02-06-2007 - BKK Landfill Site Quarterly Status Report0
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Steven L. Samaniego, Director
Environmental Management. Department
City of West Covina
Memorandum
AGENDA
ITEM NO. D-64b
DATE: Februaa 6 20
SUBJECT: BKK LANDFILL SITE QUARTERLY STATUS REPORT
RECOMMENDATION:
It is recommended that the City Council receive and file this report.
DISCUSSION:
[Note: The updated changes from the November 7, 2006 report are in BOLD text]
A. Long Term Plan and Agreement with State
The two-year Consent Decree of March 9, 2006, between `the Department of Toxic
Substances Control (DTSC) and the Potential Responsible Parties (PRP) Working Group
of about 27 companies continues with the Class I maintenance operations.
Staff is currently working with the working group on the temporary office trailers
to comply with the City's Land use and building permits.
B. Proposition 65 Notices
Attached is a copy of the December 21, 2006, Proposition 65 Vinyl Chloride Gas
Emission Public Notice (Attachment A) sent out to 33 residents within the affected area
south of the Class I Hazardous Waste. Landfill. Eight previous notices have been sent on
December 21, 2004, March 21, 2005, June 21, 2005, September 21, 2005, December 21,
2005, March 21, 2006, June 21, 2006 and September 21, 2006. Proposition 65 public
notices are triggered when vinyl chloride gas emissions are greater than 0.05 ppbv (parts
per billion by volume). Proposition 65 notices will continue every three months until the
level drops below 0.05 ppbv.
The City Manager continues to encourage DTSC to make every effort and attempt to
mitigate these emissions and notices as soon as possible. DTSC continues its efforts in
maintenance and repairs to try and reduce the emissions.
DTSC continues to assure the City that this warning IS NOT an immediate health threat
to residents and takes this warning serious by continuing their mitigation measures such
as daily inspections, clearing vegetation, better monitoring, increasing gas control line
maintenance and repair measures, etc.
C. Bankruptcy Status
Staff continues to monitor the court. filings as to whether BKK has actually ' filed
bankruptcy. At the time of this report there was no bankruptcy filing.
1
D. Class III Landfill Closure Activities
• Because of BKK's poor financial status and inability to complete Final Closure
construction in accordance with the original 1997 approved Final Closure Plan,
the California Integrated Waste Management Board (CIWMB) continues with it's
main goal and objective of obtaining a Title 27 minimum standard interim
certified final closure of the landfill using the remaining closure funds. This
interim closure would be conditioned not relieving BKK of compliance with the
original 1997 approved Final Closure Plan.
• There continues to be inadequate funds to complete the interim Final Closure for
the 5 feet of vegetative cover soil, consolidate the three detention basins into one,
complete the perimeter fence,. phase D landscape,. irrigation, etc. However, the
developer for the 700/750=pad development recently submitted grading and
erosion control plans to the CDC and City for the excavation and transport
of approximately 630,000 cubic yards of soil from the proposed 700/750
development pads to the top deck of the Class III landfill. On January 10,
2007, the CDC submitted the developer's proposed grading and erosion
control plans to BKK and the Local Enforcement Agency ("LEA", A.K.A.
Environmental Management Department) to initiate the regulatory agency
review process. In response, BKK submitted the grading and erosion control
plans to the CIWMB and the Regional Water Quality Control Board
("RWQCB") for.their review and approval. On January 23, 2007, the CDC
received conditional approvals from CIWMB, RWQCB and the LEA. These
above approvals are anticipated to result in an additional six feet (6') of
vegetative soil being placed over the existing two and one half feet (2 YZ') of
vegetative cover on the top , deck of the. Class III Landfill. As a result, the
Class III Landfill's _overall vegetative cover thickness would increase to
approximately eight and one half feet (8 %Z') which is one foot more than
what the Final Closure Plan originally required.
• Final closure work continues at a very slow pace with the minimal BKK staff
available.
• BKK has submitted to the agencies for approval their closure certification
for their final two phases, D and E, of the landfill. A final closure report and
certification covering the entire Class III site is the last remaining activity to
complete the final closure process.
E. City's Proposed Commercial Development
Since October 2006, the commercial developer hired a grading contractor and
commenced grading on the new commercial site now being referred to as "The
Heights at West Covina." The developer's grading contractor has cleared and
excavated a majority of the commercial site and is currently focusing on preparing
the future Target and Home Depot pad areas. In addition, the Developer's grading
contractor is currently installing the two essential storm drain systems on site. The
Developer anticipates the new Target and Home Depot opening in Fall/Winter 2007.
DTSC has raised several concerns on the new proposed road entrance to the landfill not
meeting. the design specifications for use by heavy equipment needed for landfill
operations. The City has assured DTSC that the road design is in accordance to the
agreements with BKK for their landfill operations use with heavy equipment and meets
City's heavy equipments standards criteria. The City and DTSC staff have met several
times over the past several weeks to discuss options for widening the. BKK Access
Road. The City and DTSC are currently reviewing various options for the BKK
Access Road design and are working to resolve this issue.
N
F. Bi2 League Dreams Development (BLD)
Construction continues at a rapid pace on the future Big League Dreams Sports Park.
Since the start of construction back in August 2006, a majority of the infrastructure
improvements have been substantially completed such as storm drain, plumbing, utility
work and a portion of the main entry drive along with a new retaining wall.
Additionally, construction continues on the ball field dugouts, backstops and two
restaurants. The Big League Dreams Sports Park is anticipated to open by Fall 2007.
G. Landfill Underground Storm Drain Repair
DTSC has completed the repair of the failed underground storm drain system south of the
Class III Landfill. The remaining Class I storm drain repair project is expected to be
completed by this summer. In the interim, alternative surface drainage systems are in
place.
H. USEPA Groundwater Contamination Corrective Action
Staff has no additional information since the last report. The routine monitoring
continues.
Prepared/approved by:
Steven L. Samaniego
Environmental Management Director
Attachments:
A — December 21, 2006 Proposition 65 Warning
3
ATTACHMENT A
i� Welt South Azusa Avenue
West Covina, California 91792
(626)965-0911
PROPOSITION 65 WARNING Fax (626) 965-9569
December 21, 2006
t
Dear Resident:
Proposition 65 refers to a California ballot measure which was passed into law as the Safe Drinking
Water and Toxic Enforcement Act of 1986 (California Health and Safety Code § 25249.5 et seq).
BKK Corporation is providing this notice in compliance with the law:
BKK Corporation's landfill at 2210 South. Azusa Avenue in West Covina, California
emits vinyl chloride, which is a chemical known to the State of California to cause
cancer. This notice is provided to you because you live within the approximate area
in which estimates of the air emissions predict that persons are exposed to vinyl
chloride in the air at a level requiring a warning under Proposition 65.
On the other side of this notice is a drawing; which shows the homes that are located within the
affected area. Based on a rolling average of the most recent year of air sampling data to determine
the level in question and a conservative estimate of how the line fits among those data points, the
homes located inside the line were assumed to be exposed to vinyl chloride in ambient air at a level
which requires a warning. For vinyl chloride, that level is 0.05 parts per billion by volume.
Efforts are being made to reduce vinyl chloride emissions to a level at which modeling of the
emissions would indicate No Significant Risk. Progress will continue to be measured by collecting
ambient air samples regularly at locations in the neighborhood. BKK Corporation will modify and
re -issue this warning in approximately three months, if necessary. If you have any questions about
this notice, please call me at (626) 965,-0911 x361.
Sincerely,
BKK CORPORATION
By: BASS Construction and Remediation, agent for BKK Corporation
By: Christopher W. Hansen, P.E., Vice President
BAS Construction and Remediation, LP,
I
Note: Due to a lack of BKK Corporation resources, the state Department of Toxic Substances
Control (DTSC) assumed control of; critical site operations on, a pre -arranged date in
November 2004. A subgroup of potentially responsible parties (PRPs) then took over
certain activities in March 2006. With regard to the information reported herein, operation
of the landfill gas control systems and collection of air quality samples were performed first
by DTSC and next by the PRPs.
I
Notices are being mailed to the following 33 addresses in West Covina, CA 91 792:
❑ 2505, 2 506,2509, 2510, 2513, 2514, 2517, 2525, 2555, 2601, 2603, 2605, 2607,
2609, 2611, 2613, 2615, 2617 and 2619 Marlena Street
❑ ' 2600, 2601, 2602, 2604, 2605, 2606, 2608 and 2609 Myra Court
❑ 2420, 2424, 2428, 2432, 2436 and 2440 Nogales Street
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