01-15-2008 - BKK Landfill Site Quarterly Status Report•
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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-7c
DATE: January 15, 2008
PRINTED ON RECYCLED PAPER
SUBJECT: BKK LANDFILL SITE QUARTERLY STATUS REPORT
RECOMMENDATION:
It is recommended that the City Council receive and file this report.
DISCUSSION:
[Note: This report is a consolidation of two Quarterly Reports since the May 5, 2007
Quarterly Report. The updated changes 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. The Decree
expires March 8, 2008. DTSC is in the process of negotiating a Second Consent
Decree. If the Second Consent Decree is not completed by March 8, 2008, a short-
term extension of the First Consent Decree is a possibility.
B. Proposition 65 Notices
Staff is happy to announce that the December quarterly sampling showed no vinyl
chloride gas emissions greater than the 0.05 ppbv (parts per billion by volume)
requiring Proposition 65 Notices. Monitoring will continue.
C. Class III Landfill Closure Activities
BKK submitted a Certification of Closure Report dated October 2007 to the
California Integrated Waste Management Board (CIWMB), Waste Management
Enforcement Agency for the City of West Covina (WMEA) and Regional Water
Quality Control Board (RWQCB) for review and approval. The report purports to
certify that the Class III landfill has been closed in accordance with the approved
Revised Final Closure Plan. Upon approval of the Report, the landfill post -closure
and maintenance operations would begin. Based on communication with the
CIWMB, they are prepared to approve the Report as proposed by BKK. The
CIWMB's main concern is that there is no more money left in the Final Closure
fund and the only way the Post Closure funds can be accessed is with the approval
of the Certification Report.
The WMEA held a Town Hall meeting on December 6, 2007 to inform the public of
the process and respond to any questions. Copies of the Certification Report were
made available for the general public's review at the City of West Covina Public
Library, City of Walnut Public Library, and the City of West Covina's
Environmental Management Department. In addition, the WMEA coordinated its
review of the Certification of Closure Report with City technical staff from Public
Works/ Engineering, Planning Dept., Community Development 'Commission and
Special Environmental Counsel.
Based on the review, the WMEA and the City submitted their comments on the
Certification of Closure Report to BKK (Attached letter dated December 27, 2007)
listing numerous concerns that needed to be further addressed prior to approval.
• i -
The concerns were related to certification of the site as it exists with 7.5 feet
vegetative cover soil instead of 2.5 feet, insufficient/in applicable hydrology
.information, 'insufficient site drainage information, site security and post -closure
funding.
At this. time the WMEA 'has not received a response from BKK, CIWMB, or the
RWQCB with regard to 'the concerns set forth in the December 27 letter.
Nonetheless, until the comments are addressed, the WMEA . is not prepared to
approve the Certification of Closure Report as currently proposed.
D. City's Proposed Commercial Development
Construction of the commercial center ("The Heights at West Covina"), including
the Target and Home Depot buildings, is nearly complete. The developer's general
contractor is currently overseeing the construction of several inline shops and
restaurants, which are in various stages of completion. .The Developer anticipates
that both Target and Home Depot will open no later. than April 2008, and the
remaining shops and deadlines should be completed shortly thereafter.
E. Big League Dreams Development (BLD)
The Grand Opening ceremony for the Big League Dreams -Sports Park was held on
October 27, 2007. Meanwhile, the Park is scheduled to complete construction and
open to the public in January. Since the start of construction back in August 2006,
infrastructure improvements have been completed such as storm drain, plumbing,
utility work, and.the main entry drive along with a new retaining wall.
F. Golf Course Development
Public .Works is completing the construction document and will be releasing it out
for construction bid in April 2008.
G. USEPA Groundwater Contamination Corrective Action
DTSC has not formally taken over responsibility for the outstanding corrective
action obligations. After BKK'S 2004.abandonment of its post -closure
responsibilities on the Class I site, DTSC determined, and EPA concurred, that the
most important immediate task was operation and maintenance of the site. As those
activities are stabilizing, they are looking at and discussing the groundwater .
remedy. The routine monitoring continues.
Attachment:
.A - December 27; 2007 letter
Prepared/approved by:
Steven.L. Samaniego
Environmental Management Director
• • ATTACHMENT A
RESOLUTION
AIL-w w
LAW GROUP P.t.
DAVID A. RABBINO
ATTORNEY
Kelly McGregor
Chris Kazarian
BKK Corporation
2210 South Azusa Avenue
West Covina, CA 91792
DIRECT: 925-299-5 1 28
E-MAIL: DRAB81ND@RESLAWGRP.COM
December 27, 2007
ENWRONU , FeCEIVED
NTA4A NAGE4ft
JAN 0 21008
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RE: West Covina — Proposed Closure of Class III Landfill
RLG File No.: 01-5522-0001
Dear Mr, .Kazarian:
We are Environmental Counsel for the City of West Covina ("West Covina") and the
Lead Enforcement Agency ("LEA"). Through this correspondence, we are transmitting the
consolidated comments of the LEA to the proposed final Certification of Closure Report
("Final Certification Report" or "FCR") for the BKK Landfill Class III Area, as well as those
of West Covina. The LEA and West Covina share the California Integrated Waste
Management Board's ("CIWMB") concerns about the diminishing funds for further closure
work, and certainly join with the COMB in getting to the Post -Closure phase of work as
quickly as possible. However, both the LEA and West Covina have concerns about the
Final Certification Report as it currently exists. The LEA requires additional information
before it believes it is appropriate to approve the same. The information sought is
discussed below. The LEA believes that the information requested should not take long to
obtain, and the LEA (and West Covina) are both prepared to expeditiously review the
information upon receipt in order to approve the FCR as soon as possible.
LEA/West Covina Comments:
.1) Closure Task Identification: Since the FCR reflects a different level of work
than was previously approved through the CEQA process by the LEA, COMB, and
RWQCB in 2002, the LEA believes that a more thorough discussion should be included
that specifies the work that has been performed, as well as those tasks that have been
eliminated, to enable members of the public to more easily understand the changes that
have been made. Virtually all of the tasks that were eliminated were identified in the
Interim Revised Closure Plan, which should make it relatively easy to incorporate such
specifics -in the FCR.
2) Certification of Vegetative Layer On Top Deck: The CEQA-approved
Closure Plan provided for the top deck of the landfill to have a 7.5' vegetative layer. The
thickness of this layer was approved upon review by all appropriate regulatory agencies.
The thickness was selected to be protective of human health and the environment, and in
consideration of the potential future use of the site as permitted and/or required by of Title
27 (formerly Titles 14 and 23) . To the extent the FCR asserts that the 7.5' vegetative
371 7 MT DIABLO BLVD., SUITE 2013, LAFAYETTE, CA 94549 PHONE: 925-284-0840 FAX 925-284-0870
layer thickness was "solely related to the City of West Covina golf course development,"
this statement is factually incorrect, and the LEA and West Covina believe the statement
should be removed.
It has been acknowledged that this requirement was reduced to a required
thickness of 2.5' as a result of the existing funding shortfall. However, West Covina was
able to obtain additional soils as a result of the private development that is going on
around .the BKK landfill. Given that the top deck now has a vegetative layer that is 7.5' in _
almo8f all locations, the FCR should reflect this. To the extent there are areas that do not
have a 7.5' thick vegetative layer, they should be identified. West Covina staff will be
happy to provide this information to assist BKK and the CIWMB in this regard.
3) Insufficient/Inapplicable Hydrology Information: According to the FCR, BAS .
relies on hydrology information contained in three reports. There is no indication that BAS
has `conducted its own independent hydrology analysis. This is of concern to the LEA and
West Covina because these reports may not be applicable, in whole or in part, to the
hydrology of the Class III landfill. For example, the April 2006 hydrology analysis related to
the West Covina Sportsplex is not directly applicable to the hydrology of the overall landfill.
In the first instance, it only considered a 50-year storm event, not a 100-year storm event
as, required by Title 27 regulations. Secondly, while RBF's report discusses the landfill as
a whole, the analysis was geared toward the development of the Sportsplex, not forthe
closure'of the landfill. It does not, as a whole, address conditions at the overall landfill. As
a result, reliance on this information for demonstrating proper closure of the landfill is not
appropriate.
The RBF study also 'assumed the existence"of all of the drainage components
contained in the original final closure plan, particularly the installation of the parallel 48-
inch storm drain, connection of the proposed golf course drainage to the BKK basin, and
the enlargement of the Upper Detention Basin. At present, the parallel 48-inch storm drain
and the golf course drainage are not in place. Therefore, reliance on the RBF report and
analysis by BAS is not appropriate.
BAS expressly states that "it is relying on RBF's professional knowledge and
certification of the hydrology analyses." However, as set -forth above, RBF's'analysis was
premised on conditions that do not presently exist at the Site. As a result, while the LEA
has no problem with BAS-using the hydrology information generated by RBF, the LEA (and
West Covina) believe BAS should provide an independent analysis of the data provided by
RBF that synthesizes the hydrology data and demonstrates how, collectively, these reports
cover the hydrology of the entire Class III landfill area. Accordingly, the LEA believes that
the hydrology data should be reevaluated to assure that it is consistent with and reflective
of the existing state of the landfill, not conditions that were anticipated to exist.
4) Insufficient Information on Site Drainage:. The LEA notes that there is
insufficient detail on the drainage at the site. In the first instance, there are no as -built
drawings that demonstrate the proper sizing of the Upper Detention Basin. This basin is
required, pursuant to section 20365 of Title 27, to be able,to withstand a 100-year,'24-hour,
storm event. Given that two previously existing basins at the landfill have been closed,
and that their capacity was to be placed into the Upper Detention Basin, it is imperative
that the Upper Detention Basin be properly sized as it is the sole remaining drainage basin
LETTER TO'KELLY MCGREGOR, CHRIS KAZARIAN DECEMBER 27, 2007 PAGE 2
0
at the Class III landfill. If in fact it has been properly sized, the LEA and West Covina
believe this information should be readily available.
Further, the DTSC has informed the LEA that BKK made some modifications to the
Upper Detention Basin, including an alteration of the flow -line, which allowed liquid to be
passed through the Upper Detention Basin without being detained. This obviously is of
significant concern to the LEA. Information demonstrating that this has been corrected
must be presented.
The LEA and West Covina are also concerned that the parallel 48-inch storm drain
has not been designed, let alone installed. This drainline was originally contemplated to
be a significant component in the overall site drainage. In addition, the proposed final
drainage in the original Final Closure Plan required BKK to construct concrete sumps
around the down drain and the storm drain inlets. This work has not been completed.
Completion of this work would result in significantly better drainage, easier long-term
maintenance, resulting in significant post -closure savings. Because the post -closure
funding levels contemplated the construction of these items, the absence of them could
negatively impact post -closure funding levels.
In the absence of the requested data regarding the Upper Detention Basin and the
parallel 48-inch storm drain, the LEA and West Covina believe there is insufficient detail
on the stormwater runoff controls. Given the flooding that has occurred from the site in the
past, the LEA and West Covina believe it is imperative that this information be made
available.
In light of the concerns articulated above, it is not clear how the present state of the
closure work complies with the minimum requirements of Title 27. As a result, the LEA
believes these issues need to be addressed before approval of the Closure Report is
appropriate.
5) Site Security: At present, it is the understanding of the LEA and West
Covina that the Class III landfill is not secured so as to prohibit access to specific areas of
the Class III landfill. Section 21135 of Title 27 provides that sedimentation basins and
detention basins shall be secured and maintained to prevent unauthorized access, and the
same requirement exists for the Site in general. The LEA and West Covina believe the
FCR does not properly address this issue.
6) Post -Closure Funding Levels: Section 3 of the FCR lists several "closure -
related construction activities" that will be completed during the initial "postclosure
maintenance period." Absent is any discussion of the anticipated funding that will be
required to complete these tasks. The post -closure funding was developed on the
assumption that all closure activities would be completed. The proposed use of post -
closure funding for "closure -related construction activities" raises a concern that there will
be insufficient post -closure funding in the future. The only way to access the impact on
the post -closure funding is to have a cost estimate to review for the "closure -related
construction activities.
Finally, the LEA and West Covina note that the FCR fails to address the removal
and burial of debris and equipment in the maintenance yard (also known as the
LETTER TO KELLY MCGREGOR, CHRIS KAZARIAN DECEMBER 27, 2007 PAGE 3
"boneyard"), activities that were also called for under the originally approved Final Closure
Plan. The FCR needs to address this deficiency.
The LEA and West Covina want it made clear that the reduced work contained in
the FCR is the result of funding shortfalls, not because the previously CEQA-approved
plan was excessive or inappropriate. The LEA and West Covina believe that any
regulatory approval to the FCR be conditional, and that such regulatory approval be made
with the understanding that should additional funding become available to BKK in the
future, BKK will be required to complete the "closure" tasks required by the originally
approved Final Closure Plan that were otherwise not completed during the "closure
activities due to the present funding shortfall.
Assuming the information requested and above comments can be addressed in an
appropriate fashion, the LEA and West Covina will be prepared to move forward with the
FCR. As stated above,.the LEA and West Covina are committed to reviewing the revised
FCR in an expeditious manner upon receipt of the information requested.'
Please feel free to contact me should you have any questions regarding this letter.
can 'be reached at (925) 299-5128.
Very truly yours,
RESOLUTION LAW GROUP, P.C.
David A. Rabbino
DAR:kmk
cc Steven L. Samaniego, LEA
Aaron Ledet, CDC
Andrew Pasmant, City of West Covina
Christopher Chung, CDC
Scott Walker, CIWMB
Wen Yang, RWQCB
Marilee Hanson, DTSC
Dan Ziarkowski, DTSC
LETTER TO KELLY MCGREGOR, CHRIS KAZARIAN DECEMBER 27, 2007 PAGE 4