal remedies that any aggrieved party may
exercise under the law, I do not recommend the inclusion of proposed Sections 9.05.03 and
9.10 in EVWD's cross-connection control program.
I will defer any other comments that I may have regarding the changes that have been submitted for
Board consideration until such time as EVWD staffhas reviewed the document fi.om a technical and
operational standpoint.
~)EPARTMENT OF HEALTH $1::RVIOr:$
SOUTHERN OALIFORNIA
V DRINKING WATER FIELD OPERATIONS
464 West 4~ Street, Suits 437
SAN BERNARDINO, CA 92401
GEN: 909-383-4328
FAX: 909-383-4745
ii June 15, 2001
Mr. Demetrios Vassilakos
6380 Denair Avenue
Highland, CA 92346
Subject: Backflow Prevention Device Requirements-East Valley Water Distr/ct
(System No. 3610064)
Dear Mr. Vassilakos:
This has reference to the meeting we held on May 23, 2001, in our office, at your request,
in which yourself, staffofthis Department and Mr. Paul Dolter of the East Valley Water
District (EVWD) participated. You requested the meeting regarding your concerns
related to the requirements of the EVWD to install backflow prevention devices (BPDs)
at the service connections to two apartment complexes on Pumelo Street. At the meeting
you delivered a letter to this office requesting our responses to some specific questions. I
assured you that I would like to consult with the Regional Engineer's Office of the
Department before providing you with a written response (A) to each of your questions
(Q). Here are your questions and our responses:
Q. Does Title 17 identify, or imply, that apartments with 8 or more units or
apartments with swimming pools, require installation of a BPD?
A. Title 17 does not specifically identify descriptions of structures requiring a BPD.
The principle of the requirements for a BPD is based on the actual or potential
cross-connections on the premises at the location, keeping in mind the various
uses of the water on the premises, complexity of plumbing. The decision
regarding which type of service connection is required to install BPD due to size
and complexity of plumbing and the potential for modifications to the plumbing is
left to the utility charged with enforcing the back-flow prevention regulations.
The decision on size of system on which to impose the BPD varies through out
the state based on their past experiences and available staffing for oversight.
Q: If we can convince the EVWD to remove or disregard the ordinance 358 text
stating that apartments with 8 or more units, or apartments with swimming pools,
have to have a BPD installed, would you approve it?
A: The decision of the EVWD to include or remove the reference to apartments with
8 or more units or apartments with swimming pools should be based on their
experience with actual or potential for cross-connections at service connections of
~ similar nature. If EVWD should decide that there exist no actual cross-
Demetrios Vassilakos~'~
June 15, 2001
Page 2
connection and limited potential for future plumbing changes that will result in an
actual cross-connection, we would not challenge their decision.
Q: The EVWD may be willing to treat apartment houses as regulctr houses if the Title
17 interpretation allows. £f the EVW-D did this would you approve it?
A: We would accept their decision on this matter. However, we would like to point
out that Title 17 does not exempt regular houses from cross-connection ordinance
of a purveyor if the conditions at the regular house include actual or potential
cross-connections. The Department would approve a BPD requirement at a
regular house if the circumstances warrant it.
Q: If we reach a compromise agreement with the EV~VD, such as removing hose bibs
in the proximity of the pool, or removing the laundry room sink faucets, as an
alternative to the installation of the BPD, would you approve it?
A: As stated above we would not question their decision on this proposal. However
we would suggest that periodic follow-up be completed to assure no unacceptable
plumbing changes have been made.
Q: Addia'onally, if the "complexity" of the plumbing in the swimming pool equipment
room is the issue, would you accept a compromise agreement, between us and the
EVWD, to cut room walls so that the pool plumbing would be exposed showing no
cross-connection ?
A: Our response to this question is the same as the previous question.
Q: Can you, Mr. Baliga, suggest some other way, consistent with title 17, as an
alternative to the installation of a BPD in an apartment house?
A: No. Installation and annual testing of the BPD is the best way to protect the
public water supply when the premises have actual or potential cross-connections.
Please understand that the responsibility remains with the EVWD to ensure that the water
supply system is protected from potential contaminations. The adoption of back-flow
prevention ordnances will vary with each utility based on their experience with the local
plumbing community and efforts they are willing to put into oversight of potential
changes that may occur on the customer's side of the service connection.
Demetrios Vassilakos
June 15, 2001
Page 3
If you have questions, please call me at (909) 383-4327.
Kalyanp~r Y. Baliga, Ph.D., P.E.
Senior Sanitary Engineer
cc: Paul Dolter, East Valley WD
Richard Haberman
SBCDEHS
May 22, 2001
Kalyanpttr Baliga, Ph.D., P. E..
Senior Sanitary Engineer
Drinking Water Field Operations Branch
Health and Human Services Agency
Of the State of California
464 West 4~ Street, Suite 437
San Bemardino, CA 92401
Subject: Cross-Connection Control Program -East Valley Water District.
Dear Dr. Baliga:
I would like to know your understanding and interpretation of the Title t7 in the
following areas:
Does title 17 identify, or imply, that apartments with 8 or more ufiits or apmtax~ents with
swimming pools, require installation cfa BPD?
If we can convince the EVWD to remov.e or disregard the ordinance 358 text stating that
apartments with 8 or more units, or apartments,with swimming pools, have to have a
BPD installed, would you approve this?
The EVWD may be willing to treat ap~u~u~ent house~ as regular l~ouses if the title 17
interpretation allows it. If the EVWD did this, would you approve it?
If we reach a compromise agreement with the EVWD, such as removing hose bibs in the
proximity of the pool, or remgving the laundry room sink faucet, as an alternative to the
installation cfa BPD, would you approve such an agreement?
Additionally, if the "complexity" of the plumbing in the swimming pool equipment room
is the issue, would you accept a compromise agreement, between us and the EVWD, to
cut room walls so that the pool plumbing would be exposed showing no cross-
connection?
Can you, Mr. Baliga, suggest some other way, consistent with title 17, as an alternative
to the installation cfa BPD in an apartment house? Thank you.
Sincerely yours,
Demetrios Vassilakos
6380 Denair Ave.
HS. gh~and, CA 92346
May 14, 2001
To: The EVWD Board of Directors and Managers.
From: Demetrios Vassilakos
6380 Denair Ave.
Highland, CA 92346
Tel # (909) g64 3g05
Subject: Appeal to the Board to redo the Backflow Prevention ordinance revision in the proper way.
On January 24, 2000, you announced a decision to appoint an ad-hoc citizens advisory committee to study,
research, and advise you on updating the Backflow Prevention Requirements and associated program. On tM
same day you appointed me as a member of that committee.
On April 12, 2000, I received a call from the Board's Administrative Assistant Ms. Mary Vqall~ce to attend a
meeting at the EVWD hoard room on the next day.
On April 13, 2000, I attended the meeting. After a discussion of some BPD a~)pcarance and safety concerns
brought about by a representative of the city of HigNand, I presented a paper titled "GUIDELINES FOR
REVISING- THE EVWD OP, DINANCES" in the areas related to BPD's.
I emphasized in that presentation that we should not discriminate against any class of people, such as rich or
poor, homeowners or renters. I concluded my presentation, by stating the objective of revising the EVWD
ordinances so that they are up to date and fair to ail water consumers. The revisions should be consistent with
the latest experience data and effective towards producing the highest water quality.
The rest of the meeting that day addressed costs and pricing issues related to water and sewer services.
After that day I called several times inquiring about meetings related to the back. flow related program. Every
time ! was told that every body was busy with higher priority ( than BP) work
In February 2001 my wife and I noticed the t!VWD Notice of Public Hearing but it appeared, to both of us that
it was about fees and charges for water and sewer services; the %aekflow" program was never mentioned.
Then, a week ago we heard that the EVWD had published a backflow regulation revised ordinance.
I am pttzzled, dismayed, md unable to understand why you did the B?D ordinance revision in such a stealthy
way. I appeal to you to reconsider and redo the back_flow ordinance revision by convening the ad-hoc
committee as you promised on 01/24/00 and getting a recommendations report from them. Any Public
Hearing Notices should be explicit asking for comments on the b~ekflow prevention program requirements.
Thank you.
Sincerely,
Demetrios Vassilakos.
DEL ROSA NEIGHBORHOOD IMPROVEMENT AS~I~CIATION
c/o U. Leder, [6104 Rock]fiver Lane, Cerritos, CA 90703 Working Together for Succ~m
NOTES FOR EVWD MEETING OF 5/14/01 -- RE: CITIZEN ADVISORY COMMITTEE
In January, 2000, EVWD agreed to revise and clarify its Ordinance #355 relating to
backflow prevention devices (BPD's), and to create a Citizen Advisory Committee to advise
the District on it.
We welcomed that development, and matched its spirit of cooperation by suspending our
public effort of opposing the BPD's requirement, and looked forward to participate in a
serious and substantive review of the issue.
For that we formed the following objectives which would help make the revised ordinance: 1. Clear and unambiguous (reasonable protection where a need is clearly demonstrated).
2. Based on clear and unambiguous standards, surveys, and quantified assessments.
3. Be non-discriminatory and fair (same roles for similar situations).
4. Provide for Due Process procedures (notifications, surveys, remedies, appeals, etc.)
5. Comply fully with the controlling State regulations (no contradictions or deviations).
Just recently however, we were surprised and dismayed to find out that EVW-D ignored ~.ts
own coh~mitment to create a citizen advisoW committee,, and instead proceeded on its own
in a stealthy and arbitrary process of revising the Ordinance.
We feel bitter and deceived. EVWD proceeded behind our (and the corr~munity'.s) backs,
effectively keeping us at bay and in the dark, while all along we believed the revisioa
process was still on-going, and waited patiently for the Citizen Advisory Committee on
BPD's to be convened, and for our opportunity to pattie!pate and present our point of view.
Such practice has no place in a democratic society - forming policies in smoke-filled-room
is not acceptable in the USA of the 21st century. And surely it is not the way a public-
serving agency like EVWD should act vis-a-vis the community and customers it serves.
We protest that unilateral action in the strongest terms, and request that the EVWD Board of
Directors take the necessary steps to rectify it by .convening the Citizen Advisor~
Committee as promised, and engaging in serious and substantive discussion of the
BPD's issues.
Sadly, a cursory review shows the new revision achieved none of the objectives listed above.
We request and expect that this document will be included in the records of this meeting, be
referred to in the minutes of this meeting, and be attached to said minutes.
BRUNICK, ALVAREZ & BATTERSBY ~
June 7, 2001
Federal Energy Regulatory Commission
Office of the Secretary
888 First Street, N.E. Room lA
Washington, D.C. 20426
Re: Motion for Intervention by North Folk Water Company
Dear Secretary:
Please find enclosed file original and fifteen copies ora Motion in Intervention by North
Folk Water Company in the matter of/. re .4pl~/icalion of Sottlhert~ California Edison Compat?y
for Licensing of Sanla Ana Nos. ! and2, Lylle Creek and Mill Creek Nos. 2and3, Project
Numbers 1932-004, 1933-010 and 1934-010. It would be greatly appreciated if you would file
the original and return a conformed copy to us in the enclosed stamped, self-addressed envelope.
Should you have any questions or need any additional information concerning this request,
please feel free to contact Steven M. Kennedy at the above-referenced telephone number.
Thank you for your anticipated assistance.
Very truly yours,
BRUNICK, ALVAKEZ & BATTERSBY
~~Zedy
\jmc
Enclosures: (as stated)
CC: Pobert E. Martin, General Manager (w/encls.)
East Valley Water District
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
In re Application off )
) Project Nos.: 1932-004,
Southern California Edison Company ) 1933-010,
for Licensing of ) 1934-010
Santa AnaNos. I and 2, )
Lytle Creek, and )
Mill Creek Nos. 2 and 3 ) .
)
MOTION FOR INTERVENTION
BY
NORTH FORK WATER COMPANY
Pursuant to Rule 214(d) (18 C.F.R. Section 385.214) of the Rules of Practice and Procedure
of the Federal Energy Regulatory Commission ("FEKC" or "the Commission"), NORTH FORK
WATER COMPANY ("NFWC") hereby moves to intervene in the above-docketed proceed'rog.
I. NFWC's Interest In These Proceedings
NFWC is a mutual water company duly incorporated and existing under the laws of the State
of California. NFWC holds surface water rights in the Santa Ana River pursuant to an agreement
entered into with Bear Valley Land and Water Company [the predecessor in interest to the Bear
Valley Mutual Water Company (hereinafter "BVMWC")] in 1885 (hereinafter "the NORTH FORK
AGREEMENT"). The NORTH FORK AGREEMENT quantified NFWC's rights to the natural flow
of the Santa Arm River during the summer months as follows:
///
///
3.
June 500 inches (10 cfs)
~' July 600 inches (12 els)
August 600 inches (12 els)
September 550 inches (11 cfs)
October 450 inches (9 els)
November 400 inches (8 els)
During the remairfing months, NFWC is entitled under the NORTH FORK AGREEMENT to one-
fourth of all the water flowing in the Santa Aha River.
These rights were later recognized in a stipulated judgment entered into in 1977 between Big
Bear Municipal Water District and several water companies representing water users and overlying
owners within the San Bemardino Basin. Big Bear Municipal Water District y. North Fork Water
Company, et al., SanBemardino County Superior Court CaseNo. 165493 (hereinafter "the NORTH
FORK JUDGMENT").
Further, NFWC's surface water rights are included in the Santa Aha River - Mill Creek
Co operative Project Agreement (hereinafter "the EXCHANGE PLAN ") entered into in 1976 between
the SAN BERNARDINO VALLEY MUNICIPAL WATERDISTRICT (hereinaf~er"SBVMWD"),
NFWC, and various entities with rights in the Santa Aha River and MiLl Creek. Under the
'EXCHANGE PLAN, SBVMWD conm'butes import water fi:om the State Water Project and the
parties to the EXCHANGE PLAN are then able to use all of this water on an integrated basis utili~ing
a coordinated system of mutual exchanges and transfers.
The EXCHANGE PLAN also provides that a Management Committee is set up to adrnLnlster
the provisions thereof. As such, SBVMWD makes available to the Management Committee its
import water fi:om the State Water Project for delivery and use as "Exchange Water." This
"Exchange Water" is delivered to a party in exchange for an equal amount of that party's "Entitlement
Water" made available to the Management Committee for delivery and use pursuant to the terms of,
2
the EXCHANGE PLAN. With respect to "Entitlement Water" in the Santa Aha River, the Exchange
Plan provides that NFWC, BVMWC, and Lugonla Water Company together own maximum
instantaneous rates of flow of 88 els.
As a source of water for irrigation and municipal uses, the San Bemardino Valley area has
kistorically depended upon the water available through the surface diversions and hydroelectric
operations of SOUTHERN CALIFORNIA EDISON COMPANY (hereinafter"EDISON") on Lytle
Creek, the Santa Aha River, and Mill Creek, including the facilities which are the subject of these
proceedings. EDISON and its predecessors developed diversion works, canals, and powerhouses
along these streams, and numerous local water purveyors have retied uponthe historic operation and
use thereof, and have constructed pipeline distribution systems to redivert water from the afterbays
of the powerhouses for conveyance to their various uses. These local distribution systems and uses
are dependent upon continuance of the EDISON diversions.
H. NFWC's Obiectlons To The,Application
EDISON has applied to FERC for new licenses to operate the powerhouses on Lytle Creek,
Mill Creek, and the Santa Aha Pdver. As part of its relieensing application, EDISON proposes to
bypass flows in these watercourses, including those above EDISON's Santa Aha Powerhouse No.
1 and Mill Creek Powerhouse No. 2. In theory, the water now generating electricity in those
powerhouses would simply be passed downstream for use in its lower powerhouses. In fact,
however, such a change in operations would have profound adverse effects upon NFWC and its
inhabitants, landowners, and water users, and upon the environment of the San Bemardino Valley.
Accordingly, NFWC urges continuation of the present diversions at Santa Aha No. 1 and Mill Creek
No. 2, and submits the following preliminary objections to the EDIS ON plan without waiving its right
3
to submit subsequent comments and objections thereto:
A. Lost Water
Allowing the water to remain in these streams, above the Santa Aha Powerhouse No. 1 and
Mill Creek Powerhouse No. 2, would reduce the historic flow to the San Bernardino Valley,
particularly in the critical summer montes. Much of the water will be lost to evaporation and
transpiration in and adjacent to the streams. Water use requirements within the San Bernardino
Valley will necessitate replacement o fthis lost water supply fi.om sources outside the San Bernardino
Valley.
B. High Cost Of Replacement Water
To the extent that alternate water supplies to replace such lost water are available through the
State Water Project, the cost of importing this water and pumping it over the Tehachapi Mountains
is exorbitant. Additionally, amortization of capital costs for the facilities required to collect and
convey the water to the San Bernardino Valley is also significant. Further, th_is replacement water
is also poorer in quality and substantial treatment will be required.
C Qua[it3, Degradation
Water that is lef~ in the streams and recaptured below the EDISON afterbays in question will
be poorer in quality than the water received under present operations. Additional treatment may be
required to purify this water for domestic purposes.
D. Adverse Environmental Changes
EDISON and its predecessors have diverted the water from Lytle Creek, Santa Aha River,
and Mill Creek for about 100 years. Altering these historic practices will have many environmental
effects on the' streams in question, including but not limited to (1) changes in hydrologic
4
characteristics of the streams, (2) changes in native vegetation, (3) changes in fish and wildlife[ (4)
changes in recreational use, (5) changes in wat6r quality, and (6) changes in the water supply
characteristics of the groundwater basins in the downstream area. Al1 of these impacts must be
carefully evaluated for all seasons of the year before the proposed modification of diversion practices
is authorized.
Moreover, environmental damage will not be limited to those particular streams in the San
Bernardino 'Valley, since any area fi.om which the necessary replacement water is taken will also
suffer adverse environmental effects. For example, lifting such water over the Tehaehapi Mountains
involves fuel-burning generationto produce the electricity involved. The environmentalimpaet would
be even more serious if southern California sources were utilized for replacement water.
III. Good Cause Exists To Grant NFWC's Motion To Intervene
The Commissionhas granted motions out of time to intervene in situations where a new issue
has been injected into the proceeding after publication of notice in the Federal Register. See
Wolverine Power Corp., 45 FERC ¶ 61,310, reh 'g, 85 FERC ~ 61,066 (1988) (Wolverine); see also
Williston Basin Interstate Pipeline Co., 49 FERC ¶ 61,284 (1989) (Commission granted five late
motions to intervene when movants had been "caught offguard" when Commission, by letter order,
decided issues that had never before been addressed); Southern Natural Gas Co., 23 FERC ¶ 61,095
(1983) (untimely motion to intervene granted when Company did not recognize, the extent of
jeopardy it faced in pipeline PGA proceeding until after issuance of order).
NFWC is a member of the Water Agencies Task Force that has participated in the East End
Relicensing Collaborative Process (hereinaiter "the Collaborative") during the last three (3) years.
Upon learning on or about May 31,2001, that FERC had issued a Notice of Application Ready for
5
Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, -and
Prescriptions on May 15,2001, and that Collaborative negotiations had reached an impasse without
resolutiorr, NFWC has acted without delay to protect its interests before this Commission by the filing
of the within motion. This proceeding still remains in its preliminary stages.
Therefore, consistent with g'olverine and other Commission precedent, NFWC's motion to
intervene should be granted by the Commission.
IV. ' NFWC's Interests Cannot Be Adequately Represented Absent
Intervention
The Commission has consistently allowed motions to intervene out of time when the interests
ora movant cannot be adequately represented by another party. See Sea Robin Pipeline Co., 49
FERC ¶ 61,010, reh 'g denied, 49 FEKC ¶ 61,351 (I 989) (late intervention granted when intervenor
was allocated a significant sum of the take-or-pay eosts at issue, it had a substantial and direct interest
in the proceeding, and its interest would not have been represented by another party); Louisiana
Intrastate Gas Corp., Southern Natural Gas Co., 25 FERC ¶ 61,167 (1983).
Because of the magnitude of NFWC's surface water rights in the Santa Ana River and the
§evere economic harm that NFWC will incur if the FERC ultimately adopts the release proposed by
EDISON, NFWC cannot simply abrogate its statutory obligation and rely upon other entities to
represent the interests of NFWC's constituents. Therefore, NFWC's motion to intervene should be
granted so that it may preserve and protect NFWC's surface water rights in the Santa gna River.
V. No Disruption, Delay, Or Prejudice To Other Parties Will Be
Caused By Grantin~ NFWC's Motion To Intervene
This proceeding is at its preliminary stages. The deadline for filing comments with FERC on
the environmental analysis for EDISON's application is still nearly three (3) months away.
Because of the early state of the proceeding, no dehy will result ifNFWC's motioh to
intervene is granted. Likewise, no party's interests will be prejudiced by NFWC's intervention. The
Commission's policy is to liberally grant late interventions at the early stages ofaproceeding precisely
because such intervention will"neither disrupt the proceeding nor prejudice the interests of any other
party." Transcontinental Gas Pipe Line Corporation, 79 FEKC ~ 61,205 at 61,950 (1997).
Accordingly, the Commission should grant NFWC's motion to intervene.
VI.' Entry To The Service List
Should the Commission grant intervention as requested, please include the following name
to the official service Est:
Steven M. Kennedy
Brunick, Alvarez & Battersby
1839 Commercenter West
Post Office Box 6425
San Bernardino, CA 92412
CONCLUSION
For all of the foregoing reasons, NFWC respectfully requests that the Commission issue an
order granting this motion for intervention in this proceeding pursuant to Rule 214(d).
Respectfully submitted,
Dated: June 5, 2001 BRUNICK, ALVAREZ & BATTERSBY
Steven M. Kennedy
Attorneys for NORTH FORK WATER COMPANY
CERTIFICATE OF SERVICE
I hereby certify that I have this day caused the foregoing document to be served upon all
known parties in this proceeding by mailing first-class a copy properly addressed to each party on the
attached service list.
Dated at San Bernaxdino, Califomia, this ~7¢fdayof ~ ,2001.
Service List for P-1932, 1933 & 1934 ' 6/-7/01
Principal/Party Name/Address Representative Name/Address
Peter V. Allen ANDREW BARNSDALE
California Public Utilities Commission California Public Utilities Commission
ROOM 5130 CALIFORNIA STATE BUILDING
505 Van Ness Avenue 505 Van Ness Avenue
San Francisco, CA 94102-3214 San Francisco, CA 94102-3214
Aroceles Aguilar Esq.
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102-3214
Jim Edmondson, Conservation Director Richard Roos-Collins, Director of Litigation
California Trout, inc. Natural Heritage Institute
5436 Westview Ct. 2140 Shattuck Avenue, Suite 500
Westlake Village, CA 91362-5458 Berkeley, CA 94704-1210
Fontana Union Water Company ROBIN M. NUSCI--[LER
Akin, Gump, Strauss, Hauer & Feld, LLP
Suite 400
1333 New Hampshire Avenue NW
Washington, DC 20036-1511
Fontana Union Water Company Thomas H. McPeters
McPeters, McAIearney, Schimoff & Hatt
4 W. Redlands Blvd:, 2"d Floor
Redlands, California 92373
YEN CARVILLE
Friends of the River
912 20'h Street
Sacramento, CA 95814-3115
Joseph F. Stejskal
Lytle Creek Water'Conservation Association
Post Office Box 920
San Bernardino, CA 92377-0920
Samuel H. Fuller, CPS Manager Taylor Miller
San Bemardino Municipal Water Dept. Downey, Brand, Seymour & Rohwer
Post Office Box 5906 '555 Capitol Mall, FI. I0
San Bemardino, CA 92412-5906 Sacramento, CA 95814-4504
Service List for Motion for Intervention 9
Principal/Party Name/Address Representative Name/Address
Vivian R. Null, Vice President
San Bernardlno Valley Adubon
Post Office Box 1954
Wrightwood, CA 91770-0800
John Irwin
Southern California Edison Company
Post Office Box 800
Rosemead, CA 91770-0800
Lawrence D. Hamlin, Vice President Bryant Danner
Southern California Edison Company Southern California Edison Company
Attn: Hydro Generation Division Post Office Box 800
300 N. Lone Hill Ave. Rosemead, CA 91770-0800
San Dimas, CA 91773-1741
Anthony W. Araiza, General Manager
West San Bernardino County Water Dist.
Post Office Box 920
Rialto, CA 92377-0920
Daniel C. MCHugh Donald H. Clarke, Esq.
City of Redlands Wilkinson, Barker, Knauer, LLP
Post Office Box 3005 2300 N. Street NV/, Suite 700
Redlands, CA 92373-1505 Washington, DC 20037-1122
Nino J. Mascolo
.Southern California Edison Company
Post 'Office Box 800
Rosemead, CA 91770-0800
Jack Gipsman, Esq. Brad Powell
USDA Forest Service USDA Forest Service
Office of Generat Counsel U.S. Department of Agrlculture
33 New Montgomery St., 17 Fl. ?acific SW Region 5, MRM-Lands Staff
San Francisco, CA 94105-4506 1323 Club Drive
Vallejo, CA 94592-1110
Gene Zimmerman, Forest Supervisor
USDA Forest Ser¥ice
873 N. Main Street
Bishop, CA 93514-2429
Service List tbr Motion l'or lotervcntion 10
BRUN[CK, ALVAREZ & BATTERSBY ,~
June 7, 2001
Federal Energy Regulatory Commission
Office of the Secretary
888 First Street, N.E. Room lA
Washington, D.C. 20426
Re: Motion for Intervention by East Valley Water District
Dear Secretary: .
Please find enclosed the original and fifteen copies ora Motion in Intervention by East
Valley Water District in the matter ofh~ re Al)P/ica/ion of So~ilhern California Edison Company
for Licensing of Santa'Ana Nos. I and2, Lylle Creek andMi/l Creek No& 2and3, Project
Numbers 1932-004, 1933-010 and 1934-010. It would be greatly appreciated if you would file
the original and return a conformed copy to us in the enclosed stamped, self-addressed envelope.
Should you have any questions or need any additional information concerning this request,
please feel free to contact Steven M. Kennedy at the above-referenced telephone number.
Thank you for your anticipated assistance.
Very truly your%
BRUNICK, ALVAREZ & BATTERSBY
Secretary for Steven M. Kennedy
\jmc
Enclosures: (as stated)
cc: Robert E. Martin, General Manager (w/encls.)
East Valley Water District
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
In re Application off )
) Project Nos.: 1932-004,
Southern California Edison Company ) 1933-010,
for Licensing of . ) 1934-010
Santa AnaNos. 1 and 2, )
Lytle Creek, and )
Mill Creek Nos. 2 and 3 )
)
MOTION FOR INTERVENTION
BY
EAST VALLEY WATER DISTRICT
Pursuant to Rule 214(d) (18 C.F.R. Section 385.214) of the Rules of Practice and Procedure
of the Federal Energy Regulatory Commission ("FERC" or "the Commission"), EAST VALLEY
WATER DISTRICT ("EVWD") hereby moves to intervene in the above-docketed proceeding.
I. EVWD's Interest In These Proceedings
EVWD is a self-governing special district duly organized and operating as a County Water
District under California Water Code Section 30000 et seq. Under its enabling legislation, EVWD
has broad statutory power to fttmlsh, store, conserve, appropriate, acquke, divert, sell, and otherwise
make use of the water supplies within its jurisdictional boundaries. Water Code Sections 31000,
31020-31023, 31026, 31033, 31035. The District is also empowered to represent its inhabitants,
landowners, and Water users in legal proceedings involving said water resources. Water Code
Sections 31081-31082.
///
EVWD was formed in 1954 and covers an area of approximately 25 square miles ir[ the ' '
County of San Bemardino. EVWD provides water and sewer service to residential, commercial, and
industrialproperties within the Cities of Highiand and San Bemardino and in unincorporated portions
of the County of San Bemardino, and serves a population of approximately 56,000 people.
EVWD owns and operates 21 wells and appurtenant pipelines and other facilities from which
it extracts approximately 19,000 acre feet of groundwater per year from the San Bernardino Basin
Area (which includes the Bunker Hill Basin and the Lytle Creek Basin) for direct delivery to its
customers.
EVWD also receives surface water from the Santa Aria River pursuant to its stock ownership
ora majority of shares in the NORTH FORK WATER COMPANY (hereinafter "NFWC"), a mutual
water company incorporated and existing under the laws oftbe State of California. NFWC holds
surface water rights in the Santa Ama River pursuant to an agreement entered into with Bear Valley
Land and Water Company [the predecessor in interest to the Bear Valley Mutual Water Company
(hereinafter "BVMWC")] in 1885 (hereinafter "the NORTH FORK AGREEMENT"). Tbe NORTH
FORK AGREEMENT quantitied NFWC's rights to the natural flow of the Santa Ama River during
the summer months as follows:
June 500 inches (10 cfs)
July 600 inches (12 els)
August 600 inches (12 els)
September 550 inches (11 cfs)
October 450 inches (9 cfs)
November 400 inches (8 cfs)
During the remaining months, NFWC is entitled under the NORTH FORK AGREEMENT to one-
fourth of all the water flowing in the Santa Aria River.
///
2
These rights were later recognized i~ a stipulated judgment entered into in 1977 betwee~Big ' '
Bear Municipal Water D~rict and several water companies representing water users and overlying
owners within the San Bernardino Basin. Big Bear l~icnicipal Water District y. North Fork Water
Company, et al., San Bemardino County Superior Court Case No. 165493 (hereinafter "the NORTH
FORK JUDGIvlENT").
Further, NFWC's surface water rights are included in the Santa Aha River - Mill Creek
Cooperativ& Proj eot Agreement (hereinafter "the EXCHANGE PLAN") entered into in 1976 between
the 8AN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT (hereinafter "SBVMWD"),
NFWC, and various entities with rights in the Santa Arm River and Mill Creek. Under the
EXCHANGE PLAN, SBVMWD contributes import water from the State Water Project and the
parties to the EXCHANGE PLAN are then able to use all of this water on an integrated basis utilizing
a coordinated system of mutual exchanges and transfers.
The EXCHANGE PLAN also provides that aManagement Committee is set up to administer
the provisions thereof. As such, SBVMWD makes available to the Management Committee its
.import water from the State Water Project for deliveu and use as "Exchange Water." This
"Exchange Water" is delivered to a party in exchange for an equal mount of that party's "Entitlement
Water" made available to the Management Committee for delivery and use pursuant to the terms of
the EXCHANGE PLAN. With respect to "Entitlement Water" in the Santa Aha River, the Exchange
Plan provides that NFWC, BVMWC, and Lugonia Water Company together own maximfim
instantaneous rates of flow of 88 cfs.
In reliance upon NFWC's rights to the Santa Aha River as deser~ed above, EVWD incurred
bonded indebtedness in the mount of $7.65 million and designed, constructed, and installed the City
Creek Treatment Plant in 1994 for the purpose of treating and delivering water frora the Santa
River to EVWD's customers. This project included the erection of a four million-gallon-per-day
("mgd") treatment plant, associated chemical feed systems, construction ora control building, apre-
engineered building, a three-milh'on-gallon reservoir, a pump station, and associated site, piping, and
electrical work. The City Creek Treatment Plant is designed to be expanded to eight (8) mgd.
As pan of its operation of the City Creek Treatment Piant, EVWD takes water ~omtha Santa
Ava River at the Noah Fork weir located in the area of Mentone immediately downstream from the
site of the Seven Oaks Dam.
In part, EVWD entered into the above obligations in reliance upon the historic operation and
use of SOUTH~P,~ CALIFORNIA EDISON COMPANY (hereinafter "EDISON"), including the
water diversion, generation, and conveyance facilities which are the subject of these proceedings. As
a source of water for irrigation and municipal uses, the San Bernardino Valley area has historically
depended upon the water available through the sUrface diversions and hydroelectric operations of
EDISON on Lytle Creek, the Santa Aha River, and Mill Creek. EDISON and its predecessors
developed diversion works, canals, and powerhouses along these streams, and numerous local water
'agencies constructed pipeline distribution systems to redivert water from the af~erhays of the
powerhouses for conveyance to their various uses. These local distribution systems and uses are
dependent upon continuance of the EDISON diversions.
II. EVWD's Objections To The Application
EDISON has applied to FERC for new licenses to operate the powerhouses on Lytle Creek,
Mill Creek, and the Santa Aha River. As part of its relieensing application, EDISON proposes to
bypass flows in these watercourses, including those above EDISON's Santa Aha Powerhouse No.
1 and Mill Creek Powerhouse No. 2, In theory, the water now generating electricity in those
4
powerhouses would sknply be passed downstream for use in its lower powerhouses. In facf,
however, such a change in operations would have profound adverse effects upon EVWD and its '
inhabitants, landowners, and water users, and upon the environment of the San Bemardino Valley.
Accordingly, EVWD urges continuation of the present diversions at Santa Aha No. 1 and Mill Creek
No. 2, and submits the follo wing preliminary objections to the EDISON plan without waiving its right
to submit subsequent comments and objections thereto:
A. Lost Water
Allowing the water to remain in these streams, above the Santa Aha Powerhouse No. 1 and
Mill Creek Powerhouse No. 2, would reduce the historic flow to the San Bemardino Valley,
particularly in the critical summer months. Much of the water will be lost to evaporation and
transpiration in and adjacent to the streams. Water use requirements within the San Bernardino
Valley will necessitate replacement of this lost water supply from sources outside the San Bemardino
Valley.
B. High Cos.~; Of Replacement Water
To the extent that alternate water supplies to replace such lost water are available through the
· State Water Project, the cost of importing this water and pumping it over the Tehachapi Mountains
is exorbitant. Additionally, amortization of capital costs for the facilities required to collect and
convey the water to the San Bemardino Valley is also significant. Further, this replacement water
is also poorer in quality and substantial treatment will be required.
C QualiW Degradation
Water that is left in the streams and recaptured below the EDISON afterbays in question will
be poorer in'quality than the water received under present operations. Additional treatment may be
required to purify this water for domestic purposes.
5
D. Adverse Environmental Changes
EDISON and its predecessors have diverted the water f~om Lytle Creek, Santa Ana River,
and Mill Creek for about 100 years. Altering these historic practices will have many environmental
effects on the streams in question, including but not limited to (1) changes in hydrologic
characteristics of the streams, (2) changes in native vegetation, (3) changes in fish and wildlife, (4)
changes in recreational use, (5) changes in water quality, and (6) changes in the water supply
characteristics of the groundwater basins in the downstream area. All of these impacts must be
carefully evaluated for all seasons oftbe year before the proposed modification of diversion practices
is authorized.
Moreover, environmental damage will not be 1/mited to those particular streams in the San
Bemardino Valley, since any area ~om which the necessary replacement water is taken will also
suffer adverse environmental effects. For example, lifting such water over the Tehachapi Mountains
involves fuel-burning generation to produce the electricity involved. The environment al impact would
be even more serious if southern California sources were utilized for replacement water.
III. Good Cause Exists To Grant EVWD's Motion To Intervene
The Commission has granted motions out of time to intervene in situations where a new issue
has been injected into the proceeding after publication of notice in the Federal Register. See
Wolverine Power Corp., 45 FERC ¶ 61,310, reh 'g, 85 FEKC ~161,066 (1988) (Wolverine); see also
Williston Basin Interstate Pipeline Co., 49 FERC ~ 61,284 (1989) (Commission granted five late
motions to intervene when movants had been"caught off guard" when Commission, by letter order,
decided issues that had never before been addressed); Southern Natural Gas Co., 23 FERC ¶ 61,095
(1983) (untimely motion to intervene granted when Company did not recognize the extent of
jeopardy it faced in pipeline PGA proceeding until.after issuance of order).
EVWD is a member of the Water Agencies Task Force that has participated in the East End
Relicensing Collaborative Process (hereinatter "the Collaborative") during the last three (3) y~ars.
Upon learning on or about May 31, 2001, that FERC had issued aNotice of Application Ready for
Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and
Prescriptions on May 15,2001, and that Collaborative negotiations had reached an impasse without
resolution, EVWD has acted without delay to protect its interests before this Commission by the filing
of the within motion. This proceeding still remains in its preliminary stages.
Therefore, consistent with Wolverine and other Commission precedent, EVWD's motion to
intervene should be granted by the Comm~sion.
IV. EVWD's Interests Cannot Be Adequately Represented Absent
Intervention
The Commission has consistently allowed motions to intervene out of time when the interests
of a movant cannot be adequately represented by another party. See Sea Robin Pipeline Co., 49
FERC ~ 61,010, reh 'g denied, 49 FERC ¶ 61,351 (1989) (late intervention granted when intervenor
was allocated a significant sum of the take-or-pay costs at issue, it had a substantial and direct interest
in the proceeding, and its interest would not have been represented by another party); Louisiana
'Intrastate Gas Corp., Southern Natural Gas Co., 25 FERC ¶ 61,167 (1983).
Because of the magnitude of EVWD's surface water rights in the Santa Ana River and the
severe economic harm that EVWD will incur if the FERC ultimately adopts the release proposed by
EDISON, EVWD cannot simply abrogate its statutory obligation and rely upon other entities to
represent the interests of EVWD's constituents. Therefore, EVWD's motionto intervene shouldbe
granted so that it may preserve and protect EVWD's surface water rights in the Santa Arm River.
///
///
7
V. No Disruption, Delay, Or Preiudice To Other Parties Will Be
Caused By Granting EVWD's Motion To Intervene ~
This proceeding is at its preliminary stages. The deadline for filing comments with FERC on
the environmental analysis for EDISON's application is still nearly three (3) months away.
Because of the early state of the proceeding, no delay will result if EVWD's motion to
intervene is granted. Likewise, no party's interests will be prejudiced by EVWD's intervention. The
Commission's policy is to liberally grant late interventions at the early stages ofaproceeding precisely
because such intervention will"neither disrupt the proceeding nor prejudice the interests of any other
party." Transcontinental Gas Pipe Line Corporation, 79 FERC ¶ 61,205 at 61,950 (1997).
Accordingly, the Commission should grant EVWD's motion to intervene.
VI. Entry To The Service List
Should the Commission grant intervention as requested, please include the following name
to the official service list:
Steven M. Kennedy
Bnmick, Alvarez & Battersby
1839 Commercenter West
Post Office Box 6425
SanBemardino, CA 92412
CONCLUSION
For all of the foregoing reasons, EVWD respectfully requests that the Commission issue an
order granting this motion for intervention in this proceeding pursuant to Rule 214(d).
Respectfully 'submitted,
Dated: June 5, 2001 BR~C~K~iLVAREZ & BATTERSBY
Steven M. Kennedy
Attorneys for EAST VALLEY WATER DISTRICT
CERTIFICATE OF SERVICE
I hereby certify that I have this day caused the foregoing document to be served upon all
known parties in this proceeding by ma[Iing first-class a copy properly addressed to each party on the
attached service list.
Dated at San Bernardino, California, this ~_ day of ~ ,
2001.
Service List for P-1932, 1933 & 1934 6/7/01
Principal/Party Name/Address Representative Name/Address
Peter V. Allen ANDREW BARNSDALE
California Public Utilities Commission California Public Utilities Commission
ROOM 5130 CALIFORNIA STATE BUILDING
505 Van Ness Avenue · 505 Van Ness Avenue
San Francisco, CA 94102-3214 San Francisco, CA 94102-3214
Aroceles Aguilar Esq.
California Public Utililies Commission
505 Van Ness Avenue
San Francisco, CA 94102-3214
Jim Edmondson, Conservation Director Richard Roos-Collins, Director of Litigation
California Trout, inc. Natural Heritage Institute
5436 Westview Ct. 2140 Shattuck Avenue, Suite 500
Westlake Village, CA 91362-5458 Berkeley, CA 94704-1210
Fortrans Union Water Company ROBIN M. NUSCHLER
Akin, Gump, Strauss, Hauer & Feld, LLP
Suite 400
1333 New Hampshire Avenue NW
Washington, DC 20036-1511
Fontana Union Water Company Thomas H. McPeters
McPeters, McAlearney, Schimoff& Hatt
4 W. Redlands Blvd., 2"a Floor
Redlands, California 92373
YEN CARVILLE
Friends of the River
912 20~h Street
Sacramento, CA 95814-3115
Joseph F. Stejskal
Lytle Creek Water Conservation Association
Post Office Box 920
San Bernardino, CA 92377-0920
Samuel H. Fuller, OPS Manager Taylor Miller
San Bernardino Municipal Water Dept. Downey, Brand, Seymour & Rohwer
Post Office Box 5906 555 Capitol Mall, Fl. 10
San Bernardino, CA 92412-5906 Sacramento, CA 95814-4504
Slervice !,ist for Motion for Intervention 9
Principal/Party Name/Address Representative Name/Address
Vivian R. Null, Vice President
San Bernardino Valley Adubon
Post Office Box 1954
Wrlghtwood, CA 91770-0800
John Irwin
Southern California Edison Company
Post Office Box 800
Rosemead,.CA 91770-0800
Lawrence D. Hamlin, Vice President Bryant Danner
Southern California Edison Company Southern California Edison Company
Attn: Hydro Generation Division Post Office Box 800
300 N. Lone Hill Ave. Rosemead, CA 91770-0800
San Dimas, CA 91773-1741
Anthony W. Araiza, General Manager
West San Bernardino County Water Dist.
Post Office Box 920
Rialto, CA 92377-0920
Daniel C. McHugh Donald H. Clarke, Esq.
City of Kedlands Wilkinson, Barker, Knauer, LLP
Post Office Box 3005 2300 N. Street NW, Suite 700
Redlands, CA 92373-1505 Washington, DC 20037-1122
Nino J. Mascolo
Southern California Edison Company
Post Office BOX 800
Rosemead, CA 91770-0800
Jack Gipsman, Esq. Brad Powell
USDA Forest Service USDA Forest Service
Office of General Counsel U.S. Department of Agriculture
33 New Montgomery St., 17 FI. Pacific SW Region 5, MRM-Lands Staff
San Francisco, CA 94105-4506 1323 Club Drive
Vallejo, CA 94592-1110
Gene Zimmerman, Forest Supervisor
USDA Forest Service
873 N. Main Street
Bishop, CA 93514-2429
Service List For Motion for Intcrventim~ l 0
SHEKINAH GLORY MINISTRIES
(Called to Serve and Equip, Eph. 4:11-13)
5878 McKINLEY AVE.
SAN BERNARDINO, CA. 92404
(909) 862-0759
6/11/01
RE: Building at 7920 Webster St
TO: East Valley Water District.
Dear Bob Martin,
As per our conversation on 6/11/01, I am writing you in regards to the
possibility of renting your available space at 7920 Webster St., Highland, Ca. 92346.
We originally leased the building from Vesta Charbonneau, as the Shekinah
Glory Foursquare Church. We also remodeled Suite A to accommodate public
meetings, as well as procuring the necessary Conditional Use Permit from the City
of Highland. My former denomination chose not to renew the lease at the end of its
term and to my knowledge it has remained vacant up to this present time.
We respectfully ask that you and your board consider renting to us once
again, not as a church, but as a faith based organization with a wide range of
involvement in the cities of Highland and San Bernardino. Your building would
serve us well in accommodating meetings with Pastors, Civic Leaders, Teachers,
Fire & Rescue~ and Law Enforcement.
The neutral setting of your building, in contrast to a designated facility, such
as the Police Dept., school, or local church, would also serve us well. Your building
would be an ideal place of common ground, to discuss local issues with the various
personalities of the city, In the past we have used all of the above mentioned
facilities, for a variety of reasons and topics, with no problems of any kind. However,
with our own building it would be much easier to schedule and arrange meetings.
Our focus is to work with the different city agencies, collectively, and
separately, to meet some of the challenges we face as a community. Our goal is to be
a bridge for crisis intervention and offer help through our common faith and shared
concerns for our community.
As for your legal concerns, that you voiced in our conversation, regarding
renting to a religious organization; the Supreme Court has just this day (6/11101)
passed a ruling stating, "allowing meetings of a religious nature on public grounds,
or in public buildings, does not constitute a State endorsement of Religion."
We believe our involvement would be a positive, life giving, resource to the
area. And it seems quite appropriate, if we were able to use your building, that we
would be renting from the "Water Company," a life giving resource to the city.
Thank you for taking the time to read this letter and for our conversation on
the telephone. If you have any questions or need any additional information, please
feel free to call me at your convenience.
Respectfully Submitted,
Ray Miller/President
Shekinah Glory Ministries
RELEASE OF LIENS
MAY 25, 2001 - JUNE 6, 2001
ACCOUNT RELEASE OWNERS PROPERTY AMOUNT
NUMBER DATE NAME ADDRESS OWED
1. 001-0165-2 06/06/01 1364 35TH ST 99.85
2. 008-1112-2 06/06101 26869 HILLVlEW ST 102.02
3, 014-0083-2 06/06/01 5661 DOGWOOD ST 43.36
4. 015-0078-5 06106101 5506 ELMWOOD RD 94.12
5. 034-0015-6 06/06/01 2703 FAIRFAX DR 111.92
6. 042-0014-2 06/06/01 3143 SANCHEZ ST 162.03
7. 101-0030-5 06/06/01 7544VALARIA DR 334.08
8. 102-0020-0 06106101 24673 6TH ST 25.04
9. 123-t167-2 06/06/01 29342 CLEARVlEW LN 95,23
125-0067-5 06106/01 7568 CANYON OAK DR 129.82
11. 131-0157-1 06/06/01 27686 21STST 153.87
12. 142-0057-1 06/06101 2895 PEPPER ST 145.06
13. 164-0668-1 06106101 29070 GARDEN CRESCENT CIR 98.55
?
TOTAL /~ $1,594.95
+PAID THROUGH TAX ROLLS
Page 1 of 1
RELEASE OF LIENS
JUNE 7, 2001 - JUNE 21, 2001
ACCOUNT RELEASE OWNERS PROPERTY AMOUNT
NUMBER DATE NAME ADDRESS OWED
1. 034-0015-7 06/14/01 2703 FAIRFAX DR 81.57
2. 093-0013-3 06/14/01 26891 9TH ST 116.41
3. 094-0252-2 06114/01 7831 BONNIE ST 31.43
4. 142-0057-2 06114101 2895 PEPPER ST 94.09
5. 004-0093-8 06/21/01 26063 9TH ST 19.37
6. 021-0144-5 06/21/01 2249 TOLUCA DR 48.33
7. 071-0t33-4 06121/01 7068 ELM AVE 128.57
8. 101-0091-7 06/21/01 7426VICTORIA AVE 82.07
TOTAL
+PAID THROUGH TAX ROLLS
Page 1 of 1
S~ BEKNAKDINO VALLEY WATI~t~' CONSERVATION DISTtLICT
Estabhshed 1932
I630West P..edlands Boulevard, Suite A EO. Box 1839
R. edlands, CA 92373-8032 R. edlands, CA 92373-0581
(909) 793-2503 Email: sbvwcd~eee.org
Fax: (909) 793-0188
~ IS OUP,
June 7, 2001 i '
General Manager
East Valley Water District
P.O. Box 3427/1155 Del Rosa Avenue
San Bemardino, CA 92413-3427
Dear Mr. Martin:
On June 1, 2001, the San Bemardino Valley Water Conservation District (Conservation
District) delivered to the State Water Resources Control Board, Water Rights Division,
an Application to Appropriate Water by Permit ("Application"). This action was done
for two principal reasons. First the Conservation District wishes to protect the integrity
of its historical practice of diverting surface waters in the Santa Aha River and its
tributary, Mill Creek, which date back to 1911. Second, the Conservation District wishes
to assist the United States Fish and Wildlife Service ("Service") and other resource
agencies in their efforts to provide habitat preservation and enhancement of endangered
plant and biotic communities, on property the Conservation District owns, as may be
required in connection with mitigation imposed on the operation of Seven Oaks Dam.
The Application is made pursuant to State Water Resources Control Board (SWRCB)
Order WR 2000-12, overturning the Fully Appropriated Stream Declaration for the Santa
Ana River. In the hearings leading up to that Order, the Conservation District presented
evidence that there was no "new" water for additional appropriation in Reaches 5 and 6
of the Santa Ana River, and therefore no grounds for finding changed circumstances for
overturning the fully appropriated stares of these Reaches of the stream. The Order made
no finding regarding specific amounts of water available for appropriation, but did find
the construction of Seven Oaks Dam constitfited a sigrnficant change in conditions that
would affect the patterns of flows below the dam, and make it feasible to divert more
water. Conservation District expects the issue of the quantity of such additional water in
these Reaches of the Santa Ana River will be tested through proceedings on this and
related applications. Based on the evidence and administrative record leading up to
SWRCB WR 2000-12, however, to the extent the SWRCB considers granting
appropriative licenses for new diversions in Reaches 5 and 6 of the Santa Aha River,
Conservation District requests that its application be considered along with all others, to
assure its continuing groundwater supply and quality enhancement activities. As a
consequence of the Order, Conservation District has included diversion points at the
Seven Oaks Dam as its uppermost point of diversion on the Santa Aha River portion of
the stream.
]3OA1KD Bert Marcum, Jr. Arnold I..Wright Cheryl A.Tubbs GENEI:L,'CL D. Burnell Cavender, AICP
OF Clare Henry Day Sterling Woodbury Melody Henriques MANAGER.
DIi~ECTOKS Manuel Aranda,jr.
This Application reflects the historical activities of the District to make water available to
local producers and purveyors. These activities have been, and will continue to be,
conducted in a subordinate manner to agencies with prior fight to water in both the Santa
Ama River and Mill Creek. The Application contemplates that the Service and U.S.
Army Corps of Engineers (Corps) will construct a new diversion about 2 miles
downstream of Seven Oaks Dam, and downstream of the confluence of the Santa Ama
River with Mill Creek, for the purpose of enhancing the habitat of the San Bemardino
Merriams kangaroo rat, Santa Ama River woolly star, and slender-homed spine flower on
land owned by the Conservation District. The Application identifies that diversion of
water, recognizes it will be used for environmental enhancement, and assumes there will
also be incidental groundwater recharge, groundwater storage, and groundwater quality
enhancement. Alt other diversions listed in the Application, except Seven Oaks Dam
itself, are those that have existed for many years.
Conservation District staff members are available to answer any questions you may have,
or provide a copy of the Application. The Application includes several color photos and
large-sized color maps to help illustrate locations and conditions. The copies that we will
make available will be black and white copies of the photos and highly condensed
versions of the maps. You are welcome to visit the office to view the color photos and
maps. Should you desire color copies, we will need to recover the duplicating cost.
Yours truly,
D. Burnell Cavender, AICP
General Manager
CALIFORNI& STATE UNIVERSITY COLLEGE OF EXTENDED LEARNING
SAN BERNARDINO (909) 880.897§ '"
5500 University Parkway, San Bernardino, CA 92407-2397 fax: (909) 880-5907///
June 1, 2001
Dear Water Resources Institute Conference Past Participant:
Plans are currently underway for Sharing the Waters: The Second Annual Water Resources
Institute Conference to be held October 18-19, 2001 at California State University, San
Bemardino. Please mark your calendar and save the dates for this important conference.
Your invitation to attend will be sent out in July, This year's invited speakers include
Senator Diarme Feinstein (who will address her Cal-Fed appropriations bill) and Con-
gressman Joe Baca. This year's conference will also include an award luncheon for former
State Senator Ruben Ayala.
Please plan to join representatives from academia, local water agencies, elected officials,
the business community, and environmental groups who want to know the latest issues in
California's water politics.
We look forward to seeing you in October.
Cordially,
Jeff Davis, Director
Water Resources Institute
The California State University
Bakerzfield · Channel Ialands · Chico · Domingue~ Hill~ · Fresno · Fullerton · Hayward · Humboldt · Long Beach · Los Angeles · Maritime Academy
California Department of Forestry and Fire Protection
San Bernardino Unit
Vegetation and Fuels Condition Seminars
Date: Tuesday July 17, 2001
Time: Session I (Fire Service Focused) 9:00 a.m. to 12:00p. m.
Session H (Community Focused) l:OO p. na to 4:00 p. na
Location: CDF San Bernardino Unit Headquarters
Training Center
3800 N. Sierra Way
San Bernardino, Ca. 92405
On April 6, 2001 the California Department of Forestry and Fire Protection (CDF), San Bernardino
Unit held "Fire Plan Conference 2001". Individuals attending this conference recommended that
CDF engage all watershed users in educational efforts, which foster the protection of communities
and management of natural resources. This seminar event ls an initial step in that process.
Agenda
I. Introduction: Why You ShouM Be Knowledgeable and Informed of
Vegetation and Fuel Conditions
By: Tom O'Keefe, San Bernardino Unit Chief
IL Regional and Local Weather Outlook for 2001
Palmer Drought Index Outlook for 2001
By: Ron Hamilton U.S. Forest Service Meteorologist
IIL Fuel~Vegetation Moisture
A. What is it?
B. How is it measured?
Impacts~Fuel Model Predictions
By: Doug Forrest, CDF Forester
2
IV. 'Current (2001) Forest Insect and Disease Impacts
A. Coniferous Forest Conditions (Bark Beetle Infestations)
B. Oak Woodland Conditions (Sudden Oak Death)
By: Jack Marshall, CDF Pest Management Speciolist
C. Eucalyptus Dieback and Mortality
By: Mike Scott, City of Rancho Santa Fe, Fire Department Urban Forester
V. Watch Outs/ SafeO; Message
By: Dave Golder, CDF San Bernardino Unit Training Officer
Doug Nickles, City of Glendale, Fire Department Urban Forester
These seminars are designed to inform members of the local fire service and community residents of
the changing natural environment, in which we live and work. There is no charge to attend these
seminars. The Department does ask that you register to attend, since each session has limited seating.
Please return the following registration slip by Friday, July 6, 2001. Thank yot~
..............--- - -- please cut here and return bottom part ..............
California Department of Forestry and Fire Protection
San Bernardino Unit
Vegetation and Fuels Condition Seminars
Name
Address
Representing
Did you attend the Calif. DepL of Forestry and Fire Protection,
San Bernardino Unit, Fire Plan Conference 20017 Yes No
1 will attend themorning (9am to 12pm) Fire Service Seminar
I will attend the afternoon (Ipm to 4pm) Community Interest Seminar
Please send this part to: California Department o£Forestry and Fire Protection
3800 N. Sierra Way
San Bernardino, Calif. 92405
For questions contact: Deputy Chief Dave Neff - 909 881 6959
~' 1 STATE OF CALIFORNIA
CAI,IFORNIA ENVIRONMENTAL PROTECTION AGENCY
2 DEPARTMENT OF TOXIC SUBSTANCES CONTROL
3
4 In the Mat~er of:
5 Gibson Environmental, Inc. Docket No. I&SE 99/00-002
2401 Gibson Street
6 Bakersfield, California 93301
IMMI~iNT AND/OK SUBSTANTIAL
7 Respondents: ENDANGERMENT
DETER.MIHATION AND ORDER
8 Ever~een Environmental Services AND KEMEDIAL ACTION ORDER
6880 Smith Avenue
9 Newark, CA 94560;
10 Chevron USA Health and Safety Code
6001 Boilinger Canyon Road Se?ions 25355.5(a)(1)(B),
I l · Building K2040 25~58.3(a), 58009 and 58010
San Ra/non, CA 94583
12
Cole Services
13 P.O. Box 10764
Bakersfield, CA 93389;
14
Atlantic Pdchfield Company
15 515 South Flower Street
~' Los Angeles, CA 90071-2256;
Ramos Environmemal Services
17 1515 South R~ver Road
West Sacramemo, CA 95691;
18
United States Navy
19 Naval Facilities Engineering
Command
20 900 Commodore Drive
San Bruno, CA 94066-2402;
21
United States Air Forc~
22 333 Market Street, Room 625
San Francisco, CA 94105;
:23
United Statez Army
24 901 North Smart Street
Arlington, VA 22203 - 1837;
25
Pacific Gas & Ele~ric Co.
26 77 Beale Street
B24A, Room 24~9-A
27 San Francisco, CA 94105;
28
I
~ Texaco, Inc.
5201 Tmxtun Avenue
2 Bakersfield, CA 93309;
3 Delta T¢ch Service, Inc,
397 West Channel Road
4 Benicia, CA 94510;
Clairol, Inc..
1 Blachely Road
6 Stamford, GT 06922;
7 Dowell, Division of
Schlumberger Tech
8 6120 SnowRoad
Bakersfield, CA 93308;
9
Robertshaw Controls Company
I0 100 West Victoria Street
Long Beach, CA 90805;
1
San Francisco Paper Agency
12 925 Mission Street
San Francisco, CA 94103;
13
National Railroad Passenger Corp.
14 60 Massachusetts Avenue NE
Washington, DC 20002;
15
Betz Dearborn, Inc.
V 16 4636 SomertonRoad
Trevose, PA 19053;
17
Southern California Gas Co.
15 555 West 5th Street, Suite 2900
Los Angeles, CA 90013;
19
Ecology Controls Industries
20 19500 Normandie Avenue
Torrance, CA 90502;
21
Ex~on
22 1 5959 Las Colinas Boulevard
Irving, TX 75039-2298;
23
Statewide Environmental Services
24 200 Pine Avenue, Suite $14
Long Beach, CA 90802-3040;
25
Kaiser Aluminum &Chemical Corp.
26 6177 Sunol Boulevard
Pleasanton, CA 94566-7769;
27
28
~ 1 Duke Ener~
5400 WestK~imer Court
2 Houston, TX 77056-5310;
3 Southwest Photo Chemical, Inc.
350 Electra Street
4 Pomona, CA91766-2236;
5 Lucas Aviation, Inc.
495 South Fairview Avenue
6 Goleta, CA 93117;
7 GATX Tank Storage
Terminals Corp.
8 500 West Monroe Street
Chicago, IL 60661-3676;
9
State o£ California
10 Department of Transportation '
1120 N Street
!1 Sacramento, CA 95814;
12 Sunquest Properties, Inc.
150Executive Park Boulevard
13 San Francisco, CA 94134-3303;
14 City of South San Francisco
P.O. Box 711
15 South San Francisco, CA 94083;
~ 16 UItramar, Inc.
6000 N Loop 1604 W
17 San Antonio, TX 78249-1112;
18 Penske Truck Leasing Co.
P.O. Box 563 Route]0
19 Reading, PA 19603-7635;
20 University of California,
Santa Barbara ~
21 i Building 565, EH&S Building
Santa Barbara, CA 93106;
22
Chemical & Pigment
23 600 Nichols Road
Pittsburg, CA 94565;
24
Dignity Housing West 1I Assoc.
25 690 15th Street, Suite 400
Oakland, CA 94612;
26
Pon of Oakland
27 530 Water Street
Oakland, CA 94607;
28
I Bank of Santa Maria
P.O. Box 580
2 Arroyo Grande, CA 9342 I;
3 Baker Hughes Oiifield
Operations, Inc.
4 3900 Essex Lane, Suite 1200
Houston, TX 77027;
5
Inyo County
6 P.O. Box M
Independence, CA 93526;
7
Mehdi Rezaian
8 438 S. Oakhurst Drive, #1
Beverly Hills, CA 90212;
9
Gibson Environmental, Inc.
10 837 25thAvenue
San Francisco, CA. 84121
12 I. ~
13 1.1 Parties. The California Environmental Protection Agency, Department of Toxic
14 Substances Control (DTSC) issues this Imminent and/or Substantial Endangermem
15 Determination and Order and Remedial Action Order (Order) to: Evergreen Environmental
16 Services; Chevron USA; Cole Services; Atlantic Richfield Company, gamos Environmental
17 Services; United States Navy; Unites States Air Force; United States Army; Pacific Gas &
18 Electric Co.; T~xaco Inc.; Delta Tech Service, Inc.; Clairol, )ac.; Dowell, Division of
19 Schlumberger Tech; Robertshaw Controls Company; San Francisco Paper Agency; National
20 Railroad Passenger Corp.; Betz Dearborn, Inc.; Southern California Gas Co.; Ecology Comrols
21 Industries; Exxon; Statewide Environmental Services; Kaiser Aluminum & Chemical Corp.; Duke
22 Energy, Southwest Photo Chemical, Inc.; Luc. as Aviation, Inc.; GAT'X Tank Storage Terminals
23 Corp.; State of California, Department of Transportation; Sunquest Properties, Inc.; City of
24 South San Francisco; Ultramar, Ino.; Penske Truck Leasing Co.; University of California, Santa
25 Baxbara; Chemical & Pigment; Dignity Housing West 17 Assoc.; Pon of Oaldand; Bank of Santa
26 ', Mafia; Baker Hughes Oilfield Operations, Inc.; Inyo County; Mehdi gezaian and C~'bson
27! Environmental, Inc. (Respondent(s)).
28:
4
1 1.2 propertv/Si~e This Order applies to the property located at 2401 Gibson Street,
2 Bakersfield, Calffomia~ 93301. The main streets that border the proper~ are RosedaJe Highway
3 to the north, Gibson Strut to the e~st, End of Marriot~ Drive to the South and Frederick Avenue
4 to the west. The proper~y consists of over six (6) acres and is identi~ed by Assessor's Parcel
$ number, s) 332-230-$8-00. A map showing the Property is at~ached as Ex, bit A. An assessor's
6 parcel map and ]egsl description ofthe property are at~ached as Exhibits A-I and A-2. This
7 Order applies to the property and the a. real extent of contamination that resulted from activities on
lg the property (herelnal~er, the "Site").
9 1.3 ]~l:lillklg_Slal~. Gibson Environmental Inc. 'owned and operated a h~7,rdous
10 waste facility at the Site. {l:acility). The Facility engaged in the management of hazardous waste
11 I[ )ursuant to a permit issued by DTSC on June 2g, 191~l~ and interim status authorization obtained
12[[ i'or newly regulated wastes on September 15, 1990. The permit and interim status authorization
13 terminated on I:ebruary 4, 1995 when DTSC denied the facihty's permit renewal and permit
14 application.
15 1.4 lurisdiction. This Order is issued by DTSC to R. espondents pursuant to its
16 authority under Health and Safety Code sections 25358.3(a), 2S3$$.5(a)(1)CB), $It009 and
17
18 Health and Safety Code section 25358.3(a) authorizes DTSC to take various actions,
19 including issuance of' an Imminent or Substantial Endangerment Determination and Order, when
20 DTSC determines that there may be an imminent or substantial endangerment to the public health
21 or welfare or to the environment, because o£a release or a threatened relea~se ora hazardous
22~ substance.
23 Health and Safety Code section 25355.$(a)(l)(B) authorizes DTSC to issue an order
24' establishing a schedule for removing or remedying a release ora hazardous substance at a site, or
25 for correcting the conditions that threaten the release of a h,:'-rdous substance. The order may
26 include, but is not limited to requiring specific dates by which the nature and extent of a release
27 shall be determined and the site adequately characterized, a remedial action plan prepared and
28 submitted to DTSC for approval, and a removal or remedial action completed.
1 Health and Safety Code section 58009 authorizes DTSC to commence and maintain all
2 proper and neeess~y actions and proceedings to enforce its rules and regulations; to enjoin and
3 abate nuisances related to matters within its jurisdiction which are dangerous to health; to compel
4 the performance of any act specifically enjoined upon any person, officer, or board, by any law of
5 this state relating to matters within its jurisdiction; and/or on matters within its jurisdiction, to
6 protect and preserve the public health.
7 Health and Safety Code section 58010 authorizes DTSC to abate public nuisances related
8 to matters within its jurisdiction.
9 II.
10 DTSC hereby finds:
11 2,1 Liability of Respondent(s/. Respondent(s) is a responsible party or liable person as
12 defined in Health and Safety Code section 2532.3.5.
13 2.1.1 ]~i~[~J32~2~[~ The following Respondent(s), also collectively referred to
14 as Liquids Respondent(s), arranged by contract, agreement or otherwise for the disposal or
15 treatment ofb~,ardous substances in liquid form at the site: Evergreen Environmental Services;
16 Chevron USA; Cole Services; Atlantic Richfield Company; Ramos Environmental Services;
17 Unites States Navy; Unites States Air Force; United States Army; Pacific Gas & Electric Co.;
18 Texaco, Inc.; Delta Tech Service, Inc.; Clairol, Inc.; Dowell, Division ofScMumberger Tech;
19 Robertshaw Controls Company; San Francisco Paper Agency;, National Railroad Passenger Corp.;
20 Betz Dearborn, Inc.; Southern California Gas Co.; Ecology ContrOls Industries; Exxon;
21 Statewide Environmental Services; Kaiser Aluminum & Chemical Corp.; Duke Energy;
22 Southwest Photo Chemical, Inc.; Lucas Aviation, Inc.; GATX Tank Storage Terminals Corp.;
23 ~tate of California, Department of Transportation.
24 . 2.1.2 . ~,f,~2. The following Respondent(s), also collectively referred to
25 ~s Solids Respondent(s), arranged by contract, agreement or otherwise for the disposal or
26 treatment ofh,,-rdou~ substances in solid form at the site: State of California, Department of'
27 Transportation; Sunquest Properties, Inc.; City of'South San Francisco; Ultramar, Inc.; Penske
28 Truck Leasing Co.; Statewide Environmental Services; University of California, Santa Barbara;
I tetrachloroethene 410 mg/kg) and benzene (310 rog/kg) in liquid layer. Sludge is also flarrunable
2 (flashpoint 13701:) and is contaminated with acetone (1,300 rog/kg), methylene chloride (250
3 mg/kg), benzene(170 rng/kg), tetrachloroethene (200 rog/kg), and heavy metals (lead 210 rog/kg,
4 zinc 790 rog/kg, copper 520 rog/kg).
5 2.3.2.2 Fire water tank - 14,006 gallons of liquid. The liquid is flammable
6 (flashpoint 135°F) and is contaminated with acetone (100 rog/L), molybdenum (330 rog/kg), and
? Iow levels oftrichloroethane (15 ug/L), and methyl isobutyl ketone (4-methyl-2-pemanone 4
s mgm).
9 2.3.2.3 Slop oil tank - 14,006 gallons of liquid. The liquid is not flammable, but is
10 contaminated with methylene chloride (86 rog/kg), trichloroethane (1 ?0 rog/kg), and
11 tetrachloroethene (93 rog/kg).
12 2.3.2.4 Tank 3002 - 108,295 gallons of'liquid. The liquid is flarru'nable (flashpoint 71W).
13 The liquid is contaminated with benzene (1,300 rog&g), tetrachloroethene (140 rog/kg), acetone
14 (29 rog/L), methyl isobutyl ketone (4-rnethyl-2-pentanone 15 rog/L), and heavy metals (copper
15 3?0 rog/kg and lead 430 rog/kg).
16 2.3.2.5 ~ (#503) - 3,525 gallons of liquid. The liquid is flammable (flashpoim
17 133°F) and is contaminated with acetone ($9,000 mg/kg), benzene (1,500 rog/kg), and methyl
18 isobutyl ketone (4-methyl-2-pentanone 13,000 rog/kg).
19 2.3.2.6 Wen fi~el tank (#504) - 846 gallons of liquid. The liquid is flammable (flashpoint
20 13 I°F) and is contaminated with benzene (730 rog/kg) and tetrachloroethene (24 rog/kg).
21 2.3.2.7 Tank 1501 o 106,492 gallons of liquid. The liquid is flarmnable (flashpoint 118°F)
22 and corrosive (pH ~ 1.9). The liquid is also contaminated with chloroform (80 rog/kg), benzene
23 (620 rog/kg), trichloroethane (82 rog/kg), tetrachloroethene (100 rog/kg), and heavy metals
24 (chromium 100 rog/kg, copper 330 rog/kg, lead 580 rog/kg, and zinc 1,300 rog/kg).
25 2.3.2.8 Tank 1502 - 10,860 gallons of'liquid. The liquid is flammable (flashpoint 123~')
26 and is contaminated with acetone (110 rog/L), benzene (450 rog/kg total and 4.3 mgtL soluble),
27 tetraehloroethene (130 rog/kg), methyl isobu~l ketone (4-methyb2-pentanone 6.6 rog/L), and
281 heavy metals (barium 1,000 rog/kg, copper_470 rog/kg Iead 590 mg/kg,'and zinc 1,500 rog/kg).
1 2.3.2.9 Tank 702 - 12,945 gallons of liquid. The liquid is flammable (flashpoint 114°F)
2 and is contaminated with benzene (730 rag/kg total and 2.6 mg~L soluble), acetone (180 mg/L),
3 tetrachloroethene (100 rag/kg), and trichloroethan~ (21 rag/kg).
4 2.3.2.10 Tank 3003 - I24,154 gallons of liquid. The liquid is flammable (flashpoint
5 107°F) and is contaminated with benzene (410 rag/kg), tetrachloroethene (220 rag/kg), and heavy
6 raetals (copper 520 rog/kg, lead 590 rag/kg, and zinc 1,800 rog/kg).
7 2.3.2.11 Tank 3004,93,998 gallons of liquid. The liquid is flammable (flashpoint 126°F)
8 and is contaminated with acetone (310 mg/L), benzene (250 rag/kg total and 2.8 rag/L soluble),
9 tetrachloroethene (42 rog/kg), and heavy metals (copper 2g0 rag/kg, lead 420 rag/kg, and zinc
10 1,400 rag/kg).
1 2.3.2.12 Tank 703 - 25,914 gallons of liquid. The liquid is flammable (flashpoint 10g°F)
12 and is contaminated with acetone (37 rag/L), benzene (700 rag/kg total and 2.7 rag/L soluble),
13 tetrackloroethene (140 mg/kg), and heavy raetals (lead 830 rag/kg and zinc $00 rag/kg).
14 2.3.2.13 Tank 704 - 19,002 gallons of liquid. The liquid is flammable (flashpoint 124°F)
15 and is contaminated with benzene 490 rag/kg), tetrachlorocthene (110 rag/kg), and heavy raetals
16 0eed 370 rag/kg and zinc 1,100 mg/kg).
17 2.3.2.14 Tank 705 - 13,241 gallons of liquid. The liquid is flammable (flashpoint 1 lgm~'')
15 and is contaminated with benzene (590 rag/kg), tetrachloroethene (110 rag/kg), and heavy raetals
19 (copper 410 rag/kg, lead 470 rag/kg, and zinc 21,000 rag/kg).
20 2.3.2.15 Tank 706 - 21,306 gallons o£liquid. The liquid is flammable (flashpoint 132°F)
21 and is contaminated with benzene (170 rog/kg) and tetrachloroethene (41 rog/kg).
22 2.3.2.16 Tank 707 - 2g,211 gallons of liquid. The liquid is flammable (flashpoint 126°1)
23 and is contaminated with benzene (58 rag/kg total and 3.2 rag/L soluble), acetone (170 rag/L),
24 and raethyl isobutyl ketone (4-raethyl-2~pentanone 12 rag/L).
25 2.4 ~. The cheraicals described in Paragraph 2.3 could CaUse serious
26 adverse health effects it'persons were exposed to them over a sufficient period of time. Such
27 effects could include:
28
9
1 2.4.1 Polychlorinated Biphenyls (PCBs'~. PCBs are susp~ed carcinogens and
2 teratogens. Some epidemiologic studies have also indicated an elevated number of'first-born
3 infants with cleft pallet when pregnant mothers were exposed to ?CBs. ' ?CBs have been found to
4 induce tumors in experimental animals after repeated oral ingestion, additionally some studies
5 indicate that they cause an increased rate of liver cancer in humans. It has often been
6 demonstrated that PCBs contain trace amounts ofdioxin or dibenzo~uran~. Dioxin and
7 dibenzofi~rans have been demonstrated to be extremely toxic to lab animals. Other health effects
8 linked to exposure to PCBs include eye irritations and Chloracne, a painful and disfiguring
9 condition.
I0 2.4.2 Lead. Short term exposure to lead can cause reversible kidney damage. Longer
11 exposure at high concentration may result in progressive irreversible kidney damage and possible
12 kidney failure. Anemia is an early manifestation of lead poisoning (U.S. EPA 1985). Lead is a
13 cumulative poison with increasing amounts building up in the body until symptoms and disability
14 occur. Systemic effects include anemia, headache, tremors, paralysis without anesthesia,
15 hallucinations, and liver changes. The most serious effects associated with markedly elevated
16 blood levels are severe neurotoxic effects that include irreversible brain damage, as indexed by the
17 occurrence of acute or chronic encephalophatic symptoms (U.S. EPA), 1985).
18 2.4.3 Acetone. Moderately toxic by various routes. A skin and severe eye irritant.
19 Systemic effects by inhalation or ingestion include nausea, vomiting, muscle weakness, coma,
20 kidney damage, and changes in electroencephalogram (F_E(3) readings (central nervous system
21 changes). Dangerous disaster hn:,ard due to fire and explosion hazard.
22 2.4.4 Be~e. Confirmed human carcinogen producing myeloid leukemia, Hodgkin's
23 disease, and lymphon~s by inhalation. Human poison by inhalation and experimemal poison by
24 skin contac~ (poisoning offers observed at I rog/kg). Moderately toxic by ingestion. Syster~aic
25 effects include blood changes, and increased body temperature. Dangerous fire hazard.
26 2.4.5 ~. Chromium compounds and salts are suspected human carcinogens
27 producing tumors of the lungs, nasal c~vity, and paranasal sinus. Some forms are confirmed
28 human carcinogens. The toxicity varies depending on the type of compound or salt, but is
10
I generally considered moderately to highly toxic. Corrosive aCtion on skin and mucous
2 membranes.
3 2.4.6 Copper. Toxicity varies depending on the salt or compound. Generally, moderate
4 to low toxicity to humans with higher toxicity towards plants~ Inhalation of dust has caused
5 hemolysis of'the red blood cells and injur~ to the lung cells. Systemic effects from ingestion
6 include vomiting, gastric pain, anemia, convulsion, shock, coma, and death (deaths from copper
7 ingestion have been recorded by as little as 27 grams o£salt).
8 2.4.7 Methyl lsobutvl Ketone (4-methyl-2-pentanone or hexone~. Moderately toxic by
9 ingestion and mildly toxic by inhalation. Very irritating to skin and mucous membranes. An
10 experimental teratogen and human systemic irritant by inhalation. Moderately explosive in vapor
11 when exposed to heat. May form explosive peroxides upon exposure to air.
12 2.4.8 Methylene Chloride. Confirmed carcinogen with experimemal carcinogenic and
13 tumorigenic data. Moderately toxic by ingestion and mildly toxic by inhalation. Systemic effects
14 include convulsions, euphoria, and change in cardiac rate.
15 ! 2.4.9 Molybdenum. An experimemal teratogen. Molybdenum and its compounds are
16 highly toxic based upon animal experiments. Systemic effects include severe gastrointestinal
17 irritation with diarrhea, coma, and death from heart failure.
18 2.4.10 Tetrachloroethene (oerchloroethylene}_. Confirmed carcinogen with experimental
19 carcinogenic, neoplastigenic, and teratogenic data. Moderately toxic by inhalation with local
20 anesthetic, hallucinations, coma, and pulmonary changes.
21 2.4.11 Trichloroethane (methyl ehloroformY Moderately toxic by ingestion, inhalation, or
22 skin comact. Systemic effects include hallucinations, motor activity changes, hypermotility,
23 nausea, or vomiting. An experimental teratogen and questionable carcinogen.
24 2.4.12 Zinc. Toxicity varies with the sail/compound but is generally low for humans.
Systemic effects include pulmonary changes, weakness, generalized aching, and fever.
27
28
I 2.5.1 Exposure can take place via direct contact (skin absorption) with substances in
2 tanks or soil piles, potential ingestion of water (from groundwater or Kern River) contaminated
3 by water runoff.from soil piles, and inhalation of vapors from substances in the tanks or soil
4 particles from the soil piles dispersed by wind. Wind exposure may ~:esult in inhalation, ingestion
5 and dermal contact with the substances.
6 2.5.2 There are active and inactive wells within hairs mile radius of the Site. The Kern
7 river runs approximately 2000 feet' southeast from the site.
8 2.6 Public Health and/or Environmental R/sk.
9 2.6.1 Waste piles at the Site contain approximately 85,000 cubic yards of contaminated
10 soil. These piles have been found to contain hazardous substances, including contaminants with
11 concentrations exceeding ha:'a~rdous waste threshold levels. An interim polymer coating which
12 was applied several years ago to contain these wastes has degraded to the point of being
13 completely non-functional. The tanks at the Site currently hold approximately 675,000 gallons of
14 hazardous substances, including ignitable and toxic liquid hazardous waste. Inspection of the
15 :anks over the past few months has revealed that leakage is occurring at an increasing rate from
16 :ank valves and at least one of the tanks. The corrosion and signs of leakage that have been
17 observed indicate that the structural integrity of the piping and tanks pose a threat of release.
18 The land surrounding the site is currently use~t for light industrial and/or residential uses.
19 There are two residences within 200 meters of site and three hotels within a quarter mile. There
20 is also a restaurant, auto maintenance facility, fertilizer manufaCtUrer, and auction yard within I00
21 meters of the site. New water lines have been lald in preparation for development of land in the
22 vicinity of thc site.
23 A major tank failure could result in releasing ha-ardous substances contained in a tank or
24 tanl~ into the environment and thereby exposing persons in the vicinity of the site to direct
25 contact with the substances or to contact through inhalation of vapors from the substances.
26 Because of the ignitability characteristic of the substances in the tanks, fire or explosion could also
27 result from a tank rupture. Catastrophic failure of a tank through sudden loss of a valve or a
28 structural failure could result in a series of tanks falling at the same time due to the close
I pro'miry of the tanks to each other. This situation could generate a sudden release of hundreds
2 of thousands of gallons of ignitable and toxic b,-~rdous substances. A release of this magnitude
3 would pose a very severe fire and explosion ba?~rd in addition to a severe exposure ha2ard. The
4 environmental impact of this type of failure on soil, groundwater, and potential surface water
5 systems in the area would also be very high.
6 Persons in the vicinity of the site are also at risk fi.om the substances contained in the soil
7 piles at the site. The soil piles are exposed to the natural elements with no effective form of wind,
8 runoffor natural'soil/groundwater containment to prevent migration of contaminants. Soil in this
9 area is sandy and permeable, groundwater exists at a depth of approximately 35 feet, and the Kern
10 · river runs approximately 2000 feet southeast fi.om the site. The principal population at risk to the
11 potential exposures described above incudes workers implementing sampling and removal
12 actions, workers at adjacent properties, guests anc~ workers at various hotels and motels within a
13 mile distance ofthe area, workers and customers at businesses within halls mile of the area which
14 include restaurants, gyms and other commercial service providers.
15 III. CONCLUSIONS OF LAW
16 3.1 Respondent(s), is a responsible party as defined by Health and Safety Code
17 section 25323.$.
18 3.2 Each of the substances listed in Section 2.3 is a "h...rdous substance" a~ defined
19 in Health and Safety Code section 25316.
20 3.3 There has been a "release" and/or there is a "threatened release" of a h,7~rdous
21 substances listed in Section 2.3 at the Site, a.s defined in Health and Safety Code section 25320.
22 3.4 The actual and threatened release of hazardous substances at the Site may present
23 an imminent and substantial endangerment to the public health or welfare or to the environment.
24 3.5 :Response action is necessary to abate a public nuisance and/or to prote~ and
25 ~reserve the public health.
26'
27
28
2 4. I Based on the foregoing findings of fact and conclusions of law,. DTSC hereby
3 determines that response action is necessary at the Site because there has been a release and/or
4 there is a threatened release ora b~7,rdous substance.
5 4.2 Based 'on the foregoing findings of fact and conclusion~ of law, DTSC hereby
6 determines that there may be an imminent and/or substantial endangerment to the public health or
7 welfare or to the environment because of the release and/or the threatened release of the
8 hazardous substances at the Site.'
I0 Based on the foregoing FINDDqGS, CONCLUSIONS, AND DETER.MINATION, IT IS
I HEREBY ORDERED THAT Respondent(s) conduct the following response actions in the
12 manner specified herein, and in accordance with a schedule specified by DTSC as follows:
13 5.1 All response actions taken pursuant to this order sl~all be consistent with the
14 requirements of Chapters 6.8 (commencing with section 25300) and 6.5 (commencing with
15 section 25100), Division 20 of the Health and Safety Code and any other applicable state or
16 federal statutes and regulations.
17 5.1.1 Site Remediation Stratet, v. The purpose of this Order is to require for the Site:
18 implementation of all appropriate removal actions, including removal of all substances in tanks at
19 the Site, completion ora Remedial Investigafion/l=eas~ility Study (Pd/FS), preparation ora
20 Remedial Action Plan (RAP), preparation of California Environmental Quality'Act (CEQA)
21 documems, and Design and Implementation of the remedial actions approved in the RAP. An
22 overall Site investigation and remediation strategy shall be developed by Respondent(s) in
23 conjunction with DTSC which reflects program goals, objectives, and requirements. Current
24 knowledge of the Site contamination sources, exposure pathways, and receptors shall be used in
25 developing this strategy.
26 An objective of the Site investigations shall be to identify immediate or potential risks to
27 ~ublic health and the environment and prioritize and implement response actions using removal
28 actions based on the relative risk at the Site. Respondent(s) and DTSC shall develop and
1 possibly modify Site priorities throughout the course ofthe investigations. If necessary for the
2 protection of public health and the environment, DTSC will require additional response actions
3 not specified in the Order to be performed as removal actions. Removal actions shall be
4 implemented in accordance with a work plan and implementation schedule submitted by
$ Respondent(s) and approved by DTSC.
6 $.1.2 Removal .~¢tions. Respondent(s) shall undertake removal actions if, during the
7 course of the RI or FS, DTSC determines that they are necessary to mitigate the release of
8 h~?ardous substances at or emanating from the Site. DTSC may require Respondent(s) to submit
9 a removal action work plan that includes a schedule for implementing the work plan for DTSC's
l0 approval. Either DTSC or Respondent(s) may identify the need for removal actions.
I 1 Respondent(s) shall implement the following removal actions. Work plans for implementing the
12 following removal actions shall be submitted by the specified dates:
13 (a) Eence and Post.
14 l) Within 30 days of the effective date of this Order, Respondent(s) shall
15 i install a fence in accordance with the specifications attached as E~bit B. The fence shall
16 secure, at a minimum, the areas specified on the Site map (Exhibits ,4,, A-l, A-2).
17 2) Within 30 days of' the effective date of this Order, Respondent(s) shall
18 install signs which are visible from the area surrounding the contaminated Site and posted
19 at each route of'entry into the Site, including those routes likely to be used by
20 unauthorized persons. Such routes of entry include: access roads leading to the Site, and
21 facing rivers, creeks, lakes or other waterways which may provide a route of access to the
22 Site. The signs shall be in accordance with the specifications attached as Exhibit B.
23 3) The fence and signs shall be constructed of materials able to withstand the
24 elements and shall be continuously maintained for as long as DTSC determines it to 'be
25 necessary in order to protect public health and safety and the environment.
26 Co) D.l:~itlag~. V~r~th~n 30 days Respondent(s) shall submit a work plan
27 ~ including a schedule of implementation to DTSC for review and approval for evaluating
28 site drainage, and in particular, precipitation. The work plan should examine drainage
within secondary containment and sanitary and storm drain systems at the Site· The work
I plan shall provide for recommendations on elh~nating and/or mitigating any drainage
2 where b.~-rdous substances may be transported off.the Ske. Respondent(s) shall
3 implement any drainage control measures approved by DTSC in accordance with the
4 DTSC approved schedule.
.5 (c) Demolition/Removal of Structures. Within 60 days Respondent(s) shall submit a
6 Lvork plan for demolishing all surface structures at the Site including disposal of materials
7 at authorized facilities. Respondent(s) shall implement the work plan approved by DTSC
8 in accordance with the DTSC approved schedule.
9 (d) Interim Capning. All soil piles shall be capped with impermeable materials to limit
10 direct human contact with contaminated soil, limit infiltration of rainwater and limit wind
11 dispersion of contaminated soil. Within 60 days Respondent(s) shall submit a work plan
12 to DTSC evaluating materials that may be used to contain the soil piles at the Site,
13 including chemical stabilization, and presenting recommendations. Respondent(s) shall
14 implement the work plan approved by DTSC in accordance with the DTSC approved
15 schedule.
16 (e) ~. Within 30 days of the effective date of this Order,
17 Liquids and Owner/Operator Respondents shall submit to DTSC for review and approval
18 a work plan for removing all liquid hazardous substances fi.om the Site, including, but not
19. limited to, tanks, sumps, drums, poly containers, and facility piping. The work plan shall
20 include a site safety plan, disposal plan and transport plan as appendices. The disposal
21 plan shall include identification of all disposal and/or treatment facilities to be used,
22 description of federal and state permits, licenses and other authorizations, and writxen
23 authorization fi'om the disposal and/or treatment facility to receive the waste. Liquids
24 . and Owner/Operator Respondent(s) shall implement the work plan within 10 days after
25 receiving the approval of DTSC.
26 5.1.3 Site Remediafion Strate_s_n.t. Meeting. Respondent(s), including the Project
27 Coordinator (Section 6.1) and Project ~ngineer/Geologist (Section 6.2), shall meet with DTSC
28 within 90 days fi.om the effective date (and concurrent with the development of the RI/FS work
16
I plan) of this Order to discuss the Site remediation strategy. These discussions will include Site
2 risks and priorities; project planning, phasing and scheduling, remedial action objectives, remedial
3 technologies, data quality objectives, and the RI/FS work plan. Results of the discussions will be
4 included in the Scoping Documem, Section 5.2.2(b) of'this Order.
5 5.2 Remedial Investigation/Feasibility Smdv (RI/FSI. A RI/FS shall be conducted for
6 the Site. The RI/FS may be performed as a series of focused RI/FSs, if appropriate, based on Site
7 priorities. The RI/FS shall be prepared consistent with the U.S. Environmental Protection
8 Agency's "Guidance for Conducting Remedial Investigations and Feasibility Studies under
9 CERCLA," October 1988. The purpose of the RI/FS is to assess Site conditions and to evaluate
10 alternatives to the extent necessary to select a remedy appropriate for the Site. RI and FS
11 activities shall be conducted concurrently and iteratively so that the investigations can be
12 completed expeditiously. Because of the unknown nature of the Site and iterative nature of the
13 RI/FS, additional data requirements and analyses may be identified throughout the process.
14 Respondent(s) shall fulfill'additional data and analysis needs identified by DTSC; these additional
15 data and analysis requests will be consistent with the general scope and objectives of the Order.
16 The following elements of the RI/FS process and those defined by DTSC in Section 5.1.3
17 of'this Order shall be preliminarily defined in the initial Site scoping and refined and modified as
18 additional information is gathered throughout the RI/FS process.
19 (a) Conceptual Site Model identifying contamination sources, exposure pathways, and
20 receptors;
21 Co) Federal, State and local remedial action objectives including applicable or relevant
22 and appropriate requirements (ARARs);
23 (c) Project phasing including the identification of removal actions and operable units;
24 (d) General response ac'lions and associated remedial technology types; and
25 (e) The need for treatability studies.
26 5.2.1 ~. The objectives of the Riffs are to:
27 (a) Determine the nature and fi~ll extent ofb,-,~dous substance contamination of air,
28 soil, suffane water and groundwater at the Site.
(b) Identify all actual and potential exposure pathways and routes through
17
1 environmental media;
2 (c) Determine the magnitude and probability of actual or potential harm to public
3 health, safety or welfare or to the environment posed ,by the threatened or actual release of
4 hazardous substances at or from the Site;
5 (fl) Identify and evaluate appropriate response actions to prevent or minimize future
6 releases and mitigate any re[eases which have already occurred; and
7 (e) Collect and evaluate the information necessary to prepare a RAP.
8 5.2.2 W]~. Within 150 days from the effective date of the Order,
9 Respondent(s) shall prepare and submit to DTSC for review and approval a detailed RIFFS Work
l0 plan and implementation schedule which covers all the activities necessary to conduct a complete
II RI/FS of the Site.
12 The RIFFS Work plan shall include a detailed description of the tasks to be performed,
13 information or data needed for each task, and the deliverables which will be submitted to DTSC.
14 Either Respondent(s) or DTSC may identify the need for additional work.
15 These RUFS Work plan deliverables are discussed in the remainder of this Section, with a
16 schedule for implementation, and monthly reports. The RI/FS Work plan shall include all the
17 sections and address each component listed below.
18 (a) Project Management Plan. The Project Management Plan shall define relationships
19 and responsibilities for major tasks and project management items by Respondent(s), its
20 contractors, subcontractors, and consultants. Theplan shall include an organization chart
21 with the nanaes and titles of key personnel and a description of their individual
22 responsibilities.
23 Co) ~. The Scoping Document shall incorporate program goals,
24 program management principles, and expectations contained in the National Contingency
25 Plan (NCP) (40 Code of Federal Regulations (CFR) Part 300), as amended. It shall
26 include:
27 (I) An analysis and summary of the Site background and the physical setting.
25 At a minimum, the following information is required:
(A) A map of the Site, and ifthey exist, aerial photographs and
18
1 blueprints showing buildings and structures;
2 (B) A description of'past disposal practices;
3 (C) A list of' all hazardous substances which were disposed, discharged,
4 spilled, treat~, stored, transferred, transported, handled or used at the Site. and a
5 description ofthek estimated volumes, concentrations, and characteristics; and
6 i'D) A description of'the characteristics of the ba:'.rdous substances at
7 the Site; and
S CE) If applicable, a description of'all current and past manufacturing
9 processes which are or were related to each hazardous substance.
10 (2) An analysis and summary of previous response actions including a
11 summary of all existing data including air, soil, surface water, and groundwater data and
12 the Quality Assurance/Quality Control (QMQC) procedures which were followed;
13 (3) Presentation of the Conceptual Site Model;
14 (4) The scope and objectives of RI/FS activities; and
15 (5) Preliminary identification of possible response actions and the data needed
16 for the evaluation of alternatives. Removal actions shall be proposed if needed based on
17 the initial evaluation of threats to public health and the environment. If remedial actions
18 involving treatment can be identified, treatability studies shall be conducted during the
19 characterization phase, unless Kespondent(s) and DTSC agree that such studies are
20 unneeessaff as set forth in Section 5.4;
21 (6) If'applicable, initial presemation oft. he Site Kemediation Strategy.
22 (e) ~1~1~111. The Field Sampling Plan shall include:
23 (1) Sampling objectives, including a brief description of data gaps and how the
24 field sampling plan will address these gaps;
25 (2) Sample locations, including a map showing these locations, and proposed
26 frequency;,
27 (3) Sample designation or numbering system;
28 (4) Detailed specification of' sampling equipment and procedures;
(5) Sample handling and analysis including preservation methods, shipping
19
I requirements and holding times; and
2 (6) Management plan for wastes.generated.
3 (d) Ouali _ty Assurance Pro_iect Plan. The plan shall include:
4 (I) ' Project organization and responsibilities with respect to sampling a~d
5 analysis;
6 (2) Quality assurance objectives for measurement including accuracy,
7 precision, and method detection limits. In selecting analytical methods, Respondent(s)
g shall consider obtaining detection limits at or below potential ARA.Rs, such as Maximum
9 Contaminant Levels (MCLs) or Maximum Contaminant Level Goals 0ViCLGs);
I0 (3) Sampling procedures;
11 (4) Sample custody procedures and documentation;
12 (5) Field and laboratory calibration procedures;
13 i ((5) Analyxical procedures;
14 (7) Laboratory to be used certified pursuant to Health and Sa/'ety Code
15 section 25198;
16 (8) Specific routine procedures used to assess data (precision, accuracy and
17 completeness) and response actions;
18 (9) Reporting procedure for measurement of system performance and data
19 quality;
20 (10) Data management, data reduction, validation and reporting. Information
21 shall be ~cceas~le to downloading into DTSC's system; and
22 (I 1) Internal quality control.
23 (e) ~. A site-specific Health and Safety Plan shall be prepared
24 in accordance with federal (29 CFR 1910.120) and state (Title 8 CCR Section 5192)
25 regulations and shall describe the following:
26 (1) Field activitie~ including work tasks, objectives, and personnel
27 requirements and a description ofhaz~ardous substances on the Site;
28 (2) Respondent(s) keg personnel and responsibilities;'
(3) Potential h.~rds to workers including chemical hazards, physic~ h.~rds,
20
1 confined spaces and climatic conditions;
2 (4) Potential risks arising fi.om the work being performed including the impact
3 to workers, the community and the environment;
4 (5) Exposure monitoring plan;
5 (6) Personal protective equipment and engineering controls;
6 (7) Site controls including work zones and security measures;
7 (8) Decontamination procedures;
8 (9) General safe work practices;
9 (10) Sanitation facilities;
10 (11) Standard operating procedures;
11 (12) Emergency response plan covering workers addressing potential ha ?~rdous
12 material releases;
13 (13) Training requirements;
14 (14) Medical surveillance program; and
15 (15) Record keeping.
16 (O Other Activities. A description of any other significant activities which are
17 appropriate to complete the RI/FS shall be included.
18 (g) Schedule. A schedule which provides specific time fi-ames and dates for
19 completion of each activity and report conducted or submitted under the RI/FS Work plan
20 including the schedules for removal actions and operable unit activities.
21 5.2.3 RI/FS Worlc nlan Implementation. Respondent(s) shall implement the approved
22 Riffs Work plan.
23 5.2.4 RI/FI Work plan Revisions. Ir'Respondent(s) proposes to modify any methods
24 or initiates new activities for which no Field Sampling Plan, Health and Safety Plan, Quality
25 Assurance Project Plan or other necessary procedures/plans have been established, Respondent(s)
26 shall prepare an addendum to the approved plan(s) for DTSC review and approval prior to
27 modifying the method or initiating new activities.
28 5.3 Interim Screening and Evaluation of'Remedial Technolo_~es. At the request of
DTSC, Respondent(s) shall submit an interim document which identifies and evalaates potentiaUy
21
I suitable remedial technologies and recommendations for treatability studies.
2 5.4 ~,llltlil~t~lli~. Treatability testing will be performed by Respondent(s) to
3 develop data for the detailed remedial alternatives. Treatability testing is required to demonstrate
4 the implementability and effectiveness of technologies, unless Respondent(s) can show DTSC
5 that similar data or documentation or information exists. The required deliverables are: a work
6 ~lan, a sampling and .analysis plan, and a treatability evaluation report. To the extent practicable,
7 treatability studies will be proposed and implemented during the latter part of Site
8 characterization.
9 5.5 Remedial Investigation FRB Report, The RI Report sl~all be prepared and
10 submitted by Respondent(s) to DTSC for review and approval in accordance with the approved
I 1 RIFFS work plan schedule. The purpose of the RI is to collect data necessary to adequately
12 characterize the Ske for the purposes of defining risks to public health and the environment and
13 developing and evaluating effective remedial alternatives. Site characterization may be conducted
14 m one or more phases to focus sampling efforts and increase the efficiency ofthe investigation.
1 $ Respondent(s) shall identify the soumes of contamination and define the nature, extent, and
16 volume of the contamination. Using this information, the contaminant fate and transport shall be
17 evaluated. The RI Report shall contain:
18 (a) Site Physical Characteristles. Data on the physical characteristics of the Site and
19 surrounding area shall be collected to the extent necessary to define potential transport
20 pathways and receptor populations and to provide sufficient engineering data for
21 development'and screening of remedial action alternatives.
22 (b) Sources of Comamination. Contamination sources (including heavily
23 contaminated media) shall be defined. The data shall include the source locations, type of
24 contaminant, waste characteristics, and Site features related to contaminant migration and
25 human exposure.
26 (c) Nature and Extent of Contamination. Contaminants shall be identified and the
27 horizontal and vertical extent or'contamination shall be defined in soil, groundwater,
28 surface water, sediment, air, and biota. Spatial and temporal trends and the fate and
transport of contamination shall be evaluated.
22
I 5.6 Baseline Health and Ecological Risk Assessment. Respondent(s) shall perform
2 health and ecological risk assessments for the Site that meet the requirements of Health and Safety
3 Code §25356.1.5(b). Respondem(s) shall submit a Baseline.Health and Ecological Risk
4 Assessment Report as per the approved R-I/Fs Workplan schedule. The report shall he prepared
5 consistent with U.S. EPA and California Environmental Protection Agency guidance and
6 regulations, including as a minimum: Risk Assessment Guidance for Superfund, Volume 1;
7 Human Health Evaluation Manual, December 1989; Supeffund Exposure Assessment Manual,
8 April 1988; Risk Assessment Guidance for Superfund, Volume 2, Environmental Evaluation
'9 Manual, March 1989; and all other related or relevant policies, practices and guidelines of the
10 California Environmental Protection Agency and policies, practices and guidelines developed by
I 1 U.S.EPA pursuant to 40 CFR 300.400 et seq. The Baseline Health and Ecological Risk
12 Assessment Report shall include the following components:
13 (a) Contaminant Identification. Characterization data shall identify contaminants of'
14 concern for the risk assessment process.
15 Co) Environmental Evaluation. An ecological assessment consisting of.'
16 (I) Identification of sensitive environmems and rare, threatened, or endangered
17 species and their habitats; and
18 (2) As appropriate, ecological investigations to assess the actual or potential
19: effects on the environment and/or develop remediation criteria.
20 (c) ~g~liLg.~g~l~. The objectives of an exposure assessment are to identify
21 actual or potential exposure pathways, to characterize the potentially exposed populations,
22 and to determine the extent of the exposure. Exposed populations may include industrial
23 workers, res/dents, and subgroups that comprise a meaningful portion of the general
24 population, including, but not limited to, infants, children, pregnant women, the elderly,
25 individuals with a history of serious illness, or other subpopulations, that are identifiable as
26 being at greater risk of adverse health effects due to exposure to h.-.rdous substances
27 than the genecai population.
28 (d) .~iil~. Respondent(s) shall evaluate the types of adverse health or
environmental effects associated wi~h individual and multiple chemical exposures; the
23
I relationship between magnitude of exposures and adverse effects; and related uncertainties
2 such as the weight of evidence for a chemical's potential carcinogenicity in humans.
3 (e) ~. PJsk characterization shall include the potential risks of
4 adverse health or environmental effects for each ofth~ expoSUre scenarios derived in the
5 exposure assessment.
6 5.7 Feasibility Study (FSI Report. The FS Report shall be prepared and submitted by
7 Respondent(s) to DTSC for review and approval, no later than 60 days from submittal of'the RI
8 Report. The FS Report shall summarize the results 'of the les including the following:
9 (a) Documentation of all treatability studies conducted.
10 (b) Development of medium specific or operable unit specific remedial action
11 objectives, including legal requirements and other promulgated standards that are relevant.
1:2 (c) Identification and screening of'general response actions, remedial technologies,
13 and process options on a medium and/or operable unit specific basis.
14 (d) Evaluation of' alternatives based on the criteria contained in the NCP including:
15 Threshold Criteria:
16 (1) Overall protection of human health and the environment.
17 (2) Compliance with legal requirements and other promulgated standards that are
I 8 relevant.
19 Prirna~ Balancing Criteria:
20 (1) Long-term effectiveness and permanence,
21 (2} Reduction of toxicity, mobility, or volume through treatment.
22 (3} Short=term effectiveness.
23 [ (4) Implementability based on technical and ~lministr~tive feasibility,
24 (5) Cost.
26 (1) State and local agency acceptance.
27 (2) Community acceptance.
28 5.8 Public Participation Plan (Community_ Relations~. Respondent(s) shall work
cooperatively with DTSC in providing an ~pporcunity for meaningful public participation in
24
I response actions. Any such public participation activities shall be conducted in accordance with
2 H&SC §§ 25356.1 and 25358.7, DTSC's most current Public Participation Policy and Guidance
3 Manual, and shall be subject to DTSC's review and approval.
4 Respondent(s), in coordination with DTSC, shall conduct a baseline community survey
5 and devetop a Public Participation Plan (PPP) wMch describes how, under the Order, the public
6 and adjoining community will be kept informed of activities conducted at the Site and how
7 Respondent(s) will be responding to inquiries from concerned citizens. Major steps in developing
8 a PPP are as follows:
9 (a) Develop proposed list of interviewees;
10 (b) Schedule and conduct community interviews; and
I 1 (c) Analyze interview notes, and develop objectives.
12 Respondent(s) shall conduct the baseline community survey and submit the PPP for
13 DTSC's review within 40 days of the effective date of this Order.
14 Respondent(s) shall implement any of the public participation support activities identified
15 in the PPP, at the request ofDTSC. DTSC .retains the fight to implement any of these activities
16 independently. These activities include, but are not limited to, development and distribution of
17 ! fact sheets; public meeting preparations; and development and placement of public notices.
18 5.9 California Environmental Ouality Act ¢CEOA/..DTSC will comply with CEQA
19 for all activities required by this Order that are projects subject to CEQA- Upon DTSC request,
20 Respondent(s) shall provide DTSC with any information that DTSC deems necessary to facilitate
21 compliance with CEQA. The costs incurred by DT$C in complying with CEQA are response
22 costs and Respondent(s) shall reimburse DTSC for such costs pursuant to Section 6.19.
23 5.10 ~]21~i~fl.~l~.l~. No later than 30 days after DTSC approval of the FS
24 Report, Respondent(s) shall prepare and submit to DTSC a drat~ RAP. The dra_~ RAP shall be
25 consistent with the NCP and Health and Safety Code section 25356.1. The dra~ RAP public
26 review process may be combined with that of any other documents required by CEQA. The dra_~
27 RAP shall be based on and summarize the approved RI/F$ RePorts, and shall clearly set forth:
28 (a) Health and safety risks posed by the conditions at the Site.
0a) The effect of contaminafio~ or pollution levels upon present, future, and probable
25
1 beneficial uses of contaminated, polluted, or threatened resources.
2 (c) The effect of alternative remedial action measures on the reasonable availability
3 of groundwater resources for present, future, and pro. bable beneficial uses.
4 (d) Site specific characteristics, including the potential for offsite migration of
5 hazardous substances, the surface or subsurface soil, and the hydro geologic conditions, as
6 well as'preexisting background contamination levels.
7 (e) Cost-effectiveness of alternative remedial action measures. Land disposal shall
8 not be deemed the most cost-effective measure merely on the basis of lower short-term
9 cost.
I0 (f) The potential environmental impacts of alternative remedial action measures,
11 including, but not limited to, land disposal of the untreated haTardous substances as
12 opposed to treatment of the I~a~'ardous substances to remove or reduce its volume,
13 toxicity, or mobility prior to disposal.
14 (g) A statement of reasons setting forth the basis for the removal and remedial
15 actions selected. The statement shall include an evaluation of each proposed alternative
16 submitted and evaluate the consisten~ of the removal and remedial actions proposed by
17 the plan with the NCP.
18 (h) A schedule for implementation of all proposed removal and remedial actions.
19 In conjunction with DTSC, Respondent(s) shall implement the public review process
20 ~ecified in DTSC's Public Participation Poli~ and Guidance Manual. Within 10 days of closure
21 of the public comment period, Respondent(s) shall submit a written Responsiveness Summary of
22 all written and oral ~omments presented and received during the public comment period.
23 Following DTSC's review and finalization of the Responsiveness Summary, DTSC will
24 specify any changes to be made ia the PAP. Respondent(s) shall modify the document in
25 accordance with DTSC's specifications and submit a final It. AP within 15 days of receipt of
26 DTSC's comments.
27 5.11 l~ll{~0~i[~[]~. Within 60 days after DTSC approval of the final RAP,
28 Respondent(s) shall submit to DTSC for review and approval a RD describing in detail the
technical.and operational plans for implementation of the final R. AP which includes the following
26
I elements, ~ applic~le:
2 (a) Design criteria, process unit and pipe sizing calculations, process diagrams, and
3 final plans and specifications for facilities to be constructed.
4 (b) Description of' equipment used to excavate, handle, and transport contaminated
5 material.
6 (c) A field sampling and laboratory analysis plan addressing sampling during
? implementation and to confirm achievement of the performance objectives of the RAP.
8 (d) A transportation plan identifying routes of travel and final destination of wastes
9 generated and disposed~
I0 (e) For groundwater extraction systems: aquifer test results, capture zone
11 calculations, specifications for extraction and performance monitoring wells, and a plan to
12 demonstrate that capture is achieved.
13 (f) An updated health and safety plan addressing the implementation activities.
14 (g) Identification of any necessary permits and agreements.
15 (h) An operation and maintenance plan including any required monitoring.
16 (i) A detailed schedule for implementation of the remedial action consistent with the
17 schedule contained in the approved RAP including procurement, mobilization,
1 $ construction phasing, sampling, facility starmp, and testing.
191 5.12 ~. If the approved remedy in the Final RAP includes deed
20 restrictions, the current owner(s) of the Site shall sign and record deed restrictions approved by
21 DTSC within 90 days of DTSC's approval of'the final RAP.
22 5.13 Implementation of Final RAP. Upon DTSC approval of the RD, Respondent(s)
23 shall implement the final RAP in accordance with the approved schedule in the RD. Within 30
24 days of completion of field activities, Respondent(s) shall submit an Implementation Report
25 documenting the implementation of the Final RAP and RD.
26 $. 14 Operation and Maintenance ¢O&IVD. Respondent(s) shall comply with all O&~l
27 requirements in accordance with the final RAP and approved RD. Within 30 days of'the date of
28 DTSC's request, Respondent(s) shall prep_are and submit to DTSC for approval an O&M plan
that includes an implementation schedule. Respondent(s) shall implement the plan in accordance
27
I with the approved schedule.
2 5.15 Five-Year Review. Respondent shall review and reevaluate the remedial action
3 aJter a period of 5 years from the completion of'construction and startup, and every 5 year(s)
4 thereafter. The review and reevaluation shall be conducted to determine if human health and the
$ environment are being protected by the remedial action. Within thirty (30) calendar days before
6 the end of the time period approved by DTSC to review and reevaluate the remedial action,
7 Respondent(s) shall submit a remedial action review work plan to DTSC for review and approval.
8 Within sixty {60) days of DTSC's approval of the work plan, Respondent(s) shall implement the
9 work plan and shall submit a comprehensive repo~ of the results of the remedial action review.
I0 The report shall describe the results of all sample analyses, tests and other data generated or
I received by Respondent(s) and evaluate the adequacy of the implemented remedy in protecting
12 public health, safety and the environment. As a result of any review performed under this section,
13 Respondent(s) may be required to perform additional Work or to modify Work previously
14 performed.
15 5.16 Chan_ees Durin_~ Implementation of'the Final IL~kP. During the implementation o'f
16 the final RAP and RD, DTSC may specify such additions, modifications, and revisions to the RD
17 as deemed necessary to protect public health and safety or the environment or to implement the
18 PAP.
19 5.17 Stop Work Order. In the event that DTSC determines that any activity (whether
20 or not pursued in compliance with this Order) may pose an imminent or substantial endangerment
21 to the health or safety of people on the Site or in the surrounding area or to the environment,
22 DTSC may order Respondent(s) to stop further implementation of this Order for such period of
23 tlme needed to abate the endangerment. In the event that DTSC determines that any site
24 activities (whether or not pursued in compliance with this Orde0 are proceeding without DTSC
25 authorization, DTSC may order Respondent(s) to stop fi~rther implementation of this Order or
26 activity for such period of time needed to obtain DTSC authorization, k'such authorization is
27 appropriate. Any deadline in this Order' directly affected by a Stop Work Order, under this
28 section, shall be extended for the term o£the Stop Work Order.
5.18 ErnerFency Response Action/Notification. In the event of any action or
I occurrence (such as a fire, earthquake, explosion, or human exposure to hazardous substances
2 caused by the release or threatened release of'a ha;'.rdous substance) during the course of this
3 Order, Respondent(s) shall immediately take all appropriate action to prevent, abate, or minimize
4 such emergency, release, or immediate threat of release and shall immediately notify the Project
5 Manager. Respondent(s) shall take such action in consultation with the Project Manager and in
6 accordance with all applicable provisions of this Order. Within seven days of the onset of such an
7 event, Respondent(s) shall furnish a report to DTSC, signed by Respondent(s)' Project
$ Coordinator, setting forth the events which occurred and the measures taken in the response
9 thereto. In the event that Respondent(s) fail to take appropriate response and DTSC takes the
I0 action instead, Respondent(s) shall be liable to DTSC for all costs of the response action.
I 1 Nothing in this section shall be deemed to limit any other notification requirement to which
12 Respondent(s) may be subject.
13 $. 19 Discontinuation ofRemedlal Technolo?_. Any remedial technology employed in
14 implementation of the final PAP shall be left in place and operated by Respondent(s) until and
15 except to the ex-tent that DTSC authorizes Respondent(s) in writing to discontinue, move or
16 modiOy some or all of the remedial technology because Respondent(s) has met the criteria
17 specified in the final RAP for its discontinuance, or because the modifications would better
'18 achieve the goals of the final RAP.
19 5.20 ~i~!lt~ILA~!i~. Respondent(s) shall demonstrate to DTSC and maintain
20 financial assurance for operation and maintenance and monitoring. Respondent(s) shall
21 demonstrate financial assurance prior to the time that operation and maintenance activities are
22 initiated and shall maintain it throughout the period of time necessary to complete all required
23 operation and maintenance activities. The financial assurance mechanisms shall meet the
24 requirements of ri&SC Section 25355.~. All financial assurance mechanisms are subject to the
25 review and approval of DTSC.
26 VI. GENERAL PROVISIONS
27 6.1 ~. Within 10 days from the date the Order is signed by
28 DTSC, Respondent(s) shall submit to DTSC in wrifmg the name, address, and telephone number
ora Project Coordinator whose responsibilities will be to receive all notices, comments,
29
1 approvals, and other communications from DTSC. Respondent(s) shall promptly notify DTSC
:2 of any change in the identity of'the Project Coordinator. Respondent(s) shall obtain approval
3 From DTSC before the new project coordinator performs any work under this Order.
4 6.1.1 Communication and Coordination Plan ¢CC1~. Within thirty (30) days from the
$ date the Order is signed by DTSC. Respondem(s) shall submit a CCP which specifies the
6 requirements and procedures by which Respondent(s) will communicate and coordinate with one
7 another in carrying out the requirements of this Order, to DTSC for its approval.
8 6.2 Pro_iect Engineer/Geologist. The work performed pursuant to this Order shall be
9 under the direction and supervision of a qualified professional engineer or a registered geologist in
10 the State of California, with exper:ise in hazardous substance site cleanups. Witkin 30 calendar
11 days from the date the Order is signed by DTSC, Respondem(s) must submit: a) The name and
12 address of the project engineer or geologist chosen by Respondem(s); and b) in order to
13 demonstrate expertise in or hazardous substance cleanup, the resumi of'the engineer or
14 geologist, and the statemem of qualifications ofthe consulting firm responsible for the work.
15 Respondent(s) shall promptly notify DTSC of any change in the identity of the Project
16 Engineer/Geologist. Respondent(s) shall obtain approval from DTSC before the new Project
17; Engineer/Geologist performs any work under this Order.
18 i 6.3 Monthly Summa _fy Reports. Within 30 days from the date the Order is signed by
19 DTSC, and on a monthly basis thereafter, Respondent(s) shall submit a Monthly Summary Report
20 of its activities under the provisions of this Order. The report shall be received by DTSC by the
21 15th day or'each month and shall describe:
22 (a) Specific actions taken by or on behaff' of Respondent(s) during the previous
23 calendar month;
24 (b) Actions expected to be undertaken during the current, calendar month;
25 (c) All planned activities for the next month;
26 (d) Any requirements under this Order that were not completed;
27 (e) Any problems or anticipated problems in complying with this Order; and
28 (f) Ail results of sample analyses, tests, and other data generated under the Order
during the previous calendar month~ and any significant findings from these data.
3O
I 6.4 Ouali~ ControllOuality Assurance fOC/OA~. All sampling and analysis
2 conducted by Respondent(s) under this Order shall be performed in accordance with QC/QA
3 procedures submined by Respondent(s) and approved by DTSC pursuant to this Order.
4 6.5. Submittals. All submittals and notifications from Respondent(s) required by this
5 Order shall be sent simultaneously to:
6 Mohinder Sandhu
Branch Chief
7 Attention: Tony Natera, Project Manager [two copies]
Hazardous Waste Management Branc~
g DeI~artment of Toxic Substances Control
700 Heinz Avenue, Suite 200
9 Berkeley, CA 94710-2721
10 6.6 Communleafions. All approvals and decisions of' DTSC made regarding
11 submittals and notifications will be communicated to Respondent(s) in writing by the Hazardous
12 W~ste Management Branch Chief, DTSC, or his/her designee. No informal advice, guidance,
13 suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any
14 other writings by Respondent(s) shall be construed to relieve Respondent(s) of the obligation to
15 obtain such formal approvals as may be required.
16 6.7 DTSC Review and Approval. All response actions taken pursuant to this Order
17 shall be subject to the approval of DTSC. Respondent(s) shall submit all deliverables required bY
18 this Order to DTSC. Once the deliverables are approved by DTSC, they shall be deemed
19 incorporated into, and where applicable, enforceable under this Order.
20 (a) If DTSC determines that any repoa, plan, schedule or other document submitted
21 for approval pursuant to this Order ~ails to comply with this Order or fails to protect public health
22 or safe~y or the environment, DT$C may:
23 (1) Mod|~y the document as deemed necessary and approve the document as
24 modL~ed; or
25 (2) Return comments to Respondent(s) with recommended changes and a date
26 by which Respondent(s) must submit to DTSC a revised document incorporating the
27 recommended changes.
28 (b) Any modifications, comments or other directive issued pursuant to (a) above, are
incorporated into this Order. Any noncompliance with these modifications or directives'
31
I shall be deemed a failure or refusal to comply with this Order.
2 6.8 Compliance with Ap~)llcable Laws. Nothing in this Order shall relieve
3 Respondent(s) fi.om complying with all other applicable laws and regulations, including but not
4 limited to compliance with all applicable waste discharge requirements issued by the State Water
5 Resources Control Board or a California Regional Water Quality Comrol Board. Respondent(s)
6 shall conform all actions required by this Order with all applicable federal, state and local laws and
7 regulations.
8 6.9 ~. Nothing in this Order shall constitute or be construed as
9 a satisfaction or release fi.om liability for any conditions or claims arising as a result of past,
10 current or future operations of Respondent(s). Nothing in this Order is intended or shall be
I construed to limit the fights of any of the parties with respect to claims arising out of or relating
12 to the deposit or disposal at any other location of substances removed from the Site. Nothing in
13 this Order is intended or shall be construed to limit or preclude DTSC from ~aklng any action
14 authorized by law to protect public health or safety or the environment and recovering the cost
15 thereof. Notwithstanding compliance with the terms of this Order, Respondent(s) may be
16 required to take further actions as are necessary to protect public health and the environment.
17 6.10 Site Access. Access to the Site and laboratories used ['or analyses of samples
18 under this Order shall be provided at all reasonable times to employees, contractors, and
19 consultants of DTSC. Nothing in this section is intended or shall be construed to limit in any way
20 ] the fight of.entry or inspectio.n that DTSC or any other agency may otherwise have by operation
21 of any law. DTSC and its authorized representatives shall have the authority to enter and move
22 freely about all property at the Site at all reasonable times for purposes including, but not limited
23 to: inspecting records, operating logs, sampling and analytic data, and ¢ontract~ relating to this
24 Site; reviewing the progress of Respondent(s) in can)4.ng out the terms of this Order;, conducting
25 such tests aa DTSC may deem fiecessary; and vefiOfing the data submitted to DTSC by
26 Respondent(s).
27 To the extent the Site or any other property to which access is required for the
28 implementation of this Order is owned or controlled by persons other than Respondent(s),
Respondent(s) shall use best efforts to secure fi.om such persons access for Respondent(s), as
32
I well as DTSC, [ts representatives, and contractors, as necessary to effectuate tl~$ Order. To the
2 e~ent that ~my portion of the Site is controlled by tenants of Respondent(s), Respondent(s) shall
3 use best efforts to secure from such tenants, access for Respondent(s), ~s well a~ for DTSC, its
4 representatives, and contractors, as necessary to e~ectuate th~s Order. For purposes of this
$ Sect]on, "best e~or~s" includes the payment of reasonable sums of money in consideration
6 access. If any access required to complete the Work is not obtained within for~.'y-fve (45) days of
? the e~ective date ot'th~s Order, or within forty-five (45) days of the date DTSC notifies
$ Respondent(s) in writing that additional access beyond that previously secured is necessary,
9 Respondent(s) shail promptly notify DTSC, and shall include in that notification a s~mmary o£the
10 steps Respondent(s) h~s taken to attempt to obtain access. DTSC may, ~ it deems appropriate,
1.1 assist Respondent(s) in obtaining access. Respondent(s) shall reimburse DTSC in obtaining
12 access, including, but not limited to, attorneys fees and the amount of just compensation.
13 6.11 Site Access for Res~)ondents.. The Site owner I~.espondent(s) shail grant access
14 to Respondent(s) who are in compliance with this Order for the purpose of conducting activities
15 pursuant to th~s Order or for activities deemed necessary by the DTSC to meet the objectives of
16 ! this Order.
17 6.12 $11rrlplin~. Data and Document Availabilltv. Respondent(s) shaft permit DTSC
18 and its authorized represematives to inspect and copy all sampling, testing, monitoring or other
19 data generated by Respondent(s) or on Respondent(s) behalf in any way pertaining to work
20 undertaken pursuant to this Order. Respondent(s) shall submit all such data upon the request of
21 DTSC. Copies shall be provided within :7 days of' receipt of DTSC's written request.
22 Respondent(s) shall inform DTSC at least 7 days in advance of all field sampling under
23 Order, and shall allow DTSC and its authorized representatives to take duplicates of any samples
24 colleoted by Respondent(s) purs-uant'¢o this Order. Respondent(s) shall maintain a central
25 depository of the data, repons, and other documents prepared pursuant to this Order.
26 6.13 Record Retention_ All such data, reports and other documents shall be preserved
27 by Respondent(s) for a minimum often years after the conclusion of all a~ivities under this
28 Order. If DTSC requests that some or all,f these documents be preserved for a longer period of
time, Respondent(s) shall either comply with that request or deliver the documents to DTSC, or
I perm'lt DTSC to copy the documents prior to destruction. Respondem(s) shall notify the DTSC
2 in writing, at least six months prior to destroying any documents prepared pursuant to this Order.
3 6.14 ~2~. The State ~f California shall not be liable for any injuries
4 or damages to persons or property resulting fi.om acts or omissions by Respondent(s), or related
5 parties specified in Section 6.25, Parties Bound, in canying out activities pursuant to this Order,
6 nor shall the State of California be held as party to any contract entered into by Respondent(s) or
? its agents in cawying out activities pursuant to this Order.
8 6.15 Additional Actions. By issuance of'this Order, DTSC does not waive the right
9 to take any further actions authorized by law.
10 6.16 Exit. Ir'Respondent(s) is unable to perform any activity or submit
11 any document within the time required under this Order, Respondent(s) may, prior to expiration
12 of'the time, request an extension of the time in writing. The extension request shall include a
13 justification for the delay. All such requests shall be in advance of the date on which the activity
14 or document is due.
15 6. I? ~. If DTSC determines that good cause exists for an
16 extension, it will grant the request and specify a new schedule in writing. Respondent(s) shall
17 comply with the new schedule incorporated in this Order.
18 6.1 ii Liability for Costs. Respondent(s) is liable for all of' DTSC's costs that have
19 been incurred in taking response actions at the Site (including eost~ of overseeing response
20 actions performed by Respondent(s)) and costs to be incurred in the future.
21 6.19 Payment ofC~sts. DTSC may bill Respondent(s) for costs incurred in taking
22 response actions at the Site prior to the effective date of this Order. D~fSC will bill
23 Respondent(s) quarterly for its response costs incurred a~er the effective date of this Order.
24 Respondent(s) shall pay DTSC within sixty (60) days of receipt of any DTSC billing. Any billing
25 not paid within sixty (60) days is subject to interest calculated fi.om the date of the billing pursuant
26 to Health and Safety Code se~ion 25360.1. All payments made by Respondent(s) pursuant to
27 this Order shall be by cashier's or oertifi'ed check made payable to the "DTSC," and shall bear on
28 the face the project code of the Site (Site 10_0204-00) and the Docket number of the Order.
Payments shall be sent to:
34
1 Department of Toxic Substances Control
Accounting/Cashier
2 400 ? Street, 4th Floor
P.O. Box 806
3 Sacramento, California 95812-0806
4 A photocopy of all payment checks shall also be sent to the person designated by DTSC to
5 receive submittals under this Order.
· 6 6.20 Severab~lity. The requirements of this Order are ~everable, and Respondent(s)
7 shall comply with each and every provision hereo/~ notwithstanding the effe~iveness of any other
$ )rovision,
9 6.21 Incorporation of Plans. Schedules and Reports. All plans, schedules, reports,
10 specLfications and other documents that are submitted by Respondent(s) pursuant to this Order
11 are incorporated in this Order upon DTSC's approval or as modified pursuant to Section 6.7,
12 DTSC Review and Approval, and shall be implemented by Respondent(s). Any noncompliance
13 with the documents incorporated in this Order, shall be deemed a failure or refusal to comply with
14 this Order.
1 $ 6.22 Modifications. DTSC reserves the right to unilaterally modify this Order. Any
16 modification to this Order shall be effective upon the date the modification is signed by DTSC
17 and shall be deemed incorporated in this Order.
18' 6.23 Time Period~_. Unless otherwise specified, time periods begin from the effective
date of this Order and "days" means calendar days.
20 6.24 Calendar of Tasks and Schedules This Section is merely for the convenience of
2,1 listing in one location the submittals required by this Order. If there is a conflict between the
22 date for a scheduled submittal within this section and the date within the section describing the
23 spec/fie requirement, the latter shall govern.
24 Calendar of Tasks and Schedules
25 TASK SCt~D~E
26 Liquids Waste Removal:
27 I. Fence and Post; Within 30 days from the date ~he Order
Section $, 1.2(a); is signed by DTSC.
28
2. Subm/t Dra/nage Control Within 30 days from the date the Order
Workplar4 is signed by DTSC.
I Section 5.1.2(b)
2 3. Implement Drainage Control In accordance with approved schedule.
Workplan;
3 Section 5.1.2(b)
4 4. Submit Liquids Waste Within 3~) days from the date the Order
Removal Workplan; · is signed by DTSC.
5 Section 5.1.2(e)
6 5. Implement Liquids Waste Within I0 days of receiving DTSC
Removal; Approval of Liquids Waste Removal
7 Section 5.1.2(e) Wdrkplan.
8 6. Submit Demolition/Removal Within 60 days from the date the Order
Workplan; is signed by DTSC.
9 section 5.1.2(c)
I0 7. Implement Demolition/Removal In accordance with approved schedule.
Workplan
11 Section 5.1.2(c)
12 8. Submit Interim Capping Within 60 days from the date the Order
Workplan; .... is signed by DTSC.
13 Section 5.1
14 9. Implement Interim In accordance with approved schedule.
_Capping Workpla~;
15 5ecuon 5.1.2(d)
16
Other Order Submittals:
17
1. Submit Notice of Intent to Comply; Within 15 days from the effective date
18 Section 7 of the Order.
19 2. Identify Project Coordinator, Within 10 days from the date the Order is
5e~on 6.1 signed by DTSC.
2O
3~ ' Identify Project Engineer/Geologist; Within 30 days from the date the Order is
21 Section 6.2 signed by DTSC.
22 4. Communication and Coordination Plan; Within 30 days fi.om the date the Order is
Plan; signed by DTSC.
23 Section 6.1.1
24 Submit Monthly Summary Reports; Within 30 days from the date the Order is
Section 6.3 signed by DTSC.
25
6. Attend Site Remediation Strategy Within 90 days from the 'date the Order is
26 Meeting; signed by DTSC.
Section 5. I
27
28
36
I 7. Submit RIFFS Work plan; Within 150 days of the effective date of the
Section 5.2.2 Order.
2
8. Submit interim screening and evaluation As requested by DTSC.
3 document;
Section 5.3
4
9. Submit Treatability Studies; As required dufingSite characterization or
5 Section 5.4 as requested by DTSC.
6 10. Submit RI Report; Per approved RI/FS Work plan Schedule.
Section 5.5
I 1. Submit Baseline l~sk Assessment; Per approved lUfFS Work plan Schedule
8 Section 5.6
9 12. Submit FS Report; Within 60 days fi.om submittal of Ri Report.
Section 5.7
10
13. Submit Public Participation Plan; Within 40 days fi.om the date the Order is
11 Section 5.8 signed by DTSC.
12 Submit and distribute Fact Sheets; For projected or coml~leted kes~ milestones,
as specd~ed in Public Participation Plan or
13 when requested by DTSC.
14 14. Submit Initial Study and Checklist; Within 30 days after approval ofFS Report.
Section 5.9
15
15. Submit Draft RAP; Within 30 days a~er approval ofFS Report.
16 Section 5.10
17 Submit Responsiveness Summary; Within 10 days 0fclosure of public
comment period.
18
Submit Final RAP; Within 15 days of receipt of DTSC's
19 comments.
20 16. Submit Remedial Design; Within 60 days a_~er DTSC's approval of
Section 5.11 the Final RAP.
21
17. Deed Restrictions; Within 90 days of approval of Final RAP.
22 Section 5.12
23 18. Submit Iml~lementation Report; Within 30 days of completion of field
Section 5.13 activitiea.
24
19. Submit O&.M Work plan; Within 30 days of DTSC's request.
25 Section 5.14
26 20. Submit Remedial Action Review Within 30 days before end of five-year
Work plan; period.
27 Section 5.15
28
37
I 21. Submit Emergency Response Action Wi.thin 7 days of an emergency response
Rep.on; aCUon.
2 Section $.15
3 22. Provide copies ofsamplL~g, data, and Within ? days of receipt of DTSC's
documentaHon; request·,
4 Section 6.12
$ Provide prior notice befor~ conducting Inform DTSC 7 days in advance of
field sampling; sampling.
6
23. Maintain central depository of data, Maintain central depository for a minimum
7 repons, documentation; and of ten years after conclusion of all activities
conducted pursuant to the Order.
8
Provide prior written notice to the At least six months prior to destroying any
9 DTSC before destroying any records.
documentation prepar¢cl pursuant to
I 0 the Order,
Section 6.13.
12 6.25 P_ll3ir, i.]3_Qlald. This Order applies to and is binding upon Respondent(s), and its
13 officers, directors, agents, employees, contractors, consultants, receivers, trustees,
14 successors and assignees, including but not limited to, individuals, partners, and subsidiary and
15 parent corporations. Respondent(s) shall provide a copy of this Order to all contractors,
16 subcontractors, iaboratories, and consultants which are retained to conduct any work performed
17 under this Order, within 15 days after the effective date of this Order or the date o£retaining their
18 services, whichever is later. Respondent(s) shall condition any such contracts upon satisfactory
19 ! compliance with this Order. Notwithstanding the terms of any contract, Respondent(s) is
20 responsible for cgmpliance with this Order and for ensuring that its subsidiaries, employees,
21 contractors, consultants, subcontractors, agents and attorneys comply with this Order.
22 6.26 Change in Ownership. Ho change in ownership or corporate or partnership status
23 relating to the Site shall in any way alter Respondent's responsibility under this Order. No
24 conveyance of tire, easement, or other interest in the Site, or a portion of the Site, shall affect
25 Respondent's obligations under this Order. Unless DTSC agrees that such obligations may be
26 transferred to a third party, Respondent(s) ~hall be responsible for and liable for any failure to
27 carry out all activities required of Respondant(s) by the terms and conditions of this Order,
28 regardless of Respondent's use of employees, agents, contractors, or coflsultants to perform any
38
I such tasks. Respondent(s) shall provide a copy of this Order to any subsequent owners or
2 successors before ownership rights or stock or assets in an corporate acquisition are transferred.
3 xtrF[ NOTICE OF INTENT TO COMPLY
4 7. Not later than fifteen (15) days after the effective'date of this Order, Respondent(s)
5 shall provide written notice, in accordance with paragraph 6.5 Submittals of this Order, stating
6 whether or not Respondent(s) will comply with the terms of this Order. IfResp0ndent(s), or any
7 one of them, do not unequivocally commit to perform all of the requirements of this Order, they,
8 or each so refusing, shall be deemed to have violated this Order and to have failed or refused to
9 comply with this Order. Respondent's (s') written notice shall describe, using facts that exist on
10 or prior to the effective date of this Order, any "sufficient cause" defenses asserted by
11 Respondent(s) under Health and Safety Code sections 2535g.3(a) and 25355.5(a)(1)(B) or
12 CERCLA section 107(c)(3), 42 U.S.C. section 9607(c)(3).
14 8. This Order is final and effective five days from the date of mailing' which is the date
15 ~fthe cover letter transmitting the Order to you.
16 IX. PENALTIES FOR NONCOMPLIANCE
17 9. Each Respondent may be liable for penalties of up to $25,000 for each day out of
1 g compliance with any term or condition set forth in this Order and for punitive damages up to tlu'ee
19 times the amount of any costs incurred by DT$C as a result of Respondent's(s') failure to comply,
'20 ~ursuant to Health and Safety Code sections 25359, 25359.2, 25359.4, and 25367(c). Health and
21 Safety Code section 25359.3 provides that a responsible party who complies with this order, or
22 with another order or agreement concerning the same response actions required by this order,.
23 may seek treble damages from Respondent(s) who fail or refuse to comply with this order without
24 sufficient cause.
25!
27 DATE OF ISSUANCE: I1- _
~orothE FuC~
28 ~eput~ Director ....
_ Department of Toxic ~u~stances ~ontro~
39
cc: $i~e Mitisa~ion..P. ro .g!~m
,,~ Headquarters, l~anfiing & Policy
2 I-I~.r~lous Waste Management Program
Office orLegal Counsel
3
4
6
7
8
I0
11
12
13
14
15
17
lg
19
20
21
23
24
25
26
4O
EXHIBIT A
Fl'
N
Site Eocafion Map s
Gibson Environmental
Balcersfield, CA
EXHIBIT A-1
Me.a'o$¢an / Kern
P~r~e./ : 332 230 51 O0 ~ ~ : ~,20~
Co~ : Oth~ : S4,732,730
~ice : 2401 O~son St B~field 93308 Total : S5,24~9t7
~ail : 3300 T~x~ Ave ~3200 B~tld Ca 93301 ~pt :
X/~ :03~I/19~ Doc ~ : 5182-i491 ' Ty~ . :
Lo~ ~r : Loan .: % ~n~ :
V~t~pe : 1~ : T~ :070016
~ : 98-99 T~ :
~gal : LOT P 26 BLOCK 29 ~ 2T ~ePh :
: M~ Grid :
C~ : Trot: ~.02 Bilk: t S: T:
aede~ : Stori~ : Tear B~t :
B~oo~ : Itt Fir ~F : ~l~on :
Dmmg R~m 2nd Fb SF : Lot A~r~ :6.15
~ami~ Room : Addtl EqFt : [ot ~t : 2~7,894
rot~ ~ : ~'mrot SF : Lot Di~ :
ffe~ ~ : Sldg ~qFt : Fr~ ~ :
A~ Co~im : ~arage $r : Bldg ~pe :
~.xhibit B
- Specifications For Fencing
1. - The fencing shall be maintained at the former Gibson Environmental site located at 2401
Gib~on Street, Bakersfield, California.
2. The fence shall be constructed of standard galvanized post rails and chain link fabric.
2.1 Posts sfiall be placed nO more than ten feet apart. Portions of the site have existing fence
which can be repaired to meet the needs of DTSC.
These areas will be identified when a formal site walk thru is made.
2.2 The fence shall be at least six feet in height.
2.3 The chain link fabric and stringer wires shall be 11 gage.
2.4 Each gate shall be secured with a padlock and chain. The chain shall be at lea~t 3/8 inch
galvanized steel. DTSC shill be provided with five sets of keys for any lock placed on the
fence.
3. Signs shall be placed on the fence within ten feet of each gate and at 100 foot intervals.
3.1 The signs shall be legible ~om 25 feet and read:
"Caution
Hazardous Substances Area
Unauthorized Persons Keep Out
Cuidado! Zona De Substancies Peligrosos
Prohibida La Entrada A
Personas No Autorizada~
For Further Information Contact
The Department of Toxic Substances Control
(510) 540-3951 *
Each sign shall also display an international do not enter symbol (an upright palm within a
red circle.)
3.2 Signs shall be attached to the fence with hog rings or similar hardware.
3.3 Sign~ shall be made on aluminum sheeting.
3.4 The signs shall be reviewed and approved by the DTSC prior to manufacture.
4. Respondent~ shall be responsible for all permits, approvals and under~'ound utility
clearance.
PROOF OF SERVICE
1. I served the following documents:
a. IMMINENT AND/OR SUBSTANTIAL ENDANG, EKMENT DETERMINATION
AND OKDEK AND KEIVI~IAL ACTION ORDEK
b. By serving:/_X_/ Responsible Party/Respondent
/.../ Other (Name and Title):
2. a. /__/ By personally delivering copies to (address)
at (time) on (date)
b. /__--7 By mailing copies by first-class certified mail,
Certified Mail Receipt No. , return
receipt requested, in a sealed envelope addressed
to:
c. /2~/ By mailing copies by Express Mail, or other
overnight delivery service, in a sealed envelope,
delivery fees prepaid to:
3. At the time of service I was at least 18 years of age and
not a party to this action.
4. Myname, ~usiness address, ~nd telephone number are:
I declare under penalty of perjury that the foregoing is
true and correct and that this declaration is executed on
November ~ , 1999 at Sacramento, California.
(date) (place)
(Signature)
SM.06
(1/93)
Mr. Mark Stella Mr. Gerald McNeill
Chevron USA Cole Servibes
6001 Bollinger Canyon Road, Building K2040 PO Box 10764
San Ramon, CA 94583 Bakersfield, CA 93389
Mr. Michael E. Wiley Mr. Kyle Ramos
Atlantid Richfield Company Ramos Environmental Services
515 South Flower Street 1515 South River Road
Los Angeles, CA 90071-2256 West Sacramento, CA 95691
General Counsel Captain Ernest Hunter
Evergreen Environmental Services U.S. Navy
6880 Smith Avenue Engineering Field Activity West
Newark, CA 94560 900 Commodore Drive
San Bruno, CA 94066-2402
Ms. Sue Sanders Mr. Larry Lawton
Pacific Gas & Electric U.S. Air Force
77 Beale Street. B24A, Room 2439-A AFCEF_JCCR-S
San Francisco, CA 94105 333 Market Street, Room 625
San Francisco, CA 94105
General Counsel General Counsel
· Texaco, Inc. Delta Tech Service, Inc.
Bakersfield Division 397 West Channel Road
5201 Truxtun Avenue Benicia, CA 94510
Bakersfield, CA 93309
~ L Timothy Sullivan Mr. James Fouras
L,,.,,rol, Inc, Dowell, Division of Schlumberger Tech
1 Blachely Road 6120 Snow Road
Stamford, CT 06922 Bakersfield, CA 93308
Mr. Jeff From Major Anderson Lloyd
Robertshaw Controls Company U,S. Army
100 West Victoria Street Environmental Law Section
Long Beach, CA 90805 901 North Stuart Street
Arlington, VA ~03-1837
Ms. Susan Moreland Mr. George Warrington
San Francisco Newspaper Agency National Railroad Passenger Corp.
Risk Management 60 Massachusetts Avenue NE
925 Mission Street Washington. DC 20002
San Francisco, CA 94103
Mr. Peter Heinz Mr. Warren I. Mitchell
Betz Dearborn Inc. Southern California Gas Co.
4636 Somerton Road 555 West 5th Street, Suite 2900
Trevose, PA 19053 Los Angeles, CA 90013
Mr. Ronald J. Flury Mr. Lee Raymond
E~-!ogy Control Industries Exxon
.0 Normandie Avenue 5959 Las Colinas Blvd.
Torrance, CA 90502 Irving, TX 75039-2298
I~.~r, Matthew Stuart Mr. Robert Hybbard
Statewide Environmental'Services Kaiser Aluminum & Chemical Corp.
200 Pine Avenue, Suite 514 6177 Sunol Boulevard
_ong Beach, CA 90802.3040 Pleasanton, CA 94566-7769
Iv,,. Brent Bailey Mr. John Jeleniewski
Duke Energy Southwest Photo Chemical Inc.
5400 Westheimer Court 350 Electra Street
Houston, TX 77056-5310 Pomona, CA 91766-2236
General Counsel Mr. Ron Zech
Lucas Aviation Inc. GATX Tank Storage Terminals Corp.
495 South Fairview Avenue 500 West Monroe Street
Goleta, CA 93117 Chicago, IL 60661-3676
Ms, Kathy Papalia General Counsel
Cai Trans Sunquest Properties, Inc,
1120 N Street 150 Executive Park Boulevard
Sacramento, CA 95814 San Francisco, CA 94134-3303
City Counsel . General Counsel
City of So. San Francisco Ultramar, Inc.
PO Box 711 6000 N Loop 1604 W
South San Francisco, CA 94083 San Antonio, TX 78249-1112
,~- ~ichard G. Saut General Manager
F .re Track Leasing Co LP Chemical & Pigment
PO Box 563 Rt 10 600 Nichols Road
Reading, PA 19603-7635 Pittsburg, CA 94565
Mr, Dave Coon Ms. Michelle Heffes
University of CA Santa Barbara Port of Oakland
Environmental Health & Safety 530 Water Street
Building 565, EH&S Building Oakland, CA 94607
Santa Barbara, CA 93106
General Manager Mr, Max L. Lukens
Dignity Housing West II ASSC*E Baker Hughes Oilfield Operations, Inc.
690 15th Street, Suite 400 3900 Essex Lane, Suite 1200
Oakland, CA 94612 Houston, TX 77027
Ms. Carol Pruett
Bank of Santa Maria Mr. Mehdi Rezaian
Mid State Bank 438 S. Oakhurst Drive, #1
PO Box 580 Beverly Hills, CA 90212
Arroyo Grande, CA 93421
Mr. Paul N. Bruce
lyn County/Emerg Response Only Mr. W. Page Van Loben Sels
Gibson Environmental Inc.
P~ ~x M 837 25~ Avenue
Inclependence, CA 93526 San Francisco, CA 84121