Loading...
10-27-1980 - Regular Meeting - MinutesCA '+ • M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA October 27, 1980 The regular meeting of the City Council was called to order by Mayor Shearer at 7:30 PM in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The Pledge 'of Allegiance was led by Councilman Chappell and the invocation was given by Rev. Myrus Knutson of Christ Lutheran Church, West Covina. ROLL CALL Present: Mayor Shearer, Mayor Pro Tem Tice, Councilmen Chappell and Tennant Others Present: STAFF: Mooney, Fast, Lennard, Miller, Fowler, Diaz, Thomas, Eliot McClelland, Volmert, Kon,iarsky, Williams, R. Holmes, Berry CITIZENS COMMITTEE: D.. Rutberg, P. Breit, D.-Lewis, P.Kohan, M. Krause, V. Chiavetta SCREENING PANEL.' Rev. Myrus Knutson George Zartman Bill Freemon PROFESSIONAL ;PANED: Mr. Ray Hertel, Executive Officer of the LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD Mr. Ed Camareno, Director of Enforcement Division of the SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Dr. Shirley Fannin, Chief, Acute Communicable Disease Con- trol, Preventive/Public Health, of the LOS ANGELES COUNTY DEPARTMENT OF HEALTH SERVICES Dr. Donald Lyman;, Chief Assistant STATE DEPARTMENT OF HEALTH SERVICES Dr. Harvey Collins, Chief of the Environment Health Branch for the STATE DEPARTMENT.OF HEALTH SERVICES OPENING REMARKS BY MAYOR, SHEARER Mayor Shearer informed the audience of the procedures for the evening regarding the speakers, submittal of writ- ten questions through the screening panal, and a scheduled adjournment time of 11:00 PM. He stated that the health agencies had previously sub- mitted assurances that the landfill did not create health hazards, but Council wanted to address the representatives personally both for Council's edification and the citizens as well. Mayor Shearer introduced the first speaker of the pro-- fessional panel: Mr.. Ray Hertel. PRESENTATIONS LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD Mr. Ray Hertel, Executive Officer Mr. Ray Hertel Mr. Ray -Hertel explained the scope of authority of the Board, the State guidelines, definitions, regulations, etc., that the Board implements and adheres to. He stated that the primary duty of the Board is to protect the quality of the waters within the regions of Los Angeles and Venture, County for their various beneficial uses. This duty is CITY COUNCIL MINUTES October 27, 1980 Page Two Ray -Hertel (cont) implemented by developing and adopting water quality plans for specific ground and surface water basins within the region. The basic plans are implemented by issuing and enforcing requirements on all domestic and industrial discharges including the disposal of toxic and unsewerable Wastes to sanitary landfills. Hertel went into.detailed explanations of regulations outlined in a new subchapter in the California Water Code "Waste Discharge Requirements for Non-sewerable Waste Dis- charge to Land" which governs waste disposal to land and establishes a disposal site waste classification system on a statewide basis. He noted the differences between Class I landfills and other classes of landfills. A Class I disposal site must provide complete protection for all time for the quality of ground and surface waters from all wastes -d'e.- posited therein and against hazard and nuisance to the public. Hertel stated that there were three Class I disposal sites in the Los Angeles area.and with the closing of two of the sites, the BKK landfill in West Covina has increased its intake of toxic wastes. He said the total increase is estimated at less than 10 percent. Hertel noted an -.,increase ih tox•i•c."wastes in the future and ' fears that • i f more• Cl ass .I 1•andf.i 11 s : are -not found; midnight dumping,lor illegal dumping, will take place. Hertel stated the BKK Landfill was designed and con- structed and is being .operated according to the State and local regulations to receive Class I industrial wastes. The decision to use the site as a Class I landfill was based on a two-year extensive geologic and hydrologic investigation of the site'and a review and .the approval of all technical data by all interested State. and local agencies, including the Department of !later Resources, the State Board Geologist, the State and County Health Departments. He then explained the geological structure of the landfill. Hertel explained the method of monitoring done at BKK and procedures required of the BKK landfill officials.re samplings and inspections, which includes ground water samplings and analysi:s for pollution indicators.. Fie stated that as of today, the compliance inspection and ground Water monitoring data have shown no water quality problems caused by Class I disposal operations at the BKK Landfill. Mr. Edward Camareno SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Mr. Edward Camareno, Director of Enforcement Division Mr. Edward Camareno stated the responsibility of the South Coast Air Quality Manaqement District is the control of air pollution from non -vehicular sources and the authority has been set forth by State Health and Safety Code. He said the District is responsible for regulating stationary sources of air contaminates which contribute to the general photochemical smog problem.and for which ambient air stand- ards have been adopted. Standards are adonted.by State Air Resources Board and the Federal' EnVirohmental'Protection Agency. He explained that standards have been established for eight of 'the most common air pollutants, but none have been set for odors. This is because odors are subjective in nature and very difficult, if not impossible, to quantify. He stated that the District does have one source available to it dealing with,odor problems. This is Section 41700 of the State Health and Safety Code which, in essence, prohibits. odor nuisances. This, too, is difficult to enforce.. because of its subjective matter, but the District - 2 - CITY COUNCIL MINUTES October 27, 1980 Page Three Ed Camareno (cont) has taken action with respect to -numerous odor sources including the BKK Landfill•. Camareno stated District engineers have visited the BKK facility''to review the odor control equipment and procedures to determine whether additional improvements could be made. The investigation is still, continuing and a report will be forthcoming.''He also.stated the Board of Supervisors re- quested,the District to do•some independent testing in the vicinity of -the BKK-landfill. The testing will be done as a joint effort with the State Air Resources Board within a month and a report will be submitted approximately 3 weeks after the .testing. w In connection with, the alleged emission of toxic air contaminates from the BKK facility, the District is con- ducting a thorough review of the USC study. Looking at the procedures used by,the USC researchers, they are the same that.the District uses for conducting similar tests. While the evaluation is not yet complete, the District feels there is.no .reason to think the studv is not valid. LOS ANGELES COUNTY DEPARTMENT OF HEALTH SERVICES Dr. Shirley Fannin,.Chief of Acute Communicable Disease Control, Preventive/Public Health Dr.. Fannin explained.the pros and cons of health sur- veys. The main -thrust of her presentation was the fact that before a health study can be performed, there must be evi- dence -or a factor, to measure,against. 'She stated -that in the case.of°a headth'study.invol.ving:the residents -around the`landfill;`there'has been no evidence of toxic products from the site having penetrated into the community. Until such time as evidence has been produced, a health survey would be futile. She stated that if ever evidence is produced, the Los Angeles County Department of Health Ser- vices.would be promptly involved. Dr. Fannin emphasized this point by stating that the County Health Department preempts the City regarding health and health.hazards° within the County. Dr. Fannin related the three methods of exposure to toxic substances: a.) absor•ption.through the skin, b) ingestion, or c)'inhalation. She stated that of all the information she has obtained re :the landfill situation, she sees no.real,demonstrated problem.at the present time. She stated"in conclusion that she cannot advise con- ducting a health study at this time, because she has no starting point. Dr. Donald Lyman STATE DEPARTMENT„ OF PUBLIC HEALTH Dr. Donald 0. Lyman, Deputy'Director Dr. Lyman began by stating that California anticipated hazardous waste problems, such as Love Canal, by several years and structured a program for waste disposal which identified major waste producers, tracked their wastes to safe and secure dump`sites, and guaranteed the safety of those sites., Without that fs.ystem,. California might experi e.rce i l l e.,ga7" �'dump-i ng i n- parks or -on r.oadsi.des'.: He said that before any site is allowed for disposal of toxic wastes, they must be approved for geologic integrity to protect ground and surface waters. The site must -be sound for workers and -local residents; and the site is monitored by the State so that the standards are maintained. -3- CITY COUNCIL MINUTES October 2.7, 1980 ,Page Four Dr. Lyman (cont) - Dr. Lyman stated that geologic studies show that the BKK operation will not contaminate local ground water. He said the State Department had reviewed the USC study • and found the study to be well done and the data sound. He noted examples of the amounts of different substances found in the air at the BKK site as opposed to other areas in the County of Los Angeles. He said the authors of the USC study found that the most likely cause of odor com- plaints must be ;hydrogen,.' s`ul'fi degas , s:i nce : i.t .was the: only substance measured at the levels above. its odor perception threshold. It is highest in the residential area at night due to inversion conditions. He felt the results were reassuring and ahe:re; i s't-no evi de.n.ce•� off', worker o residential exposures which would produce detectable health risks. Dr. Lyman stated that closure of the BKK landfill would be potentially harmful to the citizens of California. The closure would encourage similar Love Canal practices. He concluded that the State Department would continue to monitor the landfill and would move quickly to eliminate any health risks should they ever occur. Dr. Harvey Collins CALIFORNIA DEPARTMENT OF HEALTH SERVICES Dr. Harvey F. Collins, Chief of Environmental Health Branch Dr. Collins described the method that hazardous wastes are controlled in California and particularly how they are managed at the BKK landfill. He also stated that the Department of Health Services • has statewide responsibility for developing and implementing California's Hazardous Waste Control Program, pursuant to the State Health and,Safety Code, starting with -Section 25100. The fundamental purpose of the program is to regulate hazardous wastes from point of origin to point of disposal or.reclamation to ensure protection of public health and the environment. Dr. Collins indicated that the Department increased its surveillance of the BKK landfill and have not detected any problems of any significance. He noted that the BKK Corpor- ation has made improvements in operation of the site. His closing statement urged the Council to keep the site open because their thorough review of the BKK operation did not reveal any major problem. Mayor. Shearer." Mayor'Sheare-r introduced Mr. Ernie bJinter, Director of the�BKK Corporation and asked that he limit his comments to the recommendations found i"n .the USC study re , odor mitigation measures.' Mr. Ernie Winter BKK CORPORATION Mr. Ernie Winter, Director Mr. 14inter's presentation centered on actions the BKK Corporation has implemented as recommended in the USC report: 1) BKK designed.'a gas'scrubber:system"for :injection wells. -which -."the Ai-r;.Qualityy Manageme;nt-District`approved. The::scrubbers are being fabricated at the present time. 2) The San Francisco firm which is designing the waste treatment facility has devised a method of neutral- izing a large percentage of industry's waste acids which will eliminate a majority of the injection wells. 3) BI<I< acquired the rights to a Swiss cyanide waste destruction system which will be constructed off -site, thereby reducing the amount of industrial wastes destined for disposal at the landfill by approximately a half a million gallons ;per year. - 4 - CITY COUNCIL MINUTES October 27, 1980 Page Five Ernie Winter (cont) 4) Meetings will continue with producers of odorif- erous wastes to explain the need for source, reduction of their waste streams and for employment of techniques to pre -treat the remainder for reduction of odors. Mr. Winter stated if household refuse could be nicked up on a daily basis and deposited at the site on a daily basis, the odors emanating from the landfill would be cut down considerably. He stated that BKK is also taking steps to strategically site the working face disposal activity during difficult meteorological conditions in an area as -far removed from residences as possible, reduce to a reasonable limit the open area during working hours, and commence earlier covering of the unneeded portions of the working face in the afternoons. New operation plans are being prepared to include the mandatory elements of the new Federal regulations governing non-sewerable industrial liquid.waste disposal as well as new procedures for neutralization of waste treatment and odor control. He added that BKK will keep the City informed on their progress on a regular basis. Mayor Shearer Mayor Shearer requested City Attorney Colin Lennard to address the issue of the City's authority to close the landfill. Colin Lennard CITY ATTORNEY Colin Lennard • (Verbatim transcription) "Yes, Mr. Mayor and members of the Council. In response to the petitions that the Council permanently close the BKK Landfill and immediately close that landfill, it is my opinion that based upon the facts and evidence that the City Council has received to date, that the Council does not have the legal authority to immediately close the 11andfill without going through the proper procedures and processes not only set forth in the UUP itself, but also required under normal due.process: i.e. those would be the requirements of Notice and also the requirements of Public Hearings that would have to be held before the Planning Commission in dealing with and receiving appropriate evidence as to whether in fact a.public nui- sance existed from the BKK Landfill. This would have to be done prior to any attempt by the City Council to either revoke, suspend, or amend the UUP. In addition, it should be pointed out, that besides the due process requirements which I have just outlined, there still remains a substantial question with respect to the legal authority of the City to revoke or suspend the UUP or otherwise close the landfill in light of the written opinion and oral opinion from.the State Attorney General's Office that,lin fact, the City is preempted from controlling or regulating the field of hazardous waste • in the State of California. That concludes my legal opinion." Mayor Shearer MAYOR SHEARER'S STATEMENT (Verbatim transcription) "Thank you, Mr. Lennard.. For the benefit of some of the audience who may not.be familiar with some governmental terms: UUP means Unclassified Use Permit. It is the document by which the City has set up operating conditions -5- r: Mayor Shearer (cont) under which the landfill is operated. At this timeI have a statement I want to read which I believe.'represents the consensus of the Council. I'll ask my colleagues to comment at the conclusion. It is going to take a little bit of time for me to get through this because one is a rather lengthy resolution that the City Attorney feels, as do I; would be appropriate to read in its entirety. City .Council is aware of and desirous o,f addressing the concerns of the citizens regarding the landfill. We are also desirous and sworn to protect the interest of all of our citizens. Whatever we do, therefore, must be done only after careful consideration of all the facts, as well as an evaluation of all potential -risks involved. We must be careful -that our actions, while deliberate, are fair to all-concerned;-timely,•bu.t not premature. The City. Council'recognize.s that there are many facits to this problem. Three major ones that we are taking positive steps this evening toaddress are legal, health, and nuisance. I will shortly outline what I believe to be posifi-ve, bold, and.:rational actions on your Council's part in•response to these three matters. First, with regard to the legal question. I am going to ask my colleagues, shortly; to authorize the City Attorney to file the necessary legal actions against BKK and the Department of Health Services to obtain a judicial determination as to whether -the -City has the power to close the landfi.11 in light.of the opinion of the State Attorney General's Office -that the City is preempted by State law from taking such action in connection with the hazardous waste `Class I landfill sites. The purpose of that is to .make a determination as -to just,what, by'.. the courts - up to now it has been a matter of opinions. Opinions by one person versus the opinion of another. And opinions range, from one to ten and every place in between. So the Council is`going to direct the City Attorney, I hope with the concurrence of my colleagues, to get the matter resolved once.and for all by the courts as to whether we have in fact been preempted in this regard. Second, with regard to health, I am going to read the resolution which I will again be asking my colleagues to pass. I will'prefix this by stating that some of the things we are asking - we are going to be using the word "demanding" here --have already been addressed by the representatives of the various health facilities. So we recognize that .progress is being taken. This resolution was prepared prior to hearing your presentations, so I hope you will understand if there are some hard words, they're not intended to be adversarial, but are intended to be productive towards the solution of.the goal. " Resolution read Mayor Shearer read the resolution. "Assuming my colleagues will vote positive on that, it will become a resolution in effect in a few moments. Thirdly, with regard to nuisance or odors: we have heard from BKK tonight the steps they are taking to implement recommendations contained in the USC Odor Mitigation Study, as well as a report from the City Attorney with regard to the City's options. It will take time to implement these measures and determine their effectiveness. However., we believe it unfair to merely say we will study it further. Therefore, the City Council, with the concurrence of my colleagues, will set for a period of ninety (90) days in which to evaluate the results of -6- • 0 • CITY COUNCIL MINUTES October 27, 1980 Page Seven the mitigation.measures. If at that time significant improvement has not resulted, we will start proceedings to revoke, suspend, and/or amend BKK's Unclassified Use Permit. More specifically, this will be at our first meeting in February. ; In addition, the Council is instructing City staff to expedite development of a method to scientifically measure the odors. This may result in significant cost to the City, but we believe it is necessary. This method should be developed with the input of our citizens' committee. We believe that this three -prong approach will at least get us moving in the direction of resolving this very serious issue effecting our City. Where it will eventually end, no one knows. But I am sure that as long as we work to- gether rationally we will work this problem out and rein- force our Ci.ty's reputation of good government and good citizens. At this time I will open it up for Council discussion on. the three -prong approach that I have choosen to call it. At the conclusion of those comments, the Council will take action on each item separately and then we will go into the questioning on the part of the committee and the Council of our panal of experts.` Each of the remaining councilmen stated their support of the three -prong approach: proposed actions regarding the;City's legal authority, health concerns, and the odor nuisances. COUNCIL ACTIONS Motion by Tice, seconded by Tennant, and unanimously carried to authorize the City Attorney to file the neces- Legal filings authorized sary legal actions as outlined earlier. RESOLUTION' NO. 6210-.'ARESOLUT:ION'OF THE CITY COUNCIL OF� THE �C`ITY OF lNEST'COVICIA,".CALIFORNIA;."DEMANDING THAT THE STATE.:DEPARTMENT.OF HEALTH 'AND OTHER APPROPRIATE STATE AGENCIES VERIFY THAT THE B.K.K. SANITARY LANDFILL IS NOT A HEALTH HAZARD AND THAT A HEALTH HAZARD ASSURANCE SYSTEM FOR CLASS I LANDFILLS BE ESTABLISHED - The resolution was read.in total earlier by Mayor Shearer. Adoption of Motion by Chappell, seconded by Tennant, and unanimously Resolution No. 6210 carried to.adopt the resolution. Motion by Tennant,.seconded by..Chappell, and unanimously carried to approve the policy outlined earlier establishing a date certain and to evaluate the odor improvement or lack of same as well as authorizing staff to proceed to develop' Policy approved a scientific method of measuring odor levels. Mayor Shearer clarified that the matter will come be- fore the City Council at the first meeting on February, 1981. CITY COUNCIL/CITIZENS COMMITTEE QUESTIONS OF PRESENTORS Chiavetta Q -What would happen in the event a truck carrying toxic wastes should spill. Collins A Of all'the trucks carrying toxic chemicals, only 5% carry, toxic wastes in the State of California. The matter of trucks carrying toxic chemicals is a. great concern of the State. This year a bill did pass and is now law mandating the Governor's Office of _Emergency Services to develop a statewide contingency plan'to deal with the toxic substances_. -7- 0 CJ I CITY COUNCIL MINUTES October 27, 1980 Page Eight Breit Q Why the tremendous increase of liquid materials being accepted by the landfill when we are having a difficult time maintaining the efficiency of the operation at this time. Hertel A I.ca,i`answer that for you after I have checked the figures at my office in the morning. I will send you a written reply. Breit Q Describe the measures taken to test the water around the--landfill,and who does that testing. I have great concern regarding the water running off from the land- fill during the rainy season. Hertel A At the present time we.don't have a program of that type. I will instigate one immedi.ately.' The laboratory work is done the State Department of Public Health, .by Southern Branch Laboratory in the City of Los Angeles. Lewis Q Who would maintain the landfill should it be closed. What would be the cost. Would it be mainta.ined forever. Collins A It might involve the City's unclassified use permit, and the conditions stated therein. Also, the State Water Resources Control Board have tried to develop a program -involving site closure. The maintenance could be appreciable in cost to insure no cracks or ponds develop, etc. Lewis Q Who would be responsible for the maintenance of the landfill, whati.agency. Hertel A These regulations are currently being developed. It is my understanding' that, State Water Resources Control Board and the regional boards would be the agencies responsible for seeing that there is continuous main- tenance. And it is intended to be a permanent, on- going program as long as the materials remain in the dump and it has been closed properly. Shearer- Q Would the City Attorney comment on the maintenance ® responsibilities if in fact the landfill should be closed. Lennard A Under the newly adopted EPA regulations that will be= come effective November 19th,-there would have to be a maintenance plan filed, with the'EPA in which many of the : responsi bi-1 i ti es are imposed upon' the-" s-i to operator. The current regulations require maintenance responsibility for thirty (30) years after the landfill is closed. In the event the landfill is closed before its scheduled time, the responsibilities probably will remain the same; however, that would be determined at the time 'it happened. It is not clear at this time. Kohan Q Where are'the odors actually coming from. Camareno A A careful analysis of the odor complaints, USC Odor Study re BKK, and the micrometeorology in the area can result in a pinpointing of the odor sources. _.8 - • 0 CITY COUNCIL MINUTES October 2,7, 1980 Page Nine Kohan Q But this has not been done. Camareno A We have not completed our evaluation of the USC study. Breit Q It is my understanding that the wells that the hazardous chemicals are dumped into are drilled directly into buried rubbish approximately 50-75 feet down. What is to prevent those chemicals from laterally migrating out of that landfill. Johnson A The dimensions of the wells are five feet in diameter (Chief Engi:neer­at-.. and eighty feet down. They are above the level of the BKK Landfill) homes adjacent to the landfill, however there is an intervening bedrock layer that would prevent that material from traveling laterally into the areas occupied by the homes. Also the liquid is placed at a ratio specified by the City of West Covina of 33% moisture by weight, which is not out of line with what is found in ordinary soil. Ordinary soil can retain up to 50% moisture by weight. Up to this point in time, BKK has not experienced any evidence that there is any leakage of the material placed therein. `:Tice Q When does the Federal law of pre-treatment become effective. Hertel A The law is effective at the present time. The com- pletion of implementing the law is placed with the EPA to prescribe pre-treatment standards for various industries. It should be completed by 1983. Tice Q Have any of the Federal or State lands been surveyed for possible sites; i.e. San Gabriel Mountains. Hertel A The Department of V.1ater Resources did study for several years safe areas for dumping in the Los Angeles region. There were some general areas that seemed appropriate, but the geologist would have to make an investigation of a particular location if and when the time comes. More information can be found in the office files. Chappell Q Correspondence lately has indicated there is a shortage of funds to carry on -some of the inspections that would be ongoing at the .landfill. Have any of your agencies started applications for funds. Hertel A Speaking for the '14ater Quality Control 'Board, funds Will continue -to be appropriated.for this program. . Camareno A Air Quality Management District received funding from the Environmental Protection Agency to carry out its program. Presently, that funding is in ,jeopardy. because the State legislature has failed to come up with a auto inspection and maintenance program. So at this time, -.;we 'do' not .know, -whether our funding this year is forthcoming. Fannin A The County of Los Angeles will be seeking both State and Federal funding to assist in the toxic substances management. Collins A In the hazardous materials program of the Department of Health Services, we have received EPA Grants for many years. Each vear it has increased, and we see no reason for the increases to subside. - 9 - CITY COUNCIL MINUTES October 27, 1980 Page Ten Chappell Q Where is the study on Calabasas Landfill and how soon will it be completed. Is there a chance Calabasas • -could reopen as a Class I landfill. Hertel A We are presently evaJuat.ing`-the gealogic.r.eport of Calabasas. It looks,thusfar, that it would take a large :amount,of-money and work on the part of the Sanitation District to bring it up to today's standards. .Tennant Q Could you assist the City of !,lest Covina in setting up a scientific way to monitor the nuisance odors, partic- ularly in the areas in the surrounding neighborhoods. Collins A The sewer sludge district in the Sacramento area has done a great deal of work in odor studies and odor mitigation. A consulting firm headed by Dr. Wilson has developed an apparatus that measures and.tries to quantify the odor level. I encourage your staff to get in touch with these groups. We do have a:,,.scientist within our Department and I'm sure '.he-- would be available for guidance in any way possible. Tice Q Re the incineration.of toxics from the standpoint of - pollution, what kind'.of lequipment,.'can burn these materials at a high combustion temperature. And,what,: about- the •post - burner . scrubbers . • Camareno A There is technology available to decompose toxic mater- i al s. rThe-design-.of the system depends on what it is one is burning. Explanation of various systems followed There are materials that cannot be treated by burning. Tice Q How large an area in the San Gabriel Valley would you deem adequate to conduct a health study. Fannin A It depends on how you set up a survey. Explanation of control group vs study group followed. Shearer Q Could your staff suggest or aid in our City's desire to develop some sort of scientific measurement as it relate to the odor levels. Camareno A We would be more than happy to work with the City staff. beari nq in mind`. that thesubjecti`vi'ty -of`an odor:'mak:es i`t 'd`i ffi cult to measure ands quantify. Lyman Answers further re health surveys. There are three ways of.deterrhinisng health risks from specific substances: 1) test tubes 2) animals 3) human beings. Dr. Lyman explained the methods involved for all three. Shearer Q What would be your role or scope:of�.authority in the. . event'a health hazard is determined. Fannin A' There is no question as'to what would haopen. We would have to stop the problem.or remove:people'from'the hazard if we cannot abate the problem. We are your Health Department. Any action the County Health Department takes, it would be as your representative. We would not ask your permission to take an -action. We are responsible for taking actions. = 10 - 1� C� • CITY COUNCIL MINUTES October 27, 1980 Page Eleven Shearer Q Would you comment on behalf of the State's standpoint. Lyman A I concur. There is no question. When a health risk is discovered it is the responsibility of the County Health Officer to act responsibly to remove that health risk. The State's role would be laboratory backup, techni- cal support, and other help if necessary. Collins A If the State determines that the regulations are being violated and cannot be rectified through the regular channels, they go directly to their legal staff and will go to court. Tennant Q There is a belief in West Covina that the Calabasas Landfill was closed because of an election in that supervisorial district, not because of a health problem. If it was a health problem that closed the•landfill, what specifically was the health problem. Fannin A As:�far as I know, the Health Officer had nothing to do with the closing of the landfill. The issue of health was not a demonstrated issue at all. As I understand it, the issue was the potential health hazard due to a geological study of.the site. Hertel A The sanitation district had engaged the services of a geol,o„gist to study the site. The prelimi;nary'findings indicated that the -conditions for a Class I site with- out manmade devices did not comply with the regulations adopted within the last year. The site had complied with standards at one time, but do' -not meet'the current standards. Collins A Concurred with above answers. Rutberg Q What happens when,a resident calls in! a complaint. How many complaints do you get in a month. Camareno A Odor complaints are very frequent. We try to respond to as many complaints as we can. If several• -residents complain- re an =odor ,and it is indeed � ver.i fied-;.by i'nvesti gati on, we can issue a viola- tion notice and request the District Attorney to file a criminal complaint. We general use the figure of six complaints before taking legal action. Rutberg Q Are prospective home buyers around the landfill informed of the proximity of the landfill. Are there regulations regarding notification of potential homeowners. Fannin A I am not aware of any regulations requiring notification to prospective home buyers. I understand, though, the City of West Covina has a policy or ordinance that requires homeowners to be J nformed.through an"infor-� mational packet. Lyman A Explains a new assembly bill regarding a 2000 foot buffer zone around landfills. Shearer A Explains the prospective homeowners awareness packets, and adding that it doesn't work as well for reselling homes. 0 • • CITY COUNCIL MINUTES October 27, 1980 Page Twelve. Lewis Q When will the Swiss waste`destructiorr:syste'm be- -imple-mented' and" Wi11 it al 1 evi ate. the, odor problem. Johnson A This destruction system pertains only to the cyanide wastes that originate in.the various metal plating operations around Los Anaeles. The cyanide waste goes into one or two injection wells of the landfill, which,overall,is a small step. in the elimination of odors. Tice Q You stated that illegal dumping is on the increase. Do you have figures on how that effects the water tables servicing San Gabriel Valley. Collins A We do not have specific figures. The State Department conducts surveillances, trails trucks, prosecutes when- ever possible. We find that a lot of problems are caused by disposing of materi.al.s into the regular solid waste containers and then picked up, unknowingly, by the trash haulers.. This causes a problem if these loads are taken to other than Class I landfills. Lyman A Not all the toxic wastes are trucked and dumped at the BKK Landfill. The majority of toxic wastes are treated on site by the industries themselves. They have their own ponds and processing plants. A small proportion goes to Class I dump sites. To assume that a vast proportion will be illegally dumped is erroneous. By definition, we don't know how much is, dumped illegally. The-questi'on-,of..how'.to avoid the wastes in the first place is being addressed. There are plans for recycling and treatment to detoxify the materials.or make them harmless. Tice 0 In regards to the USC study, do you,feel; from a scientific standpoint, the methodol.ogy, the sampling techniques and the time element are of high enough caliber to consider it a good scientific approach to the problem. Collins A •A.coupl`e of the State scientists reviewed the study in detail. In general, they were satisfied with the pro- cedures and agreed with the conclusions of the author. Fannin A It seemed like a straight forward, creative study. It was not a repetition of old material. Our solid waste mangement staff felt -it was.a valid study. Ile have no reason to believe it was not. Tennant Q In each of your closing statements, you urged the land- fill to remain open. What kind of health hazards do you see if -the landfill. is closed. Collins A Noted the high cost to industries required to haul their waste great distances. Closing the dump could quite possibly encourage illegal dumping. Lyman A Noted problems in the past all over the country. Breit Q We Ire;the'days;involved in the sampling for the USC study adequate for a reliable report. Fannin A Yes. Explained quantitative analysis. - 12 - • CITY COUNCIL MINUTES October<27, 1980 Page Thirteen Recess Mayor Shearer thanked the Citizens Committee and the audience for attending, participating and cooperating during the evening. He stated the written questions by the audience will be collected during the recess and answered when Council reconvenes after the recess. Recess called at 10:04 PM, reconvened at 10:25 PM. WRITTEN QUESTIONS SUBMITTED BY AUDIENCE AND SCREENED BY PANAL Screening Panal: George Zartman Bill Freemon Rev. Myrus Knutson Zartman : We have grouped s.i.mi l ar questions together_ .to . avoid .questi on,. of a repetitious nature. Also, any written question in= eluding a name and address will get a written response. Q If Calabasas was maintained according to the best stand- ards of the 70's and yet was closed by the standards of the 80's, what assurance can any of the experts give that BKK, being maintained to the best standards of the 80's, will not be forced to close by the standards of the 90's. Hertel A That is indeed difficult to answer. We can only do the best that our knowledge today can provide us. Freemon Fr.eemon.,read,the-following questions relating to water;. Q 1--later servin,g`l,,Iest,°Covina comes from several sources. The wells are 1100 feet below ground level and one of them is located at the base of the hills which contain the BKK landfill. Previous information released from BKK sources claim the dump operation is below the level which contamination could occur. Has this been con - firrned. Have`:geol ogi c surveys-. been,:,made. Is is absol utel � true that no cracks or faults exist to seep into the water supply. Hertel A In answer to the last portion of the question, I believe it is so. In answer to the first portion, I am not sure, If Mayor Shearer or the City Manager would submit a copy of the question td me;'I.could-respond:­with a written answer which would-be better than anything I can come up with: at `the top, of . my ' :head . Shearer Q I assume all water companies study and run tests on that water before it gets to our consumption, isn't that correct. Lyman A The $tandards'�that°are applied now,are;to ensure no bacteria or virus in the water. The question asked relates to chemicals. There is no routine testing any where in the world for chemicals in water supply. This is because technology has.onl:y:recently been:developed tc measure the very small amounts found in the water. And now that we do have the technology., we can and do measure for chemicals., but not routinely. Q How can you guarantee that there will be no lateral or vertical seepage during flood conditions. - 13 - I • • • CITY COUNCIL MINUTES October 27, 1980 Page Fourteen Hertel A There'is`not enough rainfall natively in Southern California to fall onto the contents of a landfill and extract.solub le portions and carry them down to the underlying ground waters. In addition, the dump operators must divert any materials that could pond on the dump. Q How many observation wells are there to monitor the site for leakage. Who analyzes- the water samples and how often are they taken. Hertel A I can't specifically answer that. I believe there are ten monitoring wells that are sampled by BKK and anal.yzed:by a laboratory and then reported to the regional board. "We -have taken samples ourselves and had the 1-leal.th Department laboratory conduct the tests. Q Do you know how often those samples are taken. Johnson A The testing is done by an independent laboratory where the results are sent'::back to us. We then forward the results to the regional board. Q The L.A. flood control ditch does carry runoff chemicals during the rainy season, which 'i's. ;nauseating to me and my neighbors. Is-the.County aware of this dangerous and unhealthy situation. Hertel A This information has not been made available to us at the regional board. If this is happening, I would have .an investigation made_as this is not suppose to be there. If anyone has any information re the date and time that this occurred, I would appreciate it if it was"submitted to me for investigation. Q What are the plans if leakage is determined in ground water. How do you prevent further contami►iation.' Hertel A We heard earlier that the County could shut down the landfill. Also, the State geologist would study the circumstances and recommend a method of mitigation of the problem. Zartman Q Reads a question re a new California law restricting residential.::building within 2000 feet of a hazardous waste dump. When will the State Department of Health publish a map showing the perimeter. around BKK dump. Collins A Basically the law says that any hazardous waste facility which is such that it creates an environmental hazard, and.,,that: the Department of Health makes a specific finding that that site is a hazard, then the Department could prevent construction of new homes within 2000 feet of that particular site. That does not mean that it is universal and that there will be maps published for all areas of the State. It is done on an individual site/problem as it occurs. Q Since waste materials have already been deposited and containers w.ill deteriorate, how long will these wastes continue to be emitted into the soils and air, and what tests monitor these emissions. 14 - CITY COUNCIL MINUTES October 27, 1980 Page Fifteen Johnson A We realize that placing containers into the landfill could possibly subject them to deterioration with age. In realizing that we placed the containers with a • suitable quanity of absorptive solid waste so that if and when they do deterioriate that that material will be absorbed by the solid waste and retained in the land- fill. The waste received in that manner fall into the category as the other industrial liquid waste and we are required to maintain them in the same absorbive rela- tionship. Q Why aren't all trucks car.rying..toxic materials checked. Johnson A WP certai.nly know what is coming into BKK, because it has to be accompanied by a California Liquid Waste Haulers Manifest, which requires a reasonably complete description of the material contained therein.by the producer of the material. We don't need to run a test on a particular truck which is hauling the same thing but making sever -al. trips. It' doe'sn' t _:need to. betested each time. Also anything that appears unusual or unfamiliar to us will be tested. Q What time of the day are the samples taken. Why are the odors so bad at 2:00 to 4:00 in the morning. • Johnson A Odors are experienced due to climatological. conditions around the landfill. 14e have no activities betweenc'. 7 OO'PM.`and 6:00 AM in the morning. The odors are experienced because of an inversion situation. (Johnson explains the inversion.that takes place.) Q When can we expect the installation of a caustic scrub - Bing devise_on acid wells to be completed. Johnson A We are committed to the City Council to have the first unit in by November loth. Q What 'toxic.' chemicals are being dumped, where are they coming from, what types of health problems can they produce. Johnson A The•toxic'chemicals come from many and various types of industries and manufacturers. The material has to be di sposed .of .somewhere , . so; we.:o'ften . get 'truck's 'from all over. Shearer Mayor Shearer mentioned that Class I landfill sites is a problem that must be addressed regionally, on the state level, and the Federal level. • Zartman Q How often are'the inspections conducted by the various agencies at BKK.and what are the qualifications of the inspectors. -Coll,.ihs A Most of our inspectors are graduate chemists or engi- neers, and must take civil service exams. Since Sep- tember 19,'1980, we have had an inspector at BKK daily. - 15 - CITY COUNCIL MINUTES October 27, 1980 Page Sixteen Hertel A The staff on the Water Quality Control Board.include graduate engineers and graduate chemists and chemical • engineers. They also have taken civil service exams. The frequency of inspections leave a little to be desired, due. to the quantity of manpower. Q With regard to the collective and our indi.vidua.1% ental health.of the West Covina community, does the signing of a petition by 7,000 citizens indicate a level of mental stress of a .large segment of the community that public':health authorities should be concerned about.. Could the odor nuisance create a level of health concern in the area Of mental stress. Fannin A Anxiety- can be :prod uced,=by-. a :real i ty. or : imposed by:,the ,. self. If people can get, their questions answered, the anxiety will be decreased. Also, I am collecting information, names, etc., of:.people who feel they have a health problem to see if I can correlate it into something substantial. I would appreciate it if others would forward their health complaints. Lyman A Added that the governmental! agencies ar.e.responsive to the people, and it is the petitions and citizens' awareness and concern that has brought it to the attention of the agencies: This sort of participation by the public is welcomed and encouraged. Q Whyisn't the Mojave Desert being used as a dump site. J 9 P Col li-ns A The study that Mr. Hertel:. menti oned., earlli er .done . by the State:Department of Water Resources did list a few dry lake be�,Is.up::in,the desert. Those people are also opposed to .a dump site near them.` -Also'-, just because land is desert, does not mean it is geologically sound for•:,a landfill. Hertel A The transportation cost become prohibitive if we trans- port beyond a reasonable distance. Q How do you justify West Covina becoming L.A. County's dump. Why should we carry-the.burden of being the waste disposal for 8 million people. Lyman A That is hard to answer', but there has to be a site somewhere and this is where is happens to be. Shearer That is exactly the question this City Council has been making to state and federal agencies who have the authority and responsibility to move in the direction of other sites. It hasn't been until just recently that the represen- tatives at the higher levels have finally begun to pay attention to us. • Collins Your point is well .taken. Riverside.and Orange Counties are both looking into 1,6cati6ns for sites in their respectivE county boundaries. I believe you will see additional activity this year because of the attention given to this problem at the legislative level as well as the local level. Hertel It would certainly appear that West Covina is receiving more liquid waste to dispose of than they would be generating by themselves. We believe that the regulations are fair - 16 - CITY COUNCIL MINUTES October 27, 1980 Page Seventeen and adequate. It is.very unlikely that there would be a water quality problem. West Covina residents are also attributing to the waste problem,. Zartman This concludes the written questions submitted by the audience. There were no inflammatory or derogatory questions. The panel appreciated all the questions. ..CLOSING REMARKS Mayor Shearer thanked the screening panel for their effort and time. It is the intent of the City Council that all written questions signed with a name and address will receive a written response, if it's at all humanly possible. Mayor Shearer expressed�..h'i s ..appreci�ati on= to each ..of." the p'r.ofessional-panel::;-'.The councilmen closed with similar statements. Mayor Shearer reiterated the three -prong approach that Council voted in favor of earlier in the evening. ADJOURNMENT Motion by Chappell, seconded by Tice, and unanimously carried to adjourn the meeting at 11:23 PM to November 3, 1980 at 7:00 PM. M yor Chester Shearer ATTEST: F. ' zle�"_ ///. `//� City Clerk Helene M. Mooney