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.
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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
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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.
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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.
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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
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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
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[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,
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[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.
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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
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[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.
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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
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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?
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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
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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.
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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
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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.
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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.
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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?
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•
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
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