HomeMy WebLinkAboutAppropriate Additional Funds to Perform Emergency Response - Council/Agency Meeting Held: — 3 -- 003
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied bEAk7V City Cler ' Sig a e
Council Meeting Date: 11/03/03 Department ID Number: PW 03-074
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY: RAY SILVER City Administrator d?W CID
REPARED BY: ROBERT F. BEARDSLEY, Director Of Public Works -C a
SUBJECT: APPROPRIATE FUNDS FOR THE REPLACEMENT OF THE—
ENGINE FOR GROUNDWATER WELL NO. 7
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: Funds are budgeted in Fiscal Year 2004-2005 for the replacement of
the engine in Well No. 7. Unfortunately, the engine has failed and is beyond repair. Staff is
seeking to move the funds forward into the current fiscal year.
Funding Source: $350,000 from the Undesignated Water Fund Balance to Water
Production, General Equipment Account No. 50685803.83700.
Recommended Action: Motion to: Appropriate $350,000 from the Undesignated Water
Fund Balance for the replacement of the engine for Well No. 7.
Alternative Action(s): Do not approve the appropriation and instruct staff on how to
proceed.
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REQUEST FOR ACTION
MEETING DATE: 11/03/03 DEPARTMENT ID NUMBER: PW 03-074
Analysis: The engine for Groundwater Well No. 7 is scheduled for replacement in fiscal
year 2004-2005. The existing engine has reached the end of its useful life. Unfortunately,
the engine recently experienced some major mechanical difficulties that make the cost of
repairs prohibitive. The Well is very important to the operation of the water system and is
essential for meeting the allowable basin pumping percentage for the City. The City is
allowed to pump 66% of its water demand from groundwater wells. The balance must be
purchased from the Metropolitan Water District of Orange County for more than triple the
cost. Staff is seeking an appropriation of $350,000 to cover the cost of replacement,
essentially moving the purchase forward one year.
Public Works Commission Action: Not required
Environmental Status: Not applicable
Attachment(s):
City Clerk's
Page Number No. Description
1 Fiscal impact Statement
RCA Author: Ken Dills, ext. (375) 5055
G:\R C A\2003\03-074 Nov 3 Dills(Appropriate funds for Well#7).doc -2-
10/20/2003 10:59 AM
ATTACHMENT # 1
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: Clay Martin, Director Of Administrative Services
Subject: FIS 2004-04 Appropriate Funds for the Replacement of
Groundwater Well #7 Engine
Date: October 8, 2003
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Appropriate Funds for the Replacement of
Groundwater Well #7 Engine."
If the City Council approves this request (total year appropriation
$350,000), the estimated working capital of the Water Fund at
September 30, 2004 will be reduced to $11 ,187,000.
Clay MarW
Director Kf Administrative Services
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Appropriate Funds for the Replacement of Groundwater
Well No. 7 Engine
COUNCIL MEETING DATE: November 3, 2003
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome ) Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Attached
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FO DED
Administrative Staff ( ) ( )
Assistant City Administrator Initial ( ) )
City Administrator Initial ( ) (Oz )
City Clerk
EXPLANATION FOR RETURN OF ITEM:
SpaceOnly)
RCA Author: K Dills
t• l 1 -- �vl e ohs a^ F
CITY OF HUNTINGTON BEACH -g�
MEETING DATE: March 17, 2003 DEPARTMENT ID NUMBER: FD 03-005
Council/Agency Meeting Held: &71,3
Deferred/Continued to:
pproved ❑ Conditionally Approved ❑ Denied City Clerk's Sign re
Council Meeting Date: March 17, 2003 Department ID Number: FD 03-005
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
C
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
� W�l
SUBMITTED BY: RAY SILVER, City Administratow/W �-
PREPARED BY: DUANE S. OLSON, Acting Fire C f
ROBERT F. BEARDSLEY, Director of Public Works — <�
I>
SUBJECT: APPROPRIATE ADDITIONAL FUNDS TO PERFORM EMERGENCY
RESPONSE, INVESTIGATION AND MONITORING AT EDISON
COMMUNITY PARK AND CENTRAL LIBRARY AND DEVELOP A
METHANE GAS MITIGATION PLAN AT THE PARK.
Statement fissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: An appropriation of$110,000 from the undesignated, unappropriated
fund balance of the General Fund is requested for the Fire Department Fire Prevention
Professional Services account to fund emergency response, the Edison Community Park
mitigation plan, and required monitoring and site investigation of methane gas at Edison
Community Park and the Central Library.
Funding Source: An appropriation of$110,000 from the undesignated, unappropriated
fund balance of the General Fund to the Fire Department Fire Prevention Professional
Services account (10065201.69365).
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S:\PMT\2003 RCA\FD 03 005 Edison Park and Central Library Funding Request.doc
3/6/2003 9:45 AM /
RQUEST FOR COUNCIL ACTION
MEETING DATE: March 17, 2003 DEPARTMENT ID NUMBER: FD 03-005
Recommended Action: MOTION TO:
1. Approve and authorize an appropriation of$110,000 from the undesignated,
unappropriated fund balance of the General Fund to the Fire Department Fire Prevention
Professional Services account (10065201.69365).
Alternative Action(s): Do not appropriate the funds and instruct staff how to proceed.
Analysis:
On November 23, 1970, the County of Orange deeded the solid waste disposal site known
as Cannery Street Refuse Disposal Station, AKA Edison Community Park, to the City of
Huntington Beach. The City, on April 12, 1971, deeded a portion of the property, parcel 11,
to the Huntington Beach City School District (HBCSD). The City and HBCSD are the current
owners of the Site, but do not have ownership of gas or mineral rights on the property.
Between September 22 and October 31, 2000, the County of Orange Integrated Waste
Management Department (IWMD) installed several gas-monitoring probes at the site to
monitor levels of methane produced from the decomposition of landfill materials. As a result
of readings obtained from these probes, the County of Orange Health Care Agency, Solid
Waste Local Enforcement Agency (LEA) considers the presence and concentration of
methane a potential hazard to the adjacent school and private residences. LEA issued a
"Notice and Order" requiring the City and HBCSD to take specific action to protect public
health and safety and the environment.
The Huntington Beach Fire Department retained the services of an experienced consultant
and began monitoring at Edison Community Park (Park), Kettler School (School) and several
residences. No methane was detected in any of the occupancies, but significant levels of
methane were detected at two probe locations inside the boundaries of the Park. On
January 30, 2001, five passive vent wells were installed at the western and northern
perimeter of the Park as a mitigation measure.
On February 6, 2001, LEA instructed the City to initiate an immediate assessment of
methane gas in all residences adjacent to the Park and begin weekly monitoring of the
probes on the Park. The assessment was completed and no methane gas was detected on
the exterior or interior of any residences or at Kettler School. Regular monitoring was
instituted and reports were submitted to LEA by the City's consultant beginning in March
2001.
Because of decreasing levels of methane at the site, LEA allowed the City to reduce the
monitoring to a bi-weekly schedule on September 18, 2001. On January 22, 2002, LEA
required the City to submit a remediation plan for methane generated at the site. On April
30, 2002, the City requested a delay in the work plan because monitoring reports submitted
by the City consultant showed a continued reduction of methane gas at the site.
S:\PMT\2003 RCA\FD 03 005 Edison Park and Central Library Funding Request.doc
3/4/2003 11:57 AM ?
REQUEST FOR COUNCIL ACTION
MEETING DATE: March 17, 2003 DEPARTMENT ID NUMBER: FD 03-005
Analysis (continued)
The LEA conducted site visits on June 3 and 4, 2002, and noted that a few of the probes
appeared not to have been accessed for a significant amount of time although data was still
being reported. Based on these findings, LEA and Orange County District Attorney (OCDA)
began to conduct a joint investigation of the City's consultant. This investigation concluded
that several probes were not monitored, but reports were submitted that indicated readings
had been obtained. As a result, LEA met with City and HBCSD representatives on August
28, 2002 to discuss their findings and to direct a re-assessment of all work preformed by the
City's consultant. All buildings on and adjacent to the site were required to be monitored for
methane gas and a weekly monitoring program was again required.
Immediate action was taken by the City to retain another consultant, Bryan A. Stirrat &
Associates (BAS), and begin the re-assessment of private residences, Kettler School, Edison
Community Center, Fire Station 4-Magnolia and all monitoring probes at the site. This work
was completed within seven (7) days of the initial meeting with LEA and again, no methane
was detected on the exterior or interior of any buildings. The City's consultant began weekly
monitoring and developed a work plan, which was approved by LEA, requiring reports to be
submitted within five business days of the monitoring.
On September 17, 2002, LEA issued a new Notice and Order (Attachment 2) to the City and
HBCSD. This Notice and Order requires weekly monitoring of the site and the development
of a corrective action and remediation plan within 45 days. The City has worked with the ,
HBCSD to comply with this Notice and Order by maintaining the weekly monitoring,
conducting a comprehensive review of all prior activities and reducing Park irrigation to
curtail methane production. Based on the positive results of the latest monitoring reports, the
City has obtained a five-month extension until April 2003 to develop the required plans.
The Public Works and Fire Departments continue to review the monitoring reports and have
received approval to relocate two monitoring probes (Attachment 3, 4 and 5) to better
evaluate the potential for migration of methane toward residential and school off-site
structures. Discussions have also begun with the City Attorney's office to determine whether
the possibility exists to recover costs for the remediation of the methane gases, since the
County of Orange retained gas and mineral rights for the property.
Although the current monitoring data and reports indicate that there are no public threats at
any of the locations, the City is still required by LEA to provide a mitigation plan by early 2003,
and to implement the plan following LEA approval. Currently, City staff is unable to provide a
definitive scope of work and cost estimate until a mitigation plan is developed and approved by
LEA. The requested funding of$110,000 will compensate BAS for an estimated total of
$70,000 of professional services already rendered, and the remaining $40,000 will be used to
monitor, develop and implement a mitigation plan for the Park prior to the new deadline set by
LEA (Attachment 6). If, for some reason, the mitigation plan calls for further improvements to
the site, staff will separately request additional funding to implement such a mitigation plan.
However, based on current City mitigation efforts, the routine monitoring data indicates a ,
S:\PMT\2003 RCA\FD 03 005 Edison Park and Central Library Funding Request.doc -4-
3/4/2003 11:57 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: March 17, 2003 DEPARTMENT ID NUMBER: FD 03-005
Analysis (continued)
favorable stable condition with no indication of public threat or migration of landfill gas.
Therefore, it is unlikely that the City will be required to implement a costly mitigation plan at
the Park.
New Appropriation Criteria: In March 1998, the City Council adopted the following three
criteria to follow in requesting a new appropriation. 1) unanticipated emergency, 2)
requirement to implement labor negotiations, 3) new expense that is offset by related new
revenues. This request falls under Criteria 1; it is an unanticipated emergency. The City is
obligated to promptly respond to all notices of violations by regulatory agencies.
Environmental Status: The scope of work described above resulted from notices of
violations by regulatory agencies.
Attachment(s):
City Clerk's
Page Number No. Description
1. Fiscal Impact Statement.
2. Notice & Order From the LEA, Dated September 17, 2002.
3. Letter to LEA Requesting Probe Replacement and Location, Dated
January 17, 2003.
4. New Secondary Probe Location Letter, Dated January 27, 2003.
5. Map of Two Relocated Monitoring Probes.
6. Five Month Extension Letter From the LEA, Dated December 11, 2002.
RCA Author: Burney/Justen/Olson/Beardsley
S:\PMT\2003 RCA\FD 03 005 Edison Park and Central Library Funding Request.doc -�
3/4/2003 11:57 AM
ATTACHMENT 1
j, CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: Clay Martin, Director Of Administrative Services
Subject: FIS 2003-23 — Appropriate Additional FY 02/03 Funds to
Perform Emergency Response at Edison Community Park and
Central Library. The City is to Investigate, Monitor and Develop a
Methane Gas Mitigation Plan at the Park.
Date: March 7, 2003
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Appropriate Additional Fy 02/03 Funds to Perform
Emergency Response at Edison Community Park and Central
Library. The City is to Investigate, Monitor and Develop a Methane
Gas Mitigation Plan at the Park".
If the City Council approves this request (total appropriation
$110,000), the estimated unreserved, General Fund Balance at
September 30, 2003 will be reduced to $3,128,000.
Clay Marti
Direct f Administrative Services
A TTA CHMENT 2
r
COUNTY OF ORANGE JULIETTE A. POULSON,RN, MN
DIRECTOR
HEALTH CARE AGENCY
MIKE SPURGEON
DEPUTY AGENCY DIRECTOR
• REGULATORY HEALTH SERVICES REGULATORY HEALTH SERVICES
ENVIRONMENTAL HEALTH STEVEN K.WONG,REHS,MPH
DIRECTOR
ENVIRONMENTAL HEALTH
Excellence MAILING ADDRESS:
2009 EAST EDINGER AVENUE
ite$gcty SANTA ANA,CA 92705-4720
r,.•,• ervice TELEPHONE:(714)667-3600
FAX:(714)972-0749
E-MAIL: environhealth@hca.co.orange.ca.us
September 17, 2002
NOTICE AND ORDER
(Compliance Order)
In the matter of: Authority:
Cannery Street Refuse Disposal Station California Code of Regulations
AKA Edison Community Park Title 14,Chapter 5,Article 4;
Magnolia Street and Hamilton Avenue and Public Resources Code,
Huntington Beach,CA Division 30,Part 5,Chapter 1,
SWIS#30-CR-0096 Article 1
CERTIFIED MAIL—RETURN RECEIPT REQUESTED
TO: City of Huntington Beach
Fire Department ,
2000 Main Street
Huntington Beach,CA 92648 m
Attention: Fire Chief Michael Dolder 4= O
TO: Huntington Beach City School District
20451 Craimer Lane 'E j 3
Huntington Beach,CA 92646 M
Attention: Dr.Jerry Buchanan 6. f
Assistant Superintendent w
PLEASE TAKE NOTICE of the following facts regarding the Cannery Street Refuse Disposal Station, AKA
Edison Community Park:
1. The former Cannery Street Refuse Disposal Station (the "Site") is located northwest of the intersection
of Magnolia Street,(formerly Cannery Street) and Hamilton Avenue in Huntington Beach, California.
The Site is located on the County Assessors parcel map in the northwest quarter of section 13 of
Township 6 South, Range 1 West, San Bernardino Baseline and Meridian. The Site is within County
Assessors Parcel Number 148-012-011 and part of Parcel Number 148-012-012.
2. The County of Orange (the "County") purchased the Site (27.7 acres) on or about December 2, 1957.
The County operated the Site as a solid waste disposal site from 1957 through 1969, when the Site
stopped receiving waste and was closed.
i Cannery Street Notice and Ordei
September 17,2002
Page 2
3. The County of Orange Health Care Agency, Solid Waste Local Enforcement Agency (LEA), has the
authority to act as the enforcement agency for this disposal site pursuant to Public Resources Code
(PRC) Section 43200 et seq. The County of Orange Health Care Agency has the authority, pursuant to
PRC Sections 45000, 45005, and 45011, to order disposal site owners who are in violation of the
aforementioned statues and regulations, to cease and desist any improper action, and to take corrective
actions to correct the violations according to a time schedule established by the LEA to abate a nuisance
or to protect public health and safety and the environment.
4. The Site is a "closed" solid waste disposal site under Title 27, California Code of Regulations (CCR)
21099(a), which includes sites that have completed all closure activities prior to November 11, 1990, in
accordance with any regulations in effect at the time of the last receipt of waste.
5. Pursuant to Title 27 CCR Section 21100(d): "Closed sites for which closure plans were not approved
pursuant to ... Section 21099... shall implement the provisions of these regulations as required by the
EA(Enforcement Agency)."
6. In order for a "closed site" to presently implement the provisions of these regulations as required by the
EA,an Enforcement Order shall be issued to the person or entity presently having possession and control
over the site.
7. The County deeded the Site (27.7 acres) to the City of Huntington Beach on November 23, 1970. The
City thereafter deeded parcel 11 of the Site to the Huntington Beach City School District of Orange
County (the "District") on April 12, 1971. The City and District are the current owners of record of the
Site,and are the only entities presently having possession and control over the Site.
8. Twelve (12) landfill gas monitoring probes were installed between September 22 and October 31, 2000,
at the Cannery Street Refuse Disposal Station. Monitoring of the probes on October 2, October 4, and
November 1, 2000, revealed potentially hazardous levels of landfill decomposition gas (up to 60.3%
methane by volume) in four (4) of the probes located along the site boundaries adjacent to the nearby
homes (to the west of the site)and the school(to the north of the site).
9. Per Section 20919, Article 6, Subchapter 4, Chapter 3, Division 2, Title 27, CCR, this Agency notified
the City of Huntington Beach and the Huntington Beach City School District in a Notice and Order dated
December 11, 2000, that it considers the presence and concentration of landfill decomposition gas
detected in the landfill gas monitoring probes to be a potential hazard to the adjacent school and
residential housing. The Notice and Order required specific actions from the City of Huntington Beach
and the Huntington Beach City School District to protect public health and safety and the environment.
10. A Partial Combustible Gas Assessment Report was generated by Geoscience Analytical, Inc. (GSA) for
Huntington Beach City School District on December 27, 2000. This report stated that no landfill gas
was present inside the Kettler Elementary School or in areas surrounding the school property.
11. Under the authority of the Huntington Beach Fire Department, GSA conducted methane monitoring in
three (3) residences immediately adjacent to the Cannery Street Landfill on the western boundary on
December 29, 2000. No landfill gas was reportedly detected in the homes, but a cable box behind one of
the residences was stated to contain methane levels in excess of 10% of the lower explosive limit (LEL)
for methane. Also on this date, GSA submitted a Partial Combustible Gas Assessment to the City of
Huntington Beach for the Cannery Street Landfill. This report indicated significant levels of methane
were present at the western boundary of the site.
12. GSA installed three (3) passive landfill gas vents at the western perimeter of the Cannery Street Landfill,
and two (2) passive vents at the northern perimeter on January 30, 2001, as a temporary mitigation
measure for landfill migrating to these areas.
Cannery Street Notice and Order
September 17,2002
Page 3
13. The LEA sent a letter to the City of Huntington Beach on February 6, 2001, instructing them to initiate an
immediate assessment of landfill gas at all additional residences adjacent to the site and begin an
immediate weekly monitoring program of the twelve (12) landfill gas monitoring probes. The letter also
required that the City submit a landfill gas monitoring and control plan for the site. Under the authority
of the Huntington Beach Fire Department,GSA conducted a methane gas survey of the interior of twenty-
three (23) additional residences adjacent to the Cannery Street Landfill on March 1-3, 2001. The report
prepared by GSA for the City of Huntington Beach regarding this survey stated that no methane levels
were found in any of the residences. The exterior areas of the houses were also inspected at this time and
no landfill gas was reported.
14. Regular reports were submitted to the LEA from GSA summarizing landfill gas data reportedly collected
at the Cannery Street Landfill during monitoring of probes commencing on March 22, 2001, and
continuing through July 2002.
15. At the request of the City of Huntington Beach, the LEA reduced the required monitoring of landfill gas
probes at the site from weekly to bi-weekly on September 18, 2001. Levels of decreasing methane at the
site, as indicated on the GSA weekly probe monitoring reports,were noted by the LEA as justification for
this action.
16. The LEA sent the City of Huntington Beach a letter on January 22, 2002, acknowledging the reduced
concentrations of methane at several probes at the Cannery Street Landfill based on weekly and bi-weekly
monitoring reports submitted by GSA. In this letter the LEA noted high levels of methane recorded at
probes GP-3A, GP-7 and GP-8 and again required the City of Huntington Beach to submit a remediation
plan for methane generation at the site.
17. The City of Huntington Beach sent the LEA a letter on April 30, 2002,requesting to delay a workplan for
permanent landfill gas remediation at the Cannery Street Landfill citing possible major renovation to the
park at an unspecified future date. In this letter, the City of Huntington Beach suggested extending the
landfill gas passive venting system at the site. Monitoring data provided to the City of Huntington Beach
from GSA was cited by the City as evidence that current mitigation measures at the site were effective.
18. The LEA conducted landfill gas surveys of monitoring probes at the Cannery Street Landfill on June 3
and 4,2002. During these surveys,LEA inspectors noted that few, if any of the probes appeared to have
been accessed for a significant amount of time. Due to these findings, a joint investigation by the LEA
and the Orange County District Attorney(OCDA)was initiated. The investigation included placing wax
seals on the probe petcock valve handles and on the probe cover, and conducting surveillance at the site
to determine the extent of probe access and sampling. Surveillance revealed that no monitoring of the
sealed probes was conducted by GSA at the site from at least June 3, 2002, through July 5, 2002.
Despite this, two bi-weekly monitoring reports were submitted to the LEA by GSA that contained data
reportedly taken from the probes during this time. Each of these reports indicated that all probes were in
compliance with allowable perimeter methane levels per Title 27 CCR, section 20921 (a)(2).
19. Based on the LEA/OCDA investigation at the Cannery Street Landfill, the LEA determined that GSA
provided fraudulent data to represent the methane migration conditions at the site, and in doing so
endangered the health and safety of the public and environment. As a result of this investigation, the
Orange County District Attorney's Office will be taking legal actions against GSA.
20. The LEA has determined that all documents regarding the Cannery Street Landfill submitted to the LEA
from GSA, as well as documents submitted to the LEA from the City of Huntington Beach which
reference data gathered by GSA, potentially contain questionable data and therefore cannot be relied
upon to represent a true and complete model of the actual extent of LFG generation and migration at the
site. The LEA no longer regards these documents as a credible representation of the actual level of
protection of public and environmental health and safety currently enacted at the site.
Cannery Street Notice and Ordei
September 17,2002
Page 4
21. The LEA met with the City Administrator and other representatives of the City of Huntington Beach and
the Huntington Beach City School District on August 28, 2002, to discuss the findings of the
LEA/OCDA investigation.The City of Huntington Beach and the Huntington Beach City School District
were directed to re-asses all work formally completed by GSA, as well as any information submitted to
the LEA that may contain reference to documents authored by, or data gathered by GSA. The City of
Huntington Beach and the Huntington Beach City School District were directed to retain a qualified
consultant who is specifically experienced in landfill gas monitoring, assessment, and remediation.
Additionally,the City of Huntington Beach and the Huntington Beach City School District were directed
to assess all structures on, or immediately adjacent to the Cannery Street Landfill with regard to the
health and safety of residents, school children, and park patrons who may be impacted by the hazard of
migrating landfill gas from the site, and if a hazard from landfill gas exists, take all necessary steps to
protect public and environmental health and safety.
22. On August 30,2002,the City of Huntington Beach Fire Department and their consultant Bryan A. Stirrat
and Associates commenced methane monitoring in residences immediately adjacent to the Cannery
Street Landfill. Additionally, the LEA and Orange County Health Care Agency's Emergency Response
personnel conducted methane monitoring within the Kettler School,Edison Park Community Center and
the Huntington Beach Fire Department station.
23. On September 10, 2002, the LEA met with the City of Huntington Beach Fire Chief and other
representatives of the City of Huntington Beach and the Huntington Beach City School District to
discuss the status of the work performed to date in response to the directives addressed in the August 30,
2002, meeting. The City of Huntington Beach and the Huntington Beach City School District informed
the LEA that a new qualified consultant had been retained, weekly monitoring had commenced on
August 30, 2002, and all but three(3) of the adjacent residences had been monitored for landfill gas and
that no landfill gas had been encountered.
THEREFORE THE OWNERS, CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH CITY
SCHOOL DISTRICT,ARE HEREBY ORDERED TO:
1. Continue all efforts necessary to immediately conduct methane monitoring of the three (3) remaining
residences adjacent to the landfill.
2. Continue weekly monitoring of all landfill gas monitoring probes at the Cannery Street Landfill. A
report summarizing the results of the weekly monitoring is to be submitted to the LEA no later than five
(5)business days after the date of each monitoring event.
3. Submit to the LEA a Findings Report summarizing the results of the residential methane monitoring
surveys and all other methane monitoring conducted as a result of the reassessment of work previously
performed by GSA within seven(7)business days of receipt of this Notice and Order.
4. Submit a written Proposed Corrective Action work plan and a Proposed Long-Term Landfill Gas
Remediation Plan within forty-five (45) business days of receipt of this Notice and Order. The City of
Huntington Beach and the Huntington Beach City School District, along with a qualified environmental
consultant must arrange to meet and discuss these plans with the LEA prior to submission deadlines.
5. Within ninety (90) business days of when the LEA provides written notice of approval of the corrective
action work plan, submit to the LEA a report of completion of the corrective action work plan. The
corrective action taken must be done according to the satisfaction of the LEA
PLEASE TAKE FURTHER NOTICE THAT:
1. This Notice and Order supersedes the previous Notice and Order issued by the LEA dated December 11,
2000.
Cannery Street Notice and Order
September 17,2002
Page 5
2. The LEA reserves the right to terminate or amend this Notice and Order if conditions warrant such
action.
3. Pursuant to PRC Sections 45011, 45014, and 45023, should the City of Huntington Beach and/or the
Huntington Beach City School District fail to comply by the deadline in this Compliance Order,the LEA
may seek administrative civil penalties in an amount not to exceed five thousand dollars ($5,000) for
each day the violation occurs, or petition the superior court for injunctive relief to enforce this order and
seek civil penalties not to exceed ten thousand dollars ($10,000) per day for each violation, against any
person who intentionally or negligently violates any provision of applicable solid waste statute or
regulation.
4. Should the City of Huntington Beach and/or the Huntington Beach City School District fail to comply by
the specific date in this Compliance Order, the LEA or the California Integrated Waste Management
Board(CIWMB)may either take corrective action itself or contract for corrective action to be completed
by an outside party. Corrective action taken by the LEA, the CIWMB or an outside party will be at the
expense of the owners or both and are recoverable pursuant to Sections 45000 and/or 48020, et seq. of
the Public Resources Code.
5. Pursuant to Section 44307 of the Public Resources Code, the City of Huntington Beach and/or the
Huntington Beach City School District has the right to appeal this Notice and Order to the County of
Orange Solid Waste Hearing Panel.
If there are any questions regarding the requirements of this Notice and Order, please contact Karen Hodel,
Program Manager of the Solid Waste Local Enforcement Agency at(714) 667-2022.
Sincerely,
A4$2
Steven K.Wong,REHS,MPH
Director of Environmental Health
Solid Waste Local Enforcement Agency
cc: Mike Spurgeon, Deputy Agency Director,Health Care Agency
Scott Walker,California Integrated Waste Management Board
Richard Tambara,South Coast Air Quality Management District
Dixie Lass,Santa Ana Regional Water Quality Control Board
Suzanne McClanahan,County of Orange Integrated Waste Management Department
' Cannery Street Notice and Order
September 17,2002
Page 6
DECLARATION
I, Steven Wong, declare as follows:
1. I am duly employed as the Director of the Solid Waste Program, Orange County Health Care Agency,
Environmental Health Division.
2. I have read the following Notice and Order, and know the contents thereof. The basis of my information
and belief is because of a review of Orange County Environmental Health records and review of records
by Karen Hodel,Program Manager, and Patricia Henshaw, Supervising Hazardous Waste Specialist, Solid
Waste Program. The same is true of my own knowledge,except as to those matters, I believe to be true.
I declare under penalty of perjury under laws of the State of California that the foregoing is true and correct.
Executed at 2009 E. Edinger Avenue,Santa Ana,CA 92705 on September 17, 2002
A TTA CHMENT 3
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
FIRE DEPARTMENT
January 17, 2003
Ms. Patricia Henshaw, REHS
Supervising Hazardous Waste Specialist
County of Orange Health Care Agency
2009 East Edinger Avenue
Santa Ana, CA 92705-4720
RE: EDISON COMMUNITY PARK; AKA CANNERY STREET REFUSE DISPOSAL STATION
Dear Ms. Henshaw:
This letter will supersede the letter dated January 10, 2003, from Charles W. Burney, Division
Chief/Fire Marshal of the City of Huntington Beach (City) to Steven K. Wong of the County of Orange
Health Care Agency, Solid Waste Local Enforcement Agency (LEA). This letter has been modified to
include recommendations made during discussions between City staff and Mr. Ossama Abu-Shaban
of the LEA.
The City received a time extension from the LEA on December 11, 2002, regarding Edison
Community Park; AKA Cannery Street Refuse Disposal Station. The new deadline for submission of
the Corrective Action Plan is April 21, 2003.
On December 20, 2002, methane-monitoring results indicated that Compliance Probes Nos. C-GP-7
and C-GP-8 showed an increase in methane level after a period of heavy rainfall. Same day field
observation by City staff confirmed that the adjacent areas south of the probes have heavy ponding.
As mentioned in an earlier letter dated November 15, 2002, the City found that excessive irrigation did
increase methane levels at compliance probes near the westerly boundary, and is continuing
investigation to determine the effect of natural precipitation and its correlation to methane gas
production at the site. Being that both existing probes are installed at about 20 feet from the nearest
northerly property line, it is not possible to determine whether methane gas from the closed-landfill is
migrating offsite in levels that exceed regulatory limit.
The City is requesting authorization to install two new Compliance Probes Nos. C-GP-7A and C-GP-
8A, which will replace probe Nos. C-GP-7 and C-GP-8, respectively. The new probes will be installed
at about two feet from the northerly property line by the asphalt playground of Kettler School, directly
north of the existing probes (see attached exhibits). These new probes will ascertain with very high
degree of confidence whether methane gas from the closed-landfilNs migrating offsite in levels that
exceed regulatory limit. This approach is justified by the City's past records, which showed methane
levels at Compliance Probe Nos. C-GP-3 (located approximately 12 feet from the adjacent property
line) had occasional high readings in methane levels, while the replacement Compliance Probe Nos.
C-GP-3A (installed by the County of Orange and located at about two feet east of the westerly
property line) has had consistent methane levels at 0% by volume since October 2002.
Please note that the exhibit labeled as "Figure 2° (cross section of shallow probe)was obtained from
the January 16, 2001, County of Orange's CLEAR project report, prepared by a consulting firm named
TRC. The new probes will slightly differ from TRC's original design as follows:
Patricia Henshaw—January 17, 2003
Page 2
• Boring diameter will be a minimum of 6-inches
• Perforation section will be a minimum of 2 feet long
• Although the City intends to bore to a depth to meet groundwater table (about 7 to 8 feet in
depth), past records show refusal near a depth of 5 feet (which is the approximate depth of
probe C-GP-7 and C-GP-8)
• % inch Schedule 40 PVC Pipe
• Clean gravel backfill
• PVC coupling, bushing and cap
After installation of the new probes, the City will provide LEA with borehole logs, final probe
construction details, and a site map showing locations of all compliance probes including C-GP-7A
and C-GP-BA.
After the City has collected several weeks of monitoring data at the two new compliance probes, and
if the results are favorable showing methane levels below regulatory limit, the City will submit a
request for a reduction in monitoring frequency.
The City is currently in contact with the South Coast Air Quality Management District (SCAQMD) and
has confirmed that no permit is required from SCAQMD for the installation of the new shallow probes
on native soil.
The City is prepared to start work on January 31, 2003, and will be supervised by a licensed engineer
from Bryan A. Stirrat &Associates.
If you have any questions, please contact Mr. Duncan Lee at (714) 375-5118.
Sin erely,
l
Charles W. Burney
Division Chief/Fire Marshal
Huntington Beach Fire Department
CWB/DUjm/sm
Attachments (2)
cc: Duane Olson, Acting Fire Chief
Ray Silver, City Administrator
Robert Beardsley, Director of Public Works
Jim Engle, Acting Director of Community Services
Duncan Lee, Associate Civil Engineer
Dick Master, Huntington Beach City School District
Dr. David Perry, Huntington Beach City School District
Steven K. Wong, County of Orange Health Care Agency
Occupancy Files
s:\fmt\burney\edison community park\revised new probes 7 and 8 to lea.doc
00-115SOPSP-01 REV.09/06/00
AS SHOwN IN VW'r FI'Guk'E� -*f-E MDZVrAA?to>v TO TieC'S 091'41Nlt &016E 2C-S16A/J Fi9ik0 �i.! TfiC I16�0/
MEPO2T T"o(Z 7KE COoNT NY DF URi� GE rNTe'ORAT&-o w/�STE M [�Alvil4e"ew? eTARTtiENr, KoA �12EC?cb R7 THL L oCA�
1=N 1=UQ[EMEN? gGENL y IN ,e{[CORL IvCE ?� CACIFa2•viA C'�v� of 2C-Gvt-A7i&A1 7/ TCk 27 SEC?/ON 2,9 2 J
12"DIA.
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COVER
1« .r a• .
\\ \\\\ 2 \\\\\\\\
FIELD FIT
I� *I, PVC'THRE•ABEB-GAP COLIPLING 6uSlllNU
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LABEL
" " '94 S"Y S/v /'iJt F'11'6
.40 f1ER-89RK'
HAND TAMPED AUGER CUTTINGS
5'-0" VARIES
CCG-�1N �C'OC/< C�/tANU«}K,
> 7HE I NTE►.r'1" fs To �3oRC " 1/8"DIA.HOLES-2"O.C. v `S"10A��
T4 C,RUvnIDt�A?�72 T�4t�L�� s (2 ROWS @ 180 DEG.APART) �GAN S.
L0 CA?�ro Ad ovr �-7 Ta j
FQT�7' vEVI UA/6E56 REFP-FA ; IT"` O t£ij a i No.IC 825 � f
O It
a.. PVCflE9 CAP ;;\q Crvlk
Duncan Lee SHALLOW SOIL GAS PROBE
JAN 16 2003 ORANGE COUNTY INTEGRATED
WASTE MANAGEMENT DEPARTMENT
TTRC FIGURE 2
Compliance Probes Installation Detail
See "Figure 2" for typical cross-section of shallow probe.
.t
# Property Owner:
Huntington Beach City School District
New probe no.C-GP-7A New probe no. C-GP-8A
replacing existing probe no. replacing existing probe no.
C-CG-7 will be—2 feet south C-GP-8 will be—2 feet south
of property boundary of property boundary
j Property BoundarK
' Existing probe no.C-GP-7,
located —16 feet south of Existing probe no.C-GP-8,
property boundary located—21 feet south of dy a
property boundary f'
Property Owner:
Huntington Beach City School District
A TTA CHMENT 4
T i
r ,
COUNTY OF ORANGE JULIETTE A. POULSON, RN, MN
DIRECTOR
HEALTH CARE AGENCY
MIKE SPURGEON
DEPUTY AGENCY DIRECTOR
REGULATORY HEALTH SERVICES REGULATORY HEALTH SERVICES
ENVIRONMENTAL HEALTH STEVEN K.WONG,REHS,MPH
DIRECTOR
(,,� ENVIRONMENTAL HEALTH
`EXGe1lence MAILING ADDRESS:
2009 EAST EDINGER AVENUE
terty SANTA ANA,CA 92705-4720
�CQ TELEPHONE:(714)667-3600
FAX:(714)972-0749
E-MAIL: environhealth@hca.co.orange.ca.us
January 27, 2003
Charles Burney, Division Chief/Fire Marshall
Huntington Beach Fire Department
2000 Main Street
P.O. Box 190
Huntington Beach, CA
92648-2702
Subject: Approval for Probe Construction, C-GP-7A and C-GP-8A,
Cannery Street Landfill, SWIS No. 30-CR-0096,Huntington Beach, CA
Dear Chief Burney:
The Orange County Solid Waste Local Enforcement Agency (LEA) has received your letter
dated January 17, 2003 requesting replacement of C-GP-7 and C-GP-8 with new compliance
probes C-GP-7A and C-GP-8A, to be installed at or very near the northern property boundary
line. We have thoroughly reviewed this document and are offering our approval for this project,
with the following conditions:
1. Please notify the LEA no less than two working days prior to the project commencement
date if it is different than January 31, 2002.
2. Submit boring logs and construction details (as-builts) for the proposed probe within ten
business days after project is completion.
3. Submit an updated site map, neatly drawn to scale, showing all compliance probes,
including C-GP-7A and C-GP-8A.
4. Commence weekly monitoring of probes C-GP-7A and C-GP-8A during the next
regularly scheduled weekly monitoring event for the site. No more than five business
days should pass after installation of C-GP-7A and C-GP-8A before monitoring of the
new probes commences.
5. All technical diagram submittals (as-built diagrams, boring logs, etc) must be neatly
drawn (Auto-CAD quality) with typed text. Freehand drawings or handwritten text will
not be accepted.
f Charles Burney
January 28, 2003
Page 2 of 2
Also note that the design of C-GP-7A and C-GP-8A, while slightly different, will not affect the
requirements of the remaining compliance probes at this site. However all future compliance
probes (be it replacement of existing ones or not) shall comply with the requirements of
California Code of Regulations, Title 27, Section 20925.
This approval does not relieve the City from its obligation for obtaining approval(s) from all
other pertinent regulatory agencies.
The LEA appreciates the cooperation of the City of Huntington Beach in the continuation of this
project. If you have any questions,please call Sam Abu-Shaban at(714) 667-2026.
Sincerely
Patricia Henshaw, REHS
Supervising Hazardous Waste Specialist
Solid Waste Local Enforcement Agency
Environmental Health
cc: Kevin Kondru, IWMD
Rich Tambara, SCAQMD
A TTA CHMENT 5
Kettler School & Edison Community Park
Northwest Corner at Magnolia & Hamilton Notes:
1. New replacement Compliance Probes were installed by
METHANE GAS DETECTION PROBES City Parks & Landscape personnel, supervised by licensed
Installation of Replacement Compliance Probes C-GP-7A&C-GP4A from BrgyaneA.f Stirroet.
oth the City and consulting engineer
2. New replacement Compliance Probes were installed on
Huntington Beach City District Property, to be paid for
by the school district.
3. SCAQMD permit was not necessary since the new
gyp. S, replacement Compliance Probes were installed outside of
the dosed-landfill refuge boundary.
Qpti'G� C 4. New replacement Compliance Probes were installed on
BOLSA AVE. p Jonbary 31, 2003.
Mc FADDEN VE. 5. As shown in sheet 3, which is a modification to TRC's
original probe design, found in the January 16, 2001
rn " EDINGER AVE. report from the County of Orange Integrated Waste
zT
$ HB. SCHOOL - - Management Department (IWMD), was directed by the
o iHEILOW < AVE alDISTRICTLocal Enforcement Agency, in accordance to California
9 F _ PROPERTY Code of Regulation, Title 27, Section 20925.
5 WARNER a AVE. * *.
ELl 16. New replacement Compliance Probes C-GP-7A and
I C-GP-8A replaced existing "CLEAR Project" Probes
SLATER AVE. 405 C-GP-7 and C-GP-8 respectively.
1.2
TALBERT AVE.
PACIFIC z PR07EGT LOCATION
ELLIS AVE.
GARFlELO F AVE-F o - EDISON... - p.
eQ y YORKTOWN AVE. 3 mI COMMUNITY PARK"
a AOAMs AVE N -
INDIANAPODS 3 o AVE.Y -
TI.wrA AVE. HAMILTON AVE_
hHAJLT0- AVE. LIST OF DRAWINGS
SHEET DESCRIPTION
N NO
OCEAN 1 TITLE SHEET
2 LOCATION OF PROBES & PASSIVE VENTS
3 PROBE CROSS SECTIONS &BORING LOGS
VICINITY MAP LOCATION MAP
N.T.S. N.T.S.
�rESS/ ESS/
`D A
Na 44825 No.4796I
* ExF'9-'91'44 * * En�.I2-3t-D3
g CM\- CNIt �a�c
9�qr CAL\`' �TFQ�'CAt\fur
nw uN�
PRFP tII10ER ME SUPERNSION OR
TITLE SHE
M"E NO.:a4uzs EIw.DATE !71 a »ffl N0
�.Y
ether School & Edison Community Park
RECORD DRAWING
" °°" � Northwest Corner at Magma 81;Hamilton OF
CmONNEM 0.Q A N Yb.P.E D.WaIK LM W OF IfW1 i MN 1 VIA BEACH aM Gas D66MOM P 3
R.L.E.NQ_C4W#1 EV.DAMIJaI&M_ 4 OEPAiNwrf CW Puft=WORIM
�4 �
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zY
,.
f (`rrl rk .fir
LEGEND_
I iF
b. EXISTING PASSIVE VENTING WELLS BY CITY OF HB
� EXISTING 'CLEAR PROJECT' COMPLIANCE PROBES BY I'✓M L E BE G
• ,' :GP— � -, Y,, * REPLACEMENT COMPLIANCE PROBES BY CITY OF HB
E,
Q EXIST%NLT CL679R /°12o7ECf P203E5 Rrpt-AC,
x 13Y NEI✓ REPLACEI-2ENT cov�PL=HNtc P�a/3t>
�QVQF ESSI QF OFESS Ip�
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` I
- 9r CIVIC s �yT clvi� .P
CF CgOF� F OF CAL
PREPARED UNDER THE SUPERNSIDN OF NO
Location of Probes$Passive Vents
7t "G
—D, S.L.. - Dat.: Z
RECORD DRAWING R " su E%P DATE. °°
APPROVED
Kettler School & Edison Community Park
APPROVED R" Northwest Corner at Magnolia$Hamilton OF
_Dav::0� LQ CITY OF HU0NGTCN BEACH Methane Gas Detection Probes b CIfV ENQNEER DaMd A.WWb,PE. 3
Ca1901 EXP DAiE:12 ]I C] A DEPARTMENT OF PUBLIC WORKS
t2' ➢IA. —
UCI<ABLE ' BORING NO. C--GP-7A
LABCOCK VALVE PROBE z I
(SAMPLING PORT) CUVER w V`-i o I DRILLING CO.: CITY PERSONNEL
� �w
z it w RIG TYPE: 6" AUGER WITH "BOBCAT"
z a_ 0 DATE BEGAN: 1/31/03
o o FIELD ENGINEER\
t<a - - a <3 a- GEOLOGIST: DUNCAN S. LEE DATE FINISHED: 1/31/03
O Pi 4
CHECKED BY: DAVID A. WEBB GROUND SURFACE EL.: N A
W o 4 (A) Z
w
~a¢ a DESCRIPTION
r PVC COUPLING & BUSHING 0
z SILTY CLAY: Tannish Brown
(B) --
N z
la z
W
W
F
j c=-, 0 5 N/A SILTY CLAY: Tannish Grey
of o HYDRATED BENTONITE PELLETS
w w t-
z � o —
ra a 3/4' SCH. 40 PVC PIPE CLAY: Light Gray, Moist.
w
w
o CLAY: Light Gray, Saturated.
z w a 10
U 1- (C)
U U H -TOTAL DEPTH OF BORING: 10 FEET.
N N
w m -NO REFUSE OBSERVED IN BORING
ED -SHALLOW GAS PROBE INSTALLED TO WATER SATURATED CLAY
M a- 'N/A = NOT APPLICABLE
a- 0 HAND TAMPED AUGER CUTTINGS -
0
z U BORING NO. C—GP-8A
a zr
CI I- �o~
w '^o DRILLING CO.: CITY PERSONNEL
li rn u_ w
(D) z ¢w Lz RIG TYPE: 6" AUGER WITH "BOBCAT"
z o- o DATE BEGAN: 1/31/03
CLEAN ROCK (GRANULAR) o Of FIELD ENGINEER\a <� o_ GEOLOGIST: DUNCAN S. LEE DATE FINISHED: 1/31 03
o D:oI
WE CHECKED BY: DAVID A. WEBB GROUND SURFACE EL.: NIA
O Z
O CE) 0 I a DESCRIPTION
1/8' ➢IA. HOLES - 2' D.C. SILTY CLAY: Tannish Brown
C2 ROWS @ 180' APART)
SILTY CLAY: Tannish Grey
O asphalt encountered at 4.5 feet.
O 5 N/A SILTY CLAY: Dark Grey w/ Small Aggregate
O PVC CAP
<F) CLAY: Light Gray, Moist.
CLAY: Light Gray, Saturated.
CG) 10- ---
-TOTAL DEPTH OF BORING: 9.5 FEET.
-NO REFUSE OBSERVED IN BORING
-SHALLOW GAS PROBE INSTALLED TO WATER SATURATED CLAY
CONSTRUCTION DETAILS N/A = NOT APPLICABLE
APPROXIMATE DISTANCE FROM GROUND SURFACE (ft)
GAS PROBE BORING N0. BOTTOM OF BOTTOM OF BOTTOM OF BOTTOM OF TOP OF BOTTOM OF DIAMETER QjcFESSi QF'l; %q1y
CONCRETE TRAFFIC BENTONITE TAMPED SCREENED PROBE (INCHES) N S, � �� �p A.
SURFACE BOX SEAL AUGER INTERVAL CASINGpJ
SEAL SEAL
(A B C (0 (E (F) G No. 44825 Na. 47961 �m^
,k Exp, -06 * Exp, 31-13
C-GP-7A 0.2 1.0 2.0 7.5 8.0 10.0 6
C7GP-8A 0.2 1'0 2.0 7.0 7.5 9.5 6 gTF CIVI``4 `P �gT� CIVlt` `P
NOT TO SCALE VI Cr
Nw L,Vw
PREPARED UNDER THE SUPERVISION OF: 21 Z v PROBE CROSS SECTIONS 8 BORING LOGS ' '"EMI"c
°"—S.`" °t' Kettler School & Edison Community Park 3
RECORD D R A�'�i N G IMF NQ:a44ea9 Ems.DATE: 3 SI CO
APPROVED BY:
Northwest Corner at Magnolia&Hamilton 'F
Z— CITY OF HUNTINGTON BEACH Methane Gas Detection Probes 3
aTY Enan Do.u A.wan. ._ D91.:
l G.E.na.:C479e1 EXP.DATEIZS1 PUBLIC WORCSPARTMENT OF
ATTACHMENT 6
COUNTY OF ORANGE JULIETTE A. POULSON, RN, MN
HEALTH CARE AGENCY DIRECTOR
MIKE SPURGEON
DEPUTY AGENCY DIRECTOR
REGULATORY HEALTH SERVICES REGULATORY HEALTH SERVICES
ENVIRONMENTAL HEALTH STEVEN K.WONG,REHS,MPH
DIRECTOR
ENVIRONMENTAL HEALTH
(-Excellence MAILING ADDRESS:
2009 EAST EDINGER AVENUE
te�ty SANTA ANA,CA 92705-4720
twice TELEPHONE:(714)667-3600
( FAX:(714)972-0749
E-MAIL: environhealth@hca.co.orange.ca.us
December 11, 2002
Fire Chief Michael Dolder
City of Huntington Beach Fire Department
2000 Main Street
Huntington Beach,CA
92648
Subject: Corrective Action Plan Extension,Cannery Street Landfill(A.K.A.Edison Park)
SWIS#30-CR-0096
Dear Chief Dolder:
This letter is our official follow-up to the November 22, 2002 email sent to the City of Huntington Beach
(City) by the LEA. The LEA has approved the request for a five month extension for the Corrective
Action plan required by the September 17, 2002 Notice and Order for the former Cannery Street Landfill.
It is understood that current monitoring at the site indicates compliance at all probes, and that prescribed
monitoring will continue. The LEA has noted measures taken by the City to decrease methane levels at
the site perimeter as justification for this extension. Please note that the new deadline for submission of
the Corrective Action Plan is April 21,2003.
Thank you for the hard work preformed by you and your staff at this site to insure the continued
protection of public health and safety. If you have any questions, please call Randy Styner at 714-667-
2053.
Sincerely, Distribution
City of Huntington Beach /2,17-
���
JRich Barnard
Robert Beardsley
Patricia Renshaw,REHS Amy Bodek ;11;
Supervising Hazardous Waste Specialist Chuck Burney C*
Solid Waste Local Enforcement Agency Michael bolder n C3
Environmental Health Division Jim Engle _ crl
John Fujii
cc: Jerry Buchanan,HBUSD Duncan Lee '®
Rich Tambara, SCAQMD Duane Olson 3
Dixie Lass,RWQCB-SA Dave Webb
Suzanne McClanahan,OCIWMD Ray Silver
Glenn Young, CIWMB MPD
RCA ROUTING SHEET
INITIATING DEPARTMENT: Fire Department
SUBJECT: APPROPRIATE ADDITIONAL FY 02/03 FUNDS TO
PERFORM EMERGENCY RESPONSE INVESTIGATION
AND MONITORING AT EDISON COMMUNITY PARK AND
CENTRAL LIBRARY. THE CITY IS TO INVESTIGATE,
MONITOR AND DEVELOP A METHANE GAS MITIGATION
PLAN AT THE PARK.
COUNCIL MEETING DATE: March 17, 2003
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome Not Applicable
Subleases, Third Party Agreements, etc.
Approved as to form by CityAttorne Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Attached
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Find in s/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ) ( I
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
SpaceOnly)
RCA Author: Burney/Justen/Olson/Beardsley
REQUEST FOR LATE SUBMITTAL
(To accompany RCA's submitted after Deadline
Department: Fire Subject RCA re: Methane Monitoring and Mitigation
FCouncil Meeting Date: 03/17/03 Date of This Request: 03/07/03
REASON (Why is this RCA being submitted late?):
Fiscal Impact Statement was requested on February 19, 2003, but not provided until
March 7, 2003.
EXPLANATION (Why is this RCA necessary to this agenda?):
The City needs to pay consultant services that have been utilized since August, 2002 in order to
comply with a "Notice and Order" issued by Orange County Health Care Agency on
September 17, 2002. The order requires the City to re-evaluate the methane gas threat to
residences near Edison Park.
CONSEQUENCES (How shall delay of this RCA adversely impact the City?):
The City would not be able to pay for service requested by a verbal contract and would be in
violation of the "Notice and Order" by not having the services of a qualified environmental
consultant.
Sign ture: EMpproved 0 Denied
LL Department Head Ray Silver
! City Administrator
Request for RCA Late Submittal FD03-005.doc 07/14/94
REQUEST FOR COUNCIL ACTION
MEETING DATE: March 17, 2003 DEPARTMENT ID NUMBER: FD 03-005
Analysis (continued)
The LEA conducted site visits on June 3 and 4, 2002, and noted that a few of the probes
appeared not to have been accessed for a significant amount of time although data was still
being reported. Based on these findings, LEA and Orange County District Attorney (OCDA)
began to conduct a joint investigation of the City's consultant. This investigation concluded
that several probes were not monitored, but reports were submitted that indicated readings
had been obtained. As a result, LEA met with City and HBCSD representatives on August
28, 2002 to discuss their findings and to direct a re-assessment of all work preformed by the
City's consultant. All buildings on and adjacent to the site were required to be monitored for
methane gas and a weekly monitoring program was again required.
Immediate action was taken by the City to retain another consultant, Bryan A. Stirrat &
Associates (BAS), and begin the re-assessment of private residences, Kettler School, Edison
Community Center, Fire Station 4-Magnolia and all monitoring probes at the site. This work
was completed within seven (7) days of the initial meeting with LEA and again, no methane
was detected on the exterior or interior of any buildings. The City's consultant began weekly
monitoring and developed a work plan, which was approved by LEA, requiring reports to be
submitted within five business days of the monitoring.
On September 17, 2002, LEA issued a new Notice and Order (Attachment 2)to the City and
HBCSD. This Notice and Order requires weekly monitoring of the site and the development
of a corrective action and remediation plan within 45 days. The City has worked with the
HBCSD to comply with this Notice and Order by maintaining the weekly monitoring,
conducting a comprehensive review of all prior activities and reducing Park irrigation to
curtail methane production. Based on the positive results of the latest monitoring reports, the
City has obtained a five-month extension until April 2003 to develop the required plans.
The Public Works and Fire Departments continue to review the monitoring reports and have
received approval to relocate two monitoring probes (Attachment 3, 4 and 5) to better
evaluate the potential for migration of methane toward residential and school off-site
structures. Discussions have also begun with the City Attorney's office to determine whether
the possibility exists to recover costs for the remediation of the methane gases, since the
County of Orange retained gas and mineral rights for the property.
Although the current monitoring data and reports indicate that there are no public threats at
any of the locations, the City is still required by LEA to provide a mitigation plan by early 2003,
and to implement the plan following LEA approval. Currently, City staff is unable to provide a
definitive scope of work and cost estimate until a mitigation plan is developed and approved by
LEA. The requested funding of$110,000 will compensate BAS for an estimated total of
$70,000 of professional services already rendered, and the remaining $40,000 will be used to
monitor, develop and implement a mitigation plan for the Park prior to the new deadline set by
LEA (Attachment 6). If, for some reason, the mitigation plan calls for further improvements to
the site, staff will separately request additional funding to implement such a mitigation plan.
However, based on current City mitigation efforts, the routine monitoring data indicates a
S:\PMT\2003 RCA\FD 03 005 Edison Park and Central Library Funding Request.doc 4-
3I4I2003 11:57 AM