Loading...
HomeMy WebLinkAboutResolution 99-38 - Concerning Possible Threat of Groundwater 61) r�9-3" bRok 2v5 Council/Agency Meeting Held: Deferred/Continued to: 0-/Approved ❑ C ditionally Approved ,o ❑ enied _ O)r OF A 06M ()Ty y Clerk's Signature Council Meeting Date: June 7, 1999 Department ID Number: W-98/99-8 CITY OF HUNTINGTON BEACH gym, REQUEST FOR ACTION L SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL' , SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOF 'lo ('kW PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK SUBJECT: ADOPT RESOLUTION CONCERNING POSSIBLE THREAT OF GROUNDWATER CONTAMINATION BY METHYL TERTIARY- BUTYL ETHER (MTBE) AeS, /D® . Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Methyl tertiary-butyl ether (MTBE) is an additive designed to make gasoline burn cleaner. MTBE is a known carcinogen and will transfer easily to groundwater from leaking storage tanks. It is expensive to remove once it is in the water supply. Huntington Beach has been identified as having the greatest potential MTBE threat in Orange County. The attached resolution recommends that a number of mitigation actions be taken immediately by local, State and Federal officials. Funding Source: Not applicable. Recommended Action: Motion to: Adopt the attached Resolution No. 99-3� concerning the possible threat of groundwater contamination by Methyl Tertiary-Butyl Ether (MTBE). Alternative Action(s): Do not adopt the Resolution. REQUEST FOR ACTION MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: W-98/99-8 Analysis: Under Federal law, gasoline refiners must add an oxygenate to California Phase II Reformulated Gasoline to reduce air pollution. Methyl tertiary-butyl ether (MTBE) and other ethers have been used for this purpose. However, it has been found to have no significant effect on exhaust emissions from advanced technology vehicles. MTBE is a known carcinogen, is highly soluble in water and will transfer readily to groundwater from gasoline leaking from underground storage tanks, pipes and other gasoline distribution components. A recent study by a consortium of faculty from four University of California campuses recommends that MTBE be gradually phased-out as an additive to gasoline. In early July, 1998, the Orange County Water District (OCWD) received from the State Water Quality Control Board, Santa Ana Region, a listing of forty-three (43) sites (list attached) in Huntington Beach where underground storage tanks had a gasoline release containing MTBE. Representatives of the Orange County Health Care Agency have informed staff that the greatest potential threat to municipal wells in Orange County exists in Huntington Beach. MTBE is difficult and expensive to remove once it is in the water supply. The resolution notes that the burden of expense for related water treatment costs should not be placed on Huntington Beach customers. Environmental Status: Resolution, not applicable. Attachment(s): City Clerk's Page Number 1 Resolution on MTBE 2 List of release sites RCA Author: Ken Dills, phone extension 5055 MTBERCA -2- 05/20/99 12:29 PM ATTACHMENT # 1 RESOLUTION NO. 99-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINTGTON BEACH CONCERNING POSSIBLE THREAT OF GROUNDWATER CONTAMINATION BY METHYL TERTIARY-BUTYL ETHER (MTBE) WHEREAS, the City of Huntington Beach become concerned about the potential for contamination of Orange County's drinking water supplies by Methyl Tertiary Butyl Ether (MTBE); and WHEREAS, MTBE, a chemical additive in gasoline that ostensibly reduces carbon monoxide exhaust emissions, may possibly be, although it is not certain at this time, contaminating ground and surface waters in many parts of California, partly due to leaking underground fuel tanks (LUFTs); and WHEREAS, the use of MTBE and other oxygenates have increased dramatically in recent years due to requirements for the oxygenation of fuels imposed upon industry and the public by the Federal and State governments; and WHEREAS, the City of Huntington Beach, its residents, property owners, and businesses, have never been involved in advocating, promoting or requiring the use of oxygentated fuels in general, or of MTBE in particular; and WHEREAS, the City of Huntington Beach, its residents, property owners, and businesses, should not be burdened in any manner with the cost of funding the study or clean up of any contamination resulting from oxygenated fuels in general, or of MTBE in particular; and WHEREAS, the cost of study and clean up of possible groundwater contamination resulting from oxygenated fuels in general, or of MTBE in particular, could lead to significant increases in the rates charted by water suppliers to residential and business customers; and WHEREAS, a recent study by the Lawrence Livermore National Laboratory dated June 11, 1998, although not conclusive, suggests that MTBE may be more mobile in groundwater than certain other gasoline additives and may be relatively slow to degrade in the environment; and WHEREAS, a recent study by the University of California dated November 12, 1998, suggests that the air quality benefits previously postulated from the use of oxygenated fuels in general, or of MTBE in particular, may have been greatly exaggerated; and WHEREAS, any contamination resulting from oxygenated fuels in general, or of MTBE in particular, is clearly the responsibility of those who have advocated, promoted and/or required the use of oxygenates, such as MTBE, including the Federal and State govenunents; and WHEREAS, MTBE could conceivably prove to be a real economic and environmental threat to future water supplies. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach based upon sound economic and environmental principles, and based upon review of the Lawrence Livermore National Laboratory and University of California studies, strongly 1 j mp/resolu t/NITB E-1/05/04/99 recommends the following actions be taken by local, State and Federal officials to immediately address the MTBE issue. • Initiate further studies to determine whether MTBE and/or other oxygenates should be banned as gasoline additives, either now or in the future; • Immunize from liability and expense arising from MTBE contamination all persons and entities which did not advocate, promote, or require the use of oxygenates in general, or MTBE in particular, particularly immunizing cities, including the City of Huntington Beach their residents, property owners, and businesses (collectively, non-responsible parties); • Mandate that those responsible for advocating, promoting, and/or requiring the use of oxygenated fuels in general, and of MTBE in particular, including the State and Federal governments, those responsible for LUFTs or other releases of MTBE contamination, and organizations which advocated the imposition of oxygenated fuels requirements (collectively, responsible parties), bear any and all costs associated with managing MTBE contamination, including research, discovery, monitoring and clean up, as well as any and all costs for cleaning up MTBE contamination that has reached drinking water sources, now and in the future; • Mandate that responsible parties indemnify, defend, and hold harmless non-responsible parties; • Mandate that responsible parties establish, at their expense, a fund to manage MTBE contamination in the future, including research, discovery, monitoring, and clean up, so that existing and future MTBE contamination can be dealt with on an expedited basis; • Mandate that responsible parties establish, at their expense, a fund to manage MTBE contamination that has reached drinking water sources, now and in the future; • Mandate that responsible parties establish, at their expense, a fund to conduct research on MTBE occurrences, fate and transport, source protection, and treatment technologies, development of possible alternatives to oxygenates such as MTBE, if necessary, and health effects of oxygenates, including MTBE, in water. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of June , 1999. ATTEST: Mayor APPROVED AS TO FORM: City Clerk / REVIEWED AND APPROVED: ity Attom y L2= J"4s'l D AND APP OVED: City A inistrator Director of Public Works 2 jmp/resol udMTB E-1/05/04/99 Res. No. 99-38 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIM BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of June, 1999 by the following vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (Garofalo— out of the room) ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT # 2 J ! �" u ,� � liS .� QCB UST a 0 < Z U � N S itis m / HAZARD., N w ` o ' o U eoLSA � SEAL BEACH o m W£STMINISTER a Dyke Well ARGOSY M a Well 1 m mMC FADDEN © Well 2 Z © Well 3A Z 0 Well 4 < Z EDINGER © Well 5 ® Well 6 ® Well 7 HEIL ® Well ml Well 10 ® Well 12 O l © )WARNR I SLATER FOUNTAIN VALLEY )BERT S 3 & y'S� `u` CS a 9t 7 m m 3 CARFIELD YORKTOWN / ADAM$ WBE Spills NDIAWDUS D Southland, 10001 Adams ®Arco,21452 Brookhurst 9 World Oil,8972 Adams f) Unocal,21471 Brookhurst St. 3 Exxon,9001 Adams ® Mobil,21502 Brookhurst St. D Unocal,9002 Adams 0, Chevron, 7012 Edinger Ave. ATWJTA 3 Chevron,9971 Adams ® Exxon,6001 Edinger Ave. 3 Hunt.Harbor Car Wash, 16921 Algonquin m Mobil,6012 Edinger Ave. D Mobil,16001 Beach Blvd. a) Unocal,6502 Edinger Ave. HAMILTON 3 Unocal, 16172 Beach Blvd. m Texaco,6962 Edinger Ave. 3 ARCO, 16742 Beach Blvd. m Alexander Haagen, 7252 Edinger D G&M Oil, 16990 Beach Blvd. G Chevron, 7777 Edinger Ave. BANNING D Mobil, 17472 Beach Blvd. ® Montgomery Wards, 7777 Edinger D G&M 011, 17501 Beach Blvd. a)ARCO, 16501. Golden West D Chevron, 18501 Beach Blvd. ® Shell, 16972 Golden West D Thrifty Oil, 19971 Beach Blvd. Qr ARCO, 17502 Golden West D Exxon,20001 Beach Blvd. ® Shell, 19002 Magnolia St. D Shell.6502 Bolsa Ave. ID Mobil, 19011 Magnolia St. D ARCO, 16502 Bolsa Chico St. 0 Exxon, 17222 Pacific Coast Hwy. D Shell, 16001 Bolso Chico St. m Unocal, 14972 Springdale St. m Unocal,6012 Warner Ave. D Unocal, 16471 Bolsa Chico St. ID Mobil,5972 Warner Ave. O Unocal,8971 Warner Ave. D Shell,20001 Brookhurst St. 0 ARCO, 5981 Warner Ave. 0 Mobil,4995 Warner Ave.