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04-11-1997 - Special Meeting - Minutes• MINUTES SPECIAL OF THE WEST COVINA CITY COUNCIL with the PLANNING COMMISSION and WASTE MANAGEMENT & ENVIRONMENTAL QUALITY COMMISSION April 11,1997 The special meeting was called to order by Mayor Wong at 2:42 p.m. in the City Hall Council Chambers, 1444 West Garvey Avenue, West Covina, California. ROLL CALL City Council Mayor Wong, Mayor Pro Tern Melendez, Councilmembers Howard, Touhey Absent: Councilmember Herfert Others Present Planning Commission Commissioner Connolly Absent: Commissioner Reiner, Zeller, Solinger Waste Management & Environmental Quality Commission Commissioners Santell, Hedlund, Dubina, Massarotto, Polich City Staff Starbird, Wylie, Glover, Lermard Buchanan, Martyn, Miller, Samaniego, Tong, Mayor Wong announced that he would turn the gavel over to Mayor Pro Tern Melendez for this meeting. I. INTRODUCTION AND BACKGROUND Mayor Pro Tern Melendez suggested that any comments be held until after presentations were made. He then made introductions of Federal and State Officials, as well as BKK Corporation officials and City staff. Mr. Melendez followed the introductions with background information and the purpose of the meeting, noting that the Council had become concerned with the amount of time it was taking to assess the extent of the groundwater problem and the lack of additional remediation of the .contaminated groundwater. Council Comments Councilmember Touhey requested that those officials making presentations be sworn under oath that any statements made are the absolute truth. He said his reason for this request was that, in past discussions with these officials, he had found several inconsistencies in their statements. Councilmember Howard noted that she felt comfortable that the representatives were at the meeting to present the facts and that an oath did not seem necessary. Mayor Wong expressed concern that the representatives were not informed. that an oath would be administered. He stated that the video tape of the meeting should suffice to hold the representatives accountable for their presentations. Councilmember Touhey noted that CalEPA shredded documents that offered a differing opinion than their final conclusion, and felt an oath was justifiable. The meeting was recessed at 2:52 p.m. for the City Attorney to confer with USEPA Attorney and the City Council. The meeting reconvened at 3:02 with all members present except Councilmember Herfert. smin04.11 05/30/97 1 PRINTED ON RECYCLED PAPER Motion Motion by Touhey to swear in all City, State and Federal officials and representatives that would be making presentations. Motion failed for lack of a second. City Manager Starbird noted some minor modifications in the working agenda. II. HISTORY AND LOCATION OF BKK LANDFILL Waste Management Enforcement Manager Steve Samaniego presented a brief history of the BKK Landfill noting such factors as: • Groundwater contamination was identified in 1983 and the U.S. EPA became involved with the facility; • 19 homes located adjacent to the landfill were evacuated in 1984 due to the discovery of explosive levels of methane gas and high levels of vinyl chloride; • . BKK stopped receiving hazardous waste except for asbestos in 1984 and closed the hazardous waste landfill unit to the receipt of all waste in 1987; and • BKK closed the municipal landfill on September 15, 1996. III. REGULATORY AGENCY ROLES Steve Samaniego continued his presentation with descriptions of the agencies responsible for regulatory oversight of the BKK Landfill. Those agencies described were: • United States Environmental Protection Agency (USEPA) • Cal -EPA Department of Toxic Substances Control (DTSC) • Regional Water Quality Control Board - Los Angeles Region (RWQCB) • South Coast Air Quality Management District (SCAQMD) • Cal -EPA California Integrated Waste Management Board (CIWMB) • Waste Management Enforcement Agency for City of West Covina (LEA) • City of West Covina Local Planning and Land Use Authority IV. U.S. EPA CONSENT ORDER 3008(h) Mayor Pro Tem Melendez introduced Larry Bowerman, Chief, Resource Conservation Recovery Act (RCRA) Corrective Action Office of the U.S.EPA. Bowerman An overview of the authorities of the Resource Conservation Recovery Act (RCRA) was presented. He noted the general purpose of the Order was to address releases of hazardous waste from BKK Landfill to air, soils, surface water and ground water. Specific goals of the current enforcement order include: • Site investigation and characterization • Use and evaluation of interim remedial measures • Evaluation of remediation options ! Remedy selection • Prepare a human and ecological health risk assessment Also the current Order does not include provisions for implementation of the remedy, once selected. A new permit or order would have to be issued. If a permit or order is issued, DTSC (Department of Toxic Substances Control) will issue it, because EPA no longer has authority to issue permits. Ambient Air and Vinyl Chloride Issues • • Ambient air is historically the most important exposure pathway. • Over the last 12 years, BKK tried to reduce amount of Vinyl Chloride exposure to the fullest extent possible. • From 1984 to 1994, vinyl chloride was reduced by a factor of 100. • Reductions have been achieved by expansion of the landfill gas collection system and improved cap maintenance. • In 1995, a one-year ambient air study began to measure 19 volatile organic compounds, including vinyl chloride. An ambient air monitoring report will be sminO4.11 2 PRINTED ON RECYCLED PAPER 05/30/97 prepared and the data will be used to prepare a comprehensive health and ecological risk assessment. Groundwater Issues • The time taken for characterization has been lengthy, but not unusual for a site of BKK's size and complexity. • There needs to be a complete characterization to help select a remedy and allow it to work. • There have been four phases of groundwater investigation, three are complete. The fourth will be complete in the RCRA Facility Investigation (RFI) Report expected in October1997. • Groundwater Interim Remedial Measures Studies (IRMS) began in 1987 still continues. • The completion of the combined IRMS/Conrective Measures Study (CMS) Report is expected in February 1998. City Manager Jim Starbird asked Colin Lennard, West Covina Special Legal Counsel, to expound on the nature of the Consent Order and the timeline in which the order is being carried out. Lennard There are essentially three phases that will have to be accomplished with groundwater. Two of those phases will be accomplished under the Consent Order; the third will be accomplished after the Consent Order is over. 1) Investigation report (Site Assessment Mitigation) or characterization study. 2) Corrective Measures Study - the selection of a remedy by BKK. 3) Corrective Measures Implementation - once an approved remedy is finalized by EPA. Then BKK has to implement the measures. What is the present status of Facilities Investigation Report and Corrective Measures Study? If not completed, when will they be completed and what needs to be done? He noted that the final draft of the Facilities Investigation Report was to be submitted by the end of December 1990. Bowerman Three phases of the RCRA Facilities Investigation were completed. He expects to receive the investigation report in October 1997. The Corrective Measures Study, which hopefully will be combined with Interim Remedial Measures Study, he hopes to be submitted from BKK around February 1998. Lennard The deliverables under the Consent Order are questions that the City Council and public have. Bowerman The schedules under the Order were the best estimates at the time as a result of the investigation. Additional work by BKK, in both air and ground water, was needed, which extended the completion time. Lennard The deliverables schedule included: • Draft Phase Hydrogeologic Report - July 31, 1989 • Phase II Hydrogeologic Report - May 31, 1990 • Approval steps included Final investigation report (characterization) - December 31, 1990 Bowerman A request was received from West Covina to update all the detailed items listed in the work plan as to what has been completed and/or approved by EPA. He stated that they will examine their files and provide a response as soon as possible. Lennard A discussion of the schedule for deliverables is important to place this work into context. smin04.11 3 PRINTED ON RECYCLED PAPER 05/30/97 Bowerman Introduced Katherine Baylor, (Hydrogeologist, U.S. Environmental Protection Agency) to give a presentation on the status and results of BKK studies to date on Groundwater Investigations and Interim Remedial Measures Studies. Baylor Site Geology & Site Hvdroeeoloev Will provide a general technical overview. The site is on folded, faulted and fractured bedrock. It is interbedded sandstone and shale that has been uplifted into an anticline [at north side of landfill] with subsidiary folds [to the south]. There is a major fault [from NE to SW roughly along the wedge] and others that trend west to east [through south portion of Class I disposal unit]. The waste was disposed of in a canyon fill directly on the fractured bedrock. This is not the waste practices we use today to dispose of hazardous wastes, but at the time it was standard practice to dispose of waste on whatever space was available; in this case, fractured bedrock. There are two ways for the waste to migrate off - site: a) migrate down the historical canyon [toward Azusa Avenue] along historical Puente Creek; and b) migrate through the bedrock, flowing through the alluvium. Contaminants The contaminants we are most concerned about are chlorinated solvents such as trichloethylene, terachloroethylene and vinyl chloride and their intermediate products. The problem with these products is that they are mobile. The disposal practice at the landfill was to commingle the liquids with the solid wastes and put liquids in holes drilled in the solid wastes. Contaminant Migration The groundwater [from the site] is flowing to the South, southwest, down the historical canyon to the Southwest. It is not migrating to the North [west of the communication antenna] because of groundwater divide. BKK has been investigating [the NW portion of Class I disposal unit] along a sheer zone [in the wedge]. There is a very minor contamination at the north ridge. We are most concerned about the southeast area. This contamination is the result of the orientation of the geology [West to East]. Also concerned about the area south of the landfill entrance, down Azusa Avenue to Amar Road. BKK has stepped out with hydropunch well drilling into Valinda and not found any contamination. They are now in the process of coming back toward site to find out the extent of contamination. We also have a minor amount of contamination to the South [above Lynn Court] and in the northern portion of the wedge between the Class I and Class III Landfills. The contaminants are chlorinated solvents that do not occur in nature. Because they are created in the laboratory, there is not very much in nature that can deal with those compounds. Petroleum products that leak from service stations do not migrate very far from the originating site. Also, there are microbes in the subsurface. that eat up those types of contaminants. There are no microbes that eat up chlorinated solvents. The conditions at BKK are found nationwide at thousands of sites. Contaminants in the subsurface can exist in four phases: a) free phase, b) dissolved phase, c) residual phase, d) vapor phase. The volatile organic compounds are relatively insolubles or they dissolve very slowly. Therefore, they can continue to contaminate the groundwater for a very long time. smin04.11 4 PRINTED ON RECYCLED PAPER 05/30/97 1 Monitoring Wells & Remedial Wells BKK has over 250 groundwater monitoring wells installed. The current groundwater monitoring network consists of 44 monitoring wells. They also have a significant number of remedial wells. It is incorrect to state that there has been no remediation done on the site. BKK has 6 groundwater extraction wells in the Barrier I area of the historical Puente Creek. There are three wells operating on the Southeast side, there is an extraction well at Miranda Spring. There is also an extraction well in the Barrier 2 area. Leonard Our reference to no remediation at the site, we were not talking about interim remediation measures under the 3008(h) order. Baylor Remediation measures in place now are not intended to be final remediation measures. Samaniego Are the interim remediation measures in relation to the 3008(h) order or due to the failure of the barriers? Baylor I only provide technical support, cannot answer the question. BKK Proposal for Groundwater Investigations Steve Janes He complimented Kathy Baylor's presentation. He then described the Janes installation of monitoring wells, site geology, clean groundwater and cross Network, Inc., section of geologic ridge - ground water divide. He used a topographical map of BKK the Landfill throughout his presentation to point to specific locations on and consultant around the site. Note: Comments in brackets[ ] are provided as a clarification or to clarify where he/she was pointing. Even if groundwater flowed down to bedrock, the fluids would flow down the canyon. As long as fluids are deposited in the waste column below the divide, the fluid flowed down the canyon. As fluids were deposited higher in waste column, above divide, they could move over divide. However, as fluids had dry waste pushed into it, the fluids were homogeneously distributed in the waste like a sponge. The initial working model worked with was the fluids moved down and out of the waste pile in a one-time release. There are still quite a bit of fluids in the landfill. The likely method for the movement of fluids is that they percolate downward and perch on the lift layers allowing fluids to concentrate in waste along those layers. The upper portions of the lifts are not dry, but the pore spaces are not filled. Where the fluids are concentrated, fluids can be more mobile. The second process, as the waste pile compacts, it squeezes on the fluids and forces them laterally. We don't want fluids to move to the perimeter of the landfill. If this happens, it would allow the re -percolation into the rocks. He re-examined the monitoring system here [SE area]. Someareas areas have not changed much over time in size or chemistry. He re-examined wells directly adjacent to waste [our SE side], MW 22 for smin04.11 . 05/30/97 5 PRINTED ON RECYCLED PAPER 1 example, where the chemistry recently changed. Area of impact has not changed. This led him to conclude there was something to the second model and something could be occurring at the perimeter now. 1 Since waste was adjacent to bedrock, it made sense to look at this area for a remediation system. He described the leachate extraction wells inside SE landfill. They would be drilled through the waste layers inside boundary down to bedrock. The purpose is to extract fluids. A couple of these wells have already been installed and a successful design has been developed. They are effectively removing fluids based on observation wells around the extraction wells. A second set of wells would be groundwater extraction wells. We would install the well so it would open up to extract in the groundwater. The intent is to capture all of the fluids [along the bedrock at perimeter of landfill]. Pumping of these wells would deepen the inward gradient of the groundwater. The wells need to be placed inside SE ridge to pull groundwater back into site. If placed on the ridge, they could pull fluids from the waste. The dark blue dots are those proposed wells. The wells are spaced along the geology trends described by Kathy Baylor. They would screen each of the wells 'in the bedding planes and capture water inbound of the divide. The perimeter gas wells along ridge have some moisture in them. This moisture is not that mobile. Gas wells pull the gas and any contaminated soil moisture as condensate. Wells are already in place on perimeter to extract gas but they will be used to strip any moisture at the ridge to prevent it from moving off -site into groundwater. Horizontal wells on south side will be augmented in Barrier 2 area to remove leachate. Groundwater and leachate extraction wells are proposed in Barrier 1 area. Barrier 1 area is focal point on site. Barrier 1 has collected millions of gallons over its lifetime. Under the right design, it would always be helpful to increase the extraction here [Barrier 1]. Starbird Could you describe the areas of contamination, where the plumes are and how extensive the contamination is. Jones Barrier 1 - darker red [west of barrier] refers to 1,000 PPM. There is another area [south of landfill entrance] called the Southwest area along here, [Azusa Avenue to Amar]. Barrier 1 plume is completely defined. SW plume, except for 2 or three more hydropunches, is defined. The North Saddle is pretty well defined although there are a number of geologic cross -sections. Miranda Spring plume is defined since there is an outbound well that is clean. The plume under Miranda Street in Area 7 is on big sandstone unit. Hydropunch wells along Melissa Avenue have been clean. Plume does not extend beyond Melissa. This plume [east of Nogales terminus] is along Nogales fault. New wells have defined the plume's extent north of the fault. BKK has tested well on Amar Road sminO4.11 05/30/97 G PRINTED ON RECYCLED PAPER [at Manu] and determined it [plume] stops just about there. Geologic beds on southeast turn to the South toward Amar Creek. EP 14 [Amar & Manu] is natural end point and concentrations are essentially zero. ItStarbird Is there any contamination south of Amar? Janes At this time, there are no [hydro] punches across Amar Creek. Punches on north side of Amar came up clean. This would turn to follow Amar Road, the previous route of creek. BKK has punched along north side of Amar and found no impacts. We are hoping to get across the street into shopping center to punch there to confirm. This well has a concentration of 10-15 PPB. South plume is defined. Essentially we are done except south of EP-14 and in SW area. These should be done in weeks. SW Plume is a former creek that is now cemented in. Have defined width of plume along Amar Road [West 'of Azusa along Amar to east of Azusa]. Recently punched in here [Valinda about % way to Wing Lane and along Wing Lane]. We plan to punch on east side of Azusa Avenue [South of the Jack In The Box restaurant]. We have defined the plume to be here [100 - 200 east and parallel to Azusa] and here [Plus or minus 200 feet east & parallel to Azusa on line east of Bank of America]. It does not appear to be significantly extended this way [to SW]. There is a new plume here [about 300 ft south of Amar, just west of Azusa]. New plume is from another source because of different chemistry. Concentration in Amar area is in the 40 PPB range. We believe they are nearing the end of the plume here f south boundary of shopping center]. Touhey What about Amber Valley Spring? Baylor Provided history of sampling at Amber Valley Spring. The Spring was sampled in October and found a very low level of contamination. When sampled in February it was clean. It was possibly from printer in trash at the site. USEPA will continue to sample in about 6 months or a year. The plumes are estimates based on fairly accurate information, but the site is very complex geologically, as complex as you can get. We believe BKK has nailed down general areas of contamination. Can never be 100% sure. Overview of BKK proposal: • Referenced EPA Policy for remediation in regional and national perspective. Thousands of sites across county. • They need alternatives to groundwater remediation from technical • Perspective. • Clean-up - no expectation that this can be done. • BKK proposing hydraulic contaminant • Contain contamination at edge of landfilf and pull back into site. • Groundwater is too salty for use as drinking water. • Proposal is consistent with current EPA policy. Starbird BKK described how the geology worked. Can you respond to their description, sminO4.11 7 PRINTED ON RECYCLED PAPER 05/30/97 [at Manu] and determined it [plume] stops just about there. Geologic beds on southeast turn to the South toward Amar Creek. EP 14 [Amar & Manu] is natural end point and concentrations are essentially zero. Starbird Is there any contamination south of Amar? Janes At this time, there are no [hydro] punches across Amar Creek. Punches on north side of Amar came up clean. This would turn to follow Amar Road, the previous route of creek. BKK has punched along north side of Amar and found no impacts. We are hoping to get across the street into shopping center to punch. thereto confirm. This well has a concentration of 10-15 PPB. South plume is defined. Essentially we are done except south of EP-14 and in SW area. These should be done in weeks. SW Plume is a former creek that is now cemented in. Have defined width of plume along Amar Road [West of Azusa along Amar to east of Azusa]. Recently punched in here [Valinda about % way to Wing Lane and along Wing Lane]. We plan to punch on east side of Azusa Avenue [South of the Jack In The Box restaurant]. We have defined the plume to be here [100 - 200 east and parallel to Azusa] and here [Plus or minus 200 feet east & parallel to Azusa on line east of Bank of America]. It does not appear to be significantly extended this way [to SW]. There is a new plume here [about 300 ft south of Amar, just west of Azusa]. New plume is from another source because of different chemistry. Concentration in Amar area is in the 40 PPB range. We believe they are nearing the end of the plume here [south boundary of shopping center]. Touhey What about Amber Valley Spring? Baylor Provided history of sampling at Amber Valley Spring. The Spring was sampled in October and found a very low level of contamination. When sampled in February it was clean. It was possibly from printer in trash at the site. USEPA will continue to sample in about 6 months or a year. The plumes are estimates based on fairly accurate information, but the site is very complex geologically, as complex as you can get. We believe BKK has nailed down general areas of contamination. Can never be 100% sure. Overview of BKK proposal: • Referenced EPA Policy for remediation in regional and national perspective. Thousands of sites across county. • They need alternatives to groundwater remediation from technical • perspective. • Clean-up - no expectation that this can be done. • BKK proposing hydraulic contaminant • Contain contamination at edge of landfill and pull back into site. • Groundwater is too salty for use as drinking water. • Proposal is consistent with current EPA policy. smin04.11 7 PRINTED ON RECYCLED PAPER 05/30/97 Starbird BKK described how the geology worked. Can you respond to their description, doubts and questions? Baylor It has taken this long because we have questioned and we have asked for more information. Generally, we are in agreement with them [BKK]. Touhey What danger is there if we don't do something with the contamination in the wedge area? Baylor There are impacts in MW 50 area and a minor amount of contamination under proposed golf course. No immediate impact on health or the environment. Ideally, would not like to see this migrate any further. BKK has not proposed any new wells in the area. BKK proposal appears to be consistent with EPA policy, but we have only seen their map and three pages of documentation. We need more information before we will accept the proposal. Bowerman Movement under Class III will not make it a Class I site. Lennard Is it EPA's view that off -site plumes are not moving at all? Baylor Data tends to indicate they are moving slowly, if at all. She gave a historical perspective on EP-14 and projections into future. She briefly described natural attenuation of contamination. Leonard With natural attenuation, the contamination would just disappear? Baylor No, natural attenuation includes not only biodegradation, but also dispersion & dilution. Lennard At this point you do not believe plumes have moved far enough for natural attenuation? Baylor That has not been investigated. Leonard BKK has made one proposal that EPA is investigating, I assume there will be others in the Corrective Measures Study before the public hearing? Baylor Yes, that is correct. This phase of the program is very important. This is BKK's tentative remedial measures that they want to go forward with, however, they are certainly working on others. What those are, you would have to ask BKK. BKK will present a variety of options and their preferred remedy. Lennard There are estimates of time, in EPA letter, that remediation will begin by end of 1998, subject to public participation. When do you believe remediation will begin? Bowerman I will discuss _schedule next. The options you are talking about are in the Corrective Measures Study. BKK is required to investigate the options and EPA has to evaluate them. • Starbird The contamination in the Valinda area, Dr. Janes or Ms. Baylor, can you give us a sense of the extent of it? Baylor Very recent data, I would defer to Dr. Janes. Janes There were 15 punches done in two lines [W to E, South of Amar perpendicular to Azusa Avenue, several hundred feet South of Amar]. Three wells had PCE and one of the three had PCE plus..., these were at 2-5 PPB. The rest were ND smin04.11 8 PRINTED ON RECYCLED PAPER 05/30/97 [not detected]. PCE is a parent of many of the daughter compounds found north of Amar and Azusa. Finding PCE here seems to indicate another. source. To resolve the question, BKK plans to punch more wells to the East of the three PCE wells. 'In addition, they will look at other operational activities that might explain the PCE. Typically, you would find PCE upgradient from the compounds it breaks down into. Baylor While not having seen the data, the further away from the facility you get, the more difficult it is to pin down the source of the contamination. Here [SE area] there is no other source, thus, we are confident it is from BKK. Here [SW area] there are additional sources that make it more difficult. Further to the SW is the S.G.V. Superfund site that has the same compounds, not related to BKK, but are chlorinated compounds that have been used widely in industry. Melendez Have you identified where that originated? Baylor It does not necessarily mean faster results in farther. It is the historical Puente Creek and is more likely to move more than in SE area. The contamination is not new, it has just been found. The pumping wells installed here [Barrier 1] were designed to intercept the flow. Janes The contamination may be from an earlier landfill, filling right at the gate, and a truck washout that was right at the gate. This has been excavated out and cleaned out, but there are residuals in the soil. Distance looks large from here to these [Class I to Amar & Azusa], but the source was almost surely right there [at the gate]. Melendez You are saying the contamination flowing to Amar and Azusa is not coming from the Class I? Janes My scientific hypothesis, yes, because of the other activity here [at the gate]. Touhey The EPA letter of May 23, 1994, the North Saddle area, groundwater flows to the Northeast. Contamination is migrating to the northeast. Is this still a correct conclusion? Baylor Contamination has been found up here in the MWB4, B5, B6 wells. Very low levels of contamination, 5-7 PPB. [200-300 feet off site]. VOC's are more dense, sink in water column, and move to the North, but not in a significant level. It is possible there is migration to the North. r Touhey No wells to the North? Baylor Correct, because of the difficulty of access. Janes MWB-I I has been installed at property line and is clean. Howard This whole thing is unacceptable. Seven years and not one thing has been done. This is bureaucratic job propagation. Give BKK a chance to get this underway. Get it done. The City of West Covina cannot wait anymore and we will direct our efforts to our legislators. Why does it take seven years? Nothing needs to be studied that much. Give them a chance to move on and maybe you can go on to another landfill. Touhey I agree with Kathy on that. If we do not start on some of the remediation now, we are just going to make the clean-up bill larger for BKK and the contamination move farther from the landfill. If we know we have contamination in certain areas, why don't we start fixing the problem? You are just building up a bill that no one has a financial where -with -all to take care of. sminO4.11 9 PRINTED ON RECYCLED PAPER 05/30/97 Melendez The City, in the best interests of the residents, would like to have containment within a reasonable time. If we proceed with the proposal from BKK for hydropunching in the southeast area, north of Nogales and Amar, Mr. Bowerman is going to give us a schedule and process for completion. Bowerman A copy of the schedule is in the handout. Those who are interested in the status of activities of the 3008(h) order, a copy of our letter to Mayor Wong, sent on March 27, is also in the handout. We are interested in getting the problem addressed as quickly as possible. We are open and willing to listen to any suggestions on how to speed the process up, and we are constantly trying to come up with ways to make the process more efficient. This is a very complicated site. We need the right kind of information to make a good remedy selection decision and make sure whatever is done does not make the problem worse. Howard Mr. Bowerman, if you do not stop testing, you're never going to get the job done. Despite these wells being contaminated for how many years, not one remediation has been done to clean these wells up. December, 1998 is not acceptable to me. I see no reason why your agency cannot get this done faster. Every minute you take costs BKK, costs the Federal government and costs the people of this City. Stop testing. That's what's been going on in our valley for years. Give BKK a definitive answer on'whether their plan is acceptable or not, so. they can get on with the job. Regarding 1998, how fast can you get the job done, no more testing. Baylor On a technical note, there are sound reasons for not moving so quickly. Howard Not interested in the reasons. I amjust interested in when is thisjob going to get done. Stop giving us reasons why this cannot get done, get the job done. When can you get the job done before December 1998? Baylor Technical reasons are obviously not what you are interested in, so. Howard You have had enough technical reasons for seven years. Stop. The City of West Covina is asking you to give us a leg up, to give BKK a leg up and get the job done. Bowerman BKK is installing test wells to prove out the design of the proposal they have submitted and see if it will work. We need the right kind of information to make the good decision. I share your frustration that we are studying this thing to death. We don't want to study this to death, but we have to have enough information to make a rational, quality decision on what the appropriate remedy for this site Bowerman These are the main items on the proposed schedule. We have not had the chance to discuss this with BKK nor with the Interagency Steering Committee (ISC), which is made up of the regulatory agencies dealing with the BKK Landfill. The following schedule needs to be reviewed and approved by BKK. • These are preliminary estimates of what could happen. RCRA Facilities Investigation • Report - submitted by BKK in October of this year. • Corrective Measures Report - February 1998 - Analysis by BKK of the available options for remedies and their recommendation for what they think is the best remedy. - Submittal to be combined with the Interim Remedial Measures sminO4.1 I 10 PRINTED ON RECYCLED PAPER 05/30/97 Study that BKK is going to be preparing evaluating the interim remedial measures that have been taken at BKK to date. • Proposed Remedial Action Plan - June, 1998 ■ EPA's analysis of proposed remedies and its recommended remedy, • Public notice and comment period July/Aug. 1998 and public hearing • EPA Response to Comments and Oct. 1998 selection of Remedy. • Select an Enforceable Mechanism Nov. 1998 • BKK begins Implementation Dec. 1998 Bowerman I understand the people's level of frustration. It is a long time but this is a very complicated facility. COUNCIL COMMENTS Wong What is the prognosis for the contaminated groundwater? Where is the nearest drinking water well and what is prognosis for contaminated groundwater to reach these wells? Baylor The nearest well is over a mile away in the San Gabriel Valley and we don't foresee contaminated water reaching these drinking water wells. Water suppliers are required to test the water regularly. Wong Assuming the remediation proposed is in place, how long before the wells over a mile away could be contaminated. Baylor Have not worked out a calculation, but we do not foresee it at this point. Wong Are we talking about a year, or a month or decades? Baylor Decades to perhaps centuries. There are numerous other possible contamination sources, that is why the burden is on the water supplier under the Safe Drinking Water Act. Wong I want to make sure we are clear because you held up a book and talked about prognosis, that in a lifetime or a millennium before this is cleaned up to drinking water standards. I do not want anybody thinking we are drinking any of this. Baylor Regulators are in agreement on this. The groundwater contaminated is not a drinking water source. However, it is moving and it will not be cleaned up to drinking water standards. This is not a message I want to give. This is not a drinking water source. The proposal is to implement hydraulic control, that is, a hydraulic barrier at the edge of the site, the landfill, in order to minimize off - site migration. Contaminated groundwater and drinking water are two separate issues. Wong If you contain it, the plan works, and prevents further migration, it will prevent any contamination of drinking water. Baylor That is correct. Starbird For clarification, the intent is to stop further contamination from feeding into those plumes effectively, or do the plumes just stop and stay there or do you remove these. How do you stop them if all you do is stop the flow from the site? smin04.11 11 PRINTED ON RECYCLED PAPER 06/04/97 Baylor The most important thing is source control, implementing hydraulic control at the edge of the landfill portion of the plume, the idea is that, with time, the concentration in the plume will decrease through natural attenuation. If there is no further off -site migration into the plume, then eventually it will be diluted to a point where it is insignificant and nondetectable. Starbird Reviewing the schedule, does a health risk assessment have to be included in the study? Bowerman Yes, it is one of the provisions in the Corrective Action Order. Starbird A building block for the Corrective Measures Study. Bowerman It can be, yes. Starbird Is that contemplated here? Bowerman Yes. Have worked it out in here. Not sure how it would feed into this decision. We want to make sure we have the information we need, but we are also mindful that people want to get the work remedy done quickly. Starbird The factors in the schedule are: your time for review; and the time to complete the building blocks of the Corrective Measures Study. One of the blocks is the health risk assessment that apparently has not begun yet. Bowerman It is important to keep in mind that the most important exposure pathway is the air pathway. Groundwater is not drinking water so there is really no exposure pathway. The primary emphasis for the risk assessment and the most likely exposure pathway would be the air pathway. Starbird The health risk assessment does not have to be completed before a remedy is selected for the groundwater? . Bowerman I do not think it has to be completed. If it is done, we could consider it. Starbird There is a dispute resolution process? It can take a great deal of time, up to a year? Bowerman Under a Consent Order, EPA and BKK essentially negotiated the terms of the order. One of the terms is a dispute resolution process. If BKK disagrees with -something, they can invoke the dispute resolution provision and we have to go through the process. This has been invoked three times. In the latest case involving groundwater issues, it has taken over a year. Starbird Just now ending the characterization phase and just beginning the corrective measure study, it raises in our minds how realistic the 1998 date is for implementation unless BKK is also committed, to make sure it will take a year to resolve disputes. • Bowerman Right, that is why we put on the schedule "proposed," "estimated" and "subject to delay." There are things that could result in more delays. BKK has right to invoke the provision of the Order. Starbird 1998 date is a little more than a year away. Given the 1986, and 1989, dates and the need for additional work and the resolution of disputes that caused delays in the completion of the work, what is to lead anybody here that ten years from now we will be waiting for a corrective measures study? Is there smin04.11 12 PRINTED ON RECYCLED PAPER 05/30/97 t way you can suggest that BKK meet the proposed schedule? Bowerman We will do our best to continue to work with BKK to make deadlines. We will certainly do our best to meet deadlines working with BKK and regulatory agencies. Touhey I am concerned about two things. The LTP permit violation on the use of the treated water, is this similar to the speed you will use in dealing with this plan? Treated water impacts the landscaping on the Class L Is EPA going to make the City whole on the landscaping of the Class I? You and Ms. Baylor will be gone in two years, and we will be here re- educating the next bureaucrat. When will the EPA step up and give the residents a commitment to a date the residents of this community that you are doing your job? Bowerman By presenting this schedule, we are making a commitment to meet this schedule. Regarding the LTP, we are preparing a response to the City on the permit. It is not accurate to say BKK has not submitted a petition to us. They submitted a petition, but it was subsequently withdrawn. Will have a response to you on the LTP, hopefully, by the end of April. Touhey Do you know what year the permit was applied for? Bowerman Permit was issued in 1987. Touhey Have they been complying with use of the LTP? For irrigation? Bowerman LTP is part of the process that enabled BKK to begin some groundwater remediation. Water from LTP is combined with City water and one other source to be used for irrigation. A recent letter to Senator Feinstein from BKK stated it was premature to conclude the salt content or the Boron content is the water from the LTP was the source of the problem with the vegetation. They also pointed out that it was more likely the source of the problem was the irrigation system coverage. Leonard Given the scheduling that we are talking about, it would be possible for EPA and BKK to agree to a shorter schedule, is it not? Bowerman If everybody... yeah.... if we can agree to a shorter schedule, that would be fine. Leonard If you do agree, it can be placed in a consent order so you can enforce it? Bowerman Yes, but it has to be a realistic schedule too. It does not do anybody any good to have an unrealistic schedule that gets violated down the road. Lennard I realize that. A schedule that makes sense, but one that could be shorter than the one on the screen? Bowerman Yes, it is possible. Starbird On the corrective measures, how does economics play into this? If you identify a corrective measure and it is more expensive than BKK is willing to pay, or irrespective of cost, BKK has to implement? Bowerman Cost is one of the nine factors that EPA uses to evaluate a remedy. smin04.11 05/30/97 13 PRINTED ON RECYCLED PAPER Starbird Is there a public review process at this time? Bowerman Yes, all covered in a Statement of Basis. Starbird Is this done after you and BKK agree to something or does the public see what BKK proposes, your evaluation and public comments before you reach a conclusion? Bowerman Once the CMS report is submitted to EPA, it will be placed in the repositories [at the libraries]. BKK submits these reports, makes their recommendations and we do our own evaluation. We can agree or we come up with our own proposals or variations. Wong On the process, if BKK submits a plan, EPA approves, BKK implements and it turns out not to be adequate, what recourses would EPA have? Bowerman The way the investigation has proceeded, it has been an interactive process. The remedy should work the first time. Any fine tuning would be addressed in a Phase II of the remedy selection. We have the authority to require whatever action is necessary to make sure the contamination is contained. Wong With the sense of urgency expressed here and given the ability, why hasn't some remediation plan been approved by now and adjust it later? Bowerman There have been some remediation actions taken already. It needs to be implemented. Also a need for public involvement if remedy is in place before public review, they will believe it is a done deal. Wong The interactive investigative process, is there ever a point where you will say "no more" or is it always open ended? Bowerman It is probably always an open end. There is a possibility that new information will turn up that needs to be evaluated and appropriate action taken. Lennard We suggest the double tracking of work remediation and study. This is something that has been put out for consideration. Public Comments Brown Am concerned about water flowing down hill to properties below BKK and flowing out the backyards. Groundwater is shallow and there is a hydraulic gradient from BKK. ' Bowerman If water is coming up in a backyard, we need to know about it. Brown Since when was Valinda incorporated? He provided a history of Puente Creek and the closed wells along Nelson [Street]. If you do not know why wells were closed, you could meet with Superfund staff. On Barrier 1 - he was informed 20 years ago by an employee that the design was not appropriate for the fractured geology, told barrier would probably fail. Puente Hills Landfill had the same type of barrier fail. When will a new barrier installation be considered of a different design? Water underneath homes is polluted. When will there be a proposal from BKK to extract this water? Baylor We have been in contact with their superfund counterparts in the San Jose smin04.11 14 PRINTED ON RECYCLED PAPER 06/04/97 Creek operable unit that includes Puente Creek. May be appropriate to use superfund money to back track upstream. Barrier 1 - fractured bedrock issue is well taken. BKK's installation of wells downstream of barrier is designed to capture the liquids. Dr. Janes indicated these will be enhanced with additional wells. Contaminated groundwater has moved under the homes, however no one is drinking it, showering in it or using it. The groundwater is completely separated from people. There is no current risk. Arneson In the CH2MHILL report - parts of Amar had groundwater only five feet from surface. The homes could have the same situation. Would you have a problem if you tried to dig a swimming pool? What should the City say in their Prospective Homebuyers' Awareness Package? On the north side where there are expensive homes and past statements by EPA that the area should be expeditiously studied. Now, no further study. The study by Todd, they reported, water could migrate to drinking water if not mitigated. This could happen in a serious drought. Baylor Those were serious concerns that we are concerned about also. The Todd report is correct, but it is a matter of time, perhaps decades. In the North Saddle - what we have discussed today is not inconsistent with what was stated the past. MW 50 between Class I and Class III, there is contamination. However, moving to the North of the ridgeline, the contamination is minimal. MWB 11 was a well installed further north and found no contamination. At the property line referred to earlier, is south of the north ridge, on BKK property. We do not see major off -site migration to the North. As far as a swimming pool goes, that would be a concern where anyone would be digging where there is shallow groundwater. This groundwater would be most shallow along historical Amar Creek. Toward the site, groundwater will be deeper than that. The lowest levels of contamination are down at Amar Road. The risk of anyone digging into a saturated zone will be minimal. Adin Any legislators that may still be present may wonder why we are here. There is a schedule. BKK is working. EPA is here. According to BKK's letter to Senator Feinstein, the problem on the south slope [of Class I] was not the boron or the LTP, but was the system. Anyone who thinks there is no problem, should go and look at it. Ten years of failure of landscaping and nothing is being done. This is why the people are frustrated. In an Independent News article, BKK stated they are trying to close landfill in a healthy and aesthetic manner. Look at south slope and tell me it is aesthetically pleasing. Everyone awaits it to look better. Bowerman Appearance does not present a public health risk. We are giving a priority to the health risk issue. Adin Post Closure plan/permit was pulled because BKK was to maintain landscaping. There is no landscaping to maintain. Current lack of landscaping is a violation of Closure Plan. Starbird Bussey There is a schedule that reflects a 1998 implementation. Is there a commitment to meet the schedule? BKK is very. committed to the schedule. sminO4.11 05/30/97 15 PRINTED ON RECYCLED PAPER It Lennard Can BKK and EPA commit to a shorter schedule? Bussey If we can get with EPA to make the schedule shorter, we will certainly do that. We will make every effort to, but we do want the review process and approval process to go on. We are testing the designs for well installation. Should be in this summer. Commission Comments Santell This was the first time that containment of off -site contaminated groundwater has been raised, instead of clean up. On -site containment has been, but not the off -site contaminated ground water.. Commission assumed clean up off -site contamination. Hedlund Intolerable that clean up is not to be pursued, but containment is. Polich Agree. There should be no contamination off -site. In 1987, BKK was talking about drilling more wells in the landfill to remove the leachate. The LTP was permitted to handle 100,000 gallons per day (gpd). He would like to seethe LTP expanded by 50,000 gpd and extract the leachate. Clean up the site. Kathy Baylor mentioned past practice to put trash on fractured rock. This is not true. The citizens and City were told there was a bowl there by BKK and RWQCB. Test results were published that stated the geology would be about 1 x 10' cm/secs. It has been known the site was fractured since 1981. They need to clean up the site, not just let liquid set there. You did not include gas in your model so you can see how the liquid is moving. Dubina . Agree with others. Are any of events in the schedule being done at the same time, or do they have to follow this sequence? Need to speed up this process. Baylor None of these could be done at the same time. They are looking at combining Interim Remedial Measures with Corrective Measures Study. Dubina Looking at? Bowerman That is what we are recommending. Dubina In other words, if it can be done it will? Bowerman Yes. Dubina BKK testing being done, how have the samples changed over the last year? Baylor We have examined BKK's groundwater chemistry continually. No drastic change. There have been gradual changes. Dubina No, why 7 years? Baylor It is not a matter of a gradual change. It is the geology that is more complex, that has direct impacts on the migration. Characterization has primarily been from the geologic perspective. sminO4.11 05/30/97 16 PRINTED ON RECYCLED PAPER Bowerman Not all of the wells were installed at same time. Dubina On the SE side where the homes, has BKK tested for fumes? Melendez Today we are concentrating on groundwater issues. Dubina Can get fumes from groundwater contamination. 04 Bussey This last December to January, we did a soil gas study, along the SE side and around the whole site perimeter. We found gas in just a few probes at some low levels. We do not think there is a problem. Massarotto Regarding hydraulic containment, I heard BKK would be responsible for 30 years. After that, who will be responsible? Bowerman Regulations would require BKK to be responsible. Massarotto Landscaping on the Class I, according to Mr. Winans, the concern is about the roots breaking the cap. Trees would not be allowed to be planted on Class I. Is that still the case? Bowerman The purpose of capping is to prevent infiltration and provide containment for landfill gases. It is important that the cap be maintained. Placing trees on landfill means you run the risk of penetrating the cap. Massarotto Clay will crack when dry and not crack when moist. Landscaping can help to keep the clay moist. Plant some trees a few across and control the depth of the roots and try getting a decent landscaping. Give it a shot. Bowerman Closure Plan does provide for vegetation on the cap. If there are some who are interested in other landscaping, that's a matter to bring to DTSC. Gastelum BKK agreed with City to submit a plan for trees and shrubs on the Class I. The plan has been submitted. The City has commented. We will submit to EPA and try to convince them it is worthwhile. Connolly Appreciate frustration of Council. Melendez After 14 years, there should be a sense of urgency, clean up should start now. ADJOURNMENT OF THE WASTE MANAGEMENT AND ENVIRONMENTAL QUALITY COMMISSION Santell Motion by Hedlund, second by Santell to adjourn at 5:40 p.m. Motion passed 5-0. Starbird There are two parties to see that the Corrective Measures Study (CMS) is developed and implemented. 1. Are they committed to pulling plans together? This means BKK committing resources. 2. We request that the USEPA and BKK submit quarterly written reports. • Bowerman We will continue as we have for the last 12+ years to make sure it gets cleaned up as quickly as possible. We have been reporting to ISC and community on a regular basis and will continue to do so. Touhey Howard Need to step up our efforts with our legislators and the head of EPA. Did EPA and BKK commit to quarterly reports? sminO4.11 05/30/97 17 PRINTED ON RECYCLED PAPER • Starbird Mr. Gastelum nodded his head - yes. Bussey We will make monthly report available to legislators. Bowerman Yes Howard First quarterly report from EPA and BKK to include how the schedule can be compressed. At least a timeline. ADJOURNMENT OF THE CITY COUNCIL Motion by Howard, second by Touhey, to adjourn at 5:47 PM. Motion passed 4-0 ATTEST: City Clerk Janet Berry M4-or Ne1jamin S. Wong sminO4.11 06/04/97 18 PRINTED ON RECYCLED PAPER