02-15-2000 - BKK Landfill Closure Plans Status Reportcity of Wat coz�=
Memprandum
AGENDA
TO: City Manager and City Council ITEM NO.- 0-5c
lary 15. 2000
DATE Febru
FROM:. Steven L. Samaniego, 11
(9 PRINTED ON RECYCLED PAPER
Environmental Management Director
SUBJECT:-. BKK Landfill Closure Plans
Status Report
SUMMARY: This is an updated report on the STATUS OF PLANS FOR BKK
LANDFILL CLOSURE and other related BKK matters.
BACKGROUND:
The latest edition of the STATUS OF PLANS FOR BKK LANDFILL CLOSURE is
attached. This is apart of the City Community Outreach Program to keep the co
mmunity
informed of the progress toward implementation of the closure plans for the bKK
Landfill. Staff recommends the City Council receive and file this report. 11�1
.The following is a list summarizing the BKK Landfill Closure Activities Progress for the
last 30 days. Any changes made from last month's report will be in.bold.
1. Grading Plans.
2. Landscaping of Class III Landfill
.3. Landscaping of the Class I Landfill
4. Landscaping to Screen the Class I Landfill.
5. Azusa Frontage Screening
6. Dust Control Plan
7. Class III Landfill Final Closure and Postclosure Plan
8. Class I Landfill Postelosure Plan
RECOMMENDATION:
It isrecommended that the City Council receive and file this report.
Steven L. Samaniego, R.E.H.S.
Environmental Management, Director
Attachments Status of Plans for BKK Landfill Closure
Exhibit 1, BKK Settlement Agreement, Page I
Exhibit II, BKK Settlement Agreement, Attachment B, Grading 1�
bkk/stat4 1.
PRINTED ON RECYCLED PAPER
SLS
2/8/00
STATUS OOPL,kNS, FOR BKK LAND]*L CLOSURE
as of February 10, 2000
GRADING PLAN
Grading of the southwest ridge and grading of the, west ridge (along Azusa
Avenue) has stopped until the City certifie's the EIR and LEA approves
the complete site Final Closure Plan. The westerly ridgelines highest
elevation point prior to grading was Approximately 675 feet. Since the,
grading, the current elevation as of Wednesday, October 13, 1999 was
approximately 650 feet. Therefore, BKK has graded approximately 25 feet
of the hillside.
7he 1996 Settlement Agreement between BKK and the City of West
Covina specified that BKK will not grade the outward facing slopes of
the north ridge lines (attached Exhibit 1). BKK is now proposing to do
some grading of the north ridgeline along the northerly edge of the
BKK property. The grading proposed is a result of the golf course
development. In order to facilitate the development of the golf course,
BKK has requested that the City approve an amendment to the
Settlement Agreement to modify the condition regarding the north
ridgeline. This item will also be discussed at a future City Council
meeting.
2.
LANDSCAPING OF CLASS III LANDFILL
The landscape work has been divided into five major phases, termed
Phases A through E (see Map, Page_4). Phase A landscape work was
completed in July 1998. Phase B was completed in mid -August 1999 and,
Phase" C was scheduled to be - completed by Dedember 1999, w*hich has
been extended'to. the end of May 2000.
On December 2, 1999 BKK was requested to submit in writing, an
updated schedule confirming the completion date of the partial final
closure with the remaining tasks. Attached is a copy of BKK's letter
dated January 12, 2000 providing an updated schedule.with an
explanation on the delay. In summary, the delay'was primarily due to
unresolved performance issues with their landscape contractor.
BKK's proposed schedule of completion is now tentatively by the end
of May 2000.
Because the completed.Phase A results showed that not all of the seed
types had germinated, BKK proposed in Phase B to remove the
unsuccessU seeds and replace them with an additional-15 containerized
trees and shrubs per acre. �The City approved the proposal in June 1999
and BKK began planting qontainerized plants that. same month. The
planting is being followed by hydroseeding,' Which is completed. BKK has
re-hydroseeded the random bare areas in Phase A concurrent with the
Phase-B hydroseeding effort, but no new growth has been noted.
Because of concerns regarding weeding in'Phase A, BKK prepared Phase"
B slopes with a herbicide before planting. . The. herbicide is expected to
help reduce the level of effort for weeding the planted slopes. The weeds
in Phase B are very Abundant with little evidence of hydroseed
germination. BKK is currently weeding the slopes. Many of the weeds
have flowered. The Bermuda grass weed has been spreading without
any weed control management by BKK. BKK was placed on notice
December 29, 1999 to begin control of the Bermuda grass.
3.
LANDSCAPING OF THE CLASS I LANDFILL
BKKSTATUS41
SLS
2/10/00
Note: Class'I = closed hazardous waste landfill.
Class III = closed household waste landfill.
DTSC = California Department of Toxic Substances Control
USEPA.= United States- Environmental Protection Agency
CIWMB California Integrated Waste Management Board
I
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STATUS 010PL-ANS FOR BKK LANDALL CLOSURE
as of February 10, 2000
BKK submitted a revised landscape. enhancement plan in, May 1997, Tfter
which the City provided comine I nts in June 1998. BKK then submitted' its
response in September 1998 coupled with. a, request to convene a'meeting
to finalize the plan, which is pending the City's response.
A side issue that has arisen is BKK's January 1998 request to RWQCB to
revise and increase, the permit limits for the qua lity of mixed irrigation
water that has been used since., 1987 on the closed Class I landfill. This
water is a combination of city water and smaller amounts of reclaimed site
water. While not planning to alter the watermix on -site, BKK had asked
to change the permit with increased salt levels -so that the -permit matches
true background groundwater condition. The City is opposed to the'
increase in salts due to the potential detrimental impacts salts have on.
plants, especially when the mixed water will be used for irrigation of the
proposed new landscaping. BKK submitted a proposed resolution to the
City in August 1998, which is. pending the City's response.
The City and BKK have yet to meet and agree on the landscape plan,
I
including the resolution of the. irrigation water quality. Upon agreementiof
I
a landscape plan, the City and BKK will jointly submit the plan to DTSC
for approval.
4.
LANDSCAPING TO.SCREEN THE CLASS I. LANDFILL
In 1997 and .1 998,7BKK. installed a perimeter screen of trees along the
south and southeast border of the closed Class I landfill. Because of a
potential conflict with a new road that may be built to accommodate futdre
site development, a portion of the screen (along the southern border) has
been temporarily installed with boxed trees instead of permanently plant ed
in the ground. The plan is for the boxed trees to be planted in the ground
once the road alignment. is resolved. This ternporary screening may require
a modification to the Settlement Agreement..
In May 1999 the City Council approved a 'one-year extension to the
approval to keep a portion of the trees in temporary boxes. That extension
runs until June 2000. The boxed trees must be planted within 60 days �'of
resolving this issue.
5.
AZUSA FRONTAGE SCREENING
If BKK proposes to excavate the Westerly ridgeline below the trigger
elevation level so that it no longer blocks the view from passing cars, BKK
will be required to install a tree screen along Azusa Avenue. BKK has not
yet made the noted grading proposal, so the tree screen issue is currently
moot.
Whenever it is proposed, a potential conflict with underground City
utilities will have to be resolved which may require a modification to the
Settlement Agreement.
6.
DUST CONTROL PLAN,
There is a requirement to implement a dust control plan for the future
graded pads at the proposed business park. The plans are pending City,i' s
approval. The plan would remain in force until development covered the
building pads. This requirement does not apply until BKK grades the
westerly and southwest ridges . down to the proposed business park
BKKSTATUS41 Note: Class I = closed -hazardous I Waste landfill.
SLS, Class III = closed household waste landfill.
2/10/00
DTSC California Department of Toxic Substances Control
�USEPA United States Environmental Protection Agency.
CIWMB; California Integrated Waste Management Board
2
STATUS O*LANS FOR BKK LANDFOL C-LOSURE
as of February 10, 2000
elevations, which has not yet occurred. BKK submitted a plan to the City
in 1996 for review and approval.
T.
CLASS III LANDFILL FINAL CLOSURE AND POSTCLOSURE PLAN
The first three of the five major construction phases (A, B, C, D and E)
have been -proceeding under the approved Partial Final Closure Plan. The
complete site Final Closure Plancovers the remaining two construction
phases D and E, (see attached map). The� draft Environmental Impact
Report and Health Risk Assessment has been released for public review.
The comment period ended October 7, 1999. Certification of the final EIR
by the City Council is expected in March 2000.
Closure work for Phase A and Bis complete. Phase C final soil cover
placement work has been completed."Th . e Phase C landfill gas control
system has been installed. Phase C closure work and landscaping was
scheduled to be completed by December 1999. On December 2, 1999
BKK was asked to submit, in writing, an updated schedule confirming
the completion date of the partial . final closure with the remaining
tasks. At ' tache'd is a copy of BKK's response letter dated January 12,
2000.' In summary, the delay was primarily,due to unresolved
performance issues with their contractor. BKK's proposed schedule of
completion is now tentatively by the end of May 2000.
The final cover soil is comprised of a 7.5-foot vegetative soil layer on top
of the one -foot clay cap barrier layer and.two-foot of foundation soil
layer. This greatly exceeds regulatory requirements and was done, as part
of the MOU litigation settlement, in order to have more than adequate
thickness to accommodate the. deeper roots of trees.- The 1996 Landfill
Settlement Agreement between BKK and the City of West Covina
specified that the final cover/vegetative layer shall consist of a seven
and one-half (7.5) foot deep vegetative soil layer (attached Exhibit 11).
In July 1997 the City informally approved a reduction in the' vegetative
soil layer thickness to three feet in areas such as bench roads that have no
vegetation (and therefore do not need the thicker layer). Thig informal
administrative approval may require modificdtion to the Settlement
Agreement.
BKK is also proposing to extend the variance of: less' than 7.5-foot
vegetative final cover soil onto the top deck of the Class III. The
proposed golf course on the top deck is planned to have areas with less
.than 7.5-foot vegetative soil where trees will not be planted. BKK has
proposed this in the complete site final closure plan.
8.
CLASS I LANDFILL POSTCLOSURE PLAN
The closed Class I Lan ' dfill has been operating since 1989 in accordance
with DTSC postclosure regulations, but without the. site -specific
postclosure p ' ermit. DTSC has announced that the postclosure permit
public comment period will be for 90 days commencing November 15,
1999 through February 15, 2000. Also, there was a public hearing on the
postclosure permit on December 15, 1999 at the City Hall Community
Room at 7:00 p.m. - The draft permit is available for public review at the
West Covina Public Library, the City's Environmental Management
Department and City of Walnut Public Library.
BKKSTATUS41 Note: Class I = closed hazardous waste landfill. 3
SLS Class III closed household waste landfill.
2/10/00 DTSC California Department of Toxic Substances Control
USEPA United States Environmental Protection Agency
CIW.MB California Integrated Waste Management Board
STATUS OWLANS FOR BK'K LAND4L CLOSURE
as of February 10, 2000
DTSC held a community meeting in the City Council Chambers on
January 24, .2000 for the Draft Postclosure Permit. Representatives
from DTSC, Water Quality, U.S. EPA, C1WMB and Air Quality were
available to respond to any questions or comments from the public.
City comments were sent to DTS C on February 10, 2000. The next
step in the process is for DTSC to respond to, all comments and take
action on the permit.
BKKSTATUS41 Note: Class I closed hazardous waste landfill.
SLS Class III = closed household waste landfill.
2/10/00 DTSC California Department of Toxic Substances Control
USEPA United States Environmental Protection Agency
CIWMB California Integ ted Waste Management Board
gra
El
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EXHIBIT I
This agreement is to memorialize the understanding reached by BKK Corporation
CSKIC') and the City6f West Covina C'City'� (collectively the "Parties") regarding
Settlement of the dispute involving grading activities on the landfill site which BKK on
the one hand contends it has the rights to conduct, and which the City, on the other hand
contends BKK does not have the right to conduct. In part, by letter agreement executea
February 23, 1993, theyarties had placed on hold resolution Of the disputes addressed by
that letter agreement and the matters addressed herein.,
The parties h ave now determined to resolve some of their outstanding. disputes
concerning the matters addressed herein according to the following terms and conditions:
1. BKK shall conduct mitigation activities as described in
attachments "A" and "B" attached hereto and by this'reference
incorporated herein.
2. City agrees to allow BKK to conduct the mitigation activities
including grading to complete disposal operations and to facilitate
closure of the landfill.site described in attachments "A" and "B"
attached hereto.
3. City agrees'the mitigation'activities described in attachments "All
and "B" hereto are not subject to the terms of CEQA or the UUP,
including environmental review under CEQA.
4. BKKAgrees that its final closure plan will be subject to
environmental review under CEQA.
S. BKK Agrees *that any grading of the Northwest Ridgeline, as shown
on attachments 1W. I and "B" shall be in conjunction with the filling of
the North Stepout area and subsequent development of the site for
recreational or other permitted purposesl and shall be subject to
review and approval by the City, after environmental review under
CEQA. BKK agrees to maintain the existing outward facing slopes of
the North Ridgeline area, by not altering, grading or removing soil
from the existing natural outward facing slopes.
6. This agreement amends by superseding, the aforementioned
February 23, 1993, letter agreement.
E
EXHIBIT H
GRADING
BKK has the right to grade the areas described on the -attached Conceptual
Grading Plan, in the following phases. Phase I shall consist of grading in Areas I and 2
for daily cover within the Class III Landfill or for placement within Areas A and B for the
purposes of final cover or a vegetative layer. Phase shall consist of grading in Areas I
and 2 for daily cover within the Class III Landfill or for placement, in Area C f6r the
purp oses: of final cover or a vegetative layer. Phase III shall consist.of grading in Areas I
and 2 &r daily cover within the Class'III Landfill or placement in Area D for the
purposes of final cover or a vegetative layer. Phase IV shall consist of grading in Areas I
and 2 for daily cover within the Class, III Landfill or for placement, in Area E for the
purposes of final cover or a vegetative layer. Phase V of the grading will be in the
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Northwest Ridgeline area of the Landfill and will be subject to the limitations expressed
in paragraph 5 of the attached Agreement. The above -described phases may proceed'
concurrently if, in the sole- business judgment of BKK and after notification to the City
Planning Department, the efficient operation of the Landfill and final grading so requires.
The final cover/vegetative layer shall consist of a seven and one-half (7.5)
foot deep vegetative soil layer, a one foot deep barrier layer and a two foot deep
foundation layer.
Prior to, grading of any ridgeline or outward facing slopes within Areas 1
or 2, BKK shall submit detailed soil quantity calculations for phases I through IV to
demonstrate that adequate goil.exists for daily cover and final cover/vegetative layer and a
rough grading plan for phases I through IV showing final pad elevatiom and design -for