Ordinance - 1721ORDINANCE NO. 1721
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, EXTENDING A MORATORIUM
ON THE APPROVAL OF PERMITS FOR CERTAIN RESIDENTIAL -
TYPE USES ON SPECIFIED PROPERTIES WITHIN 2,000
FEET OF THE ORIGINAL CLASS I AND CLASS II DISPOSAL
AREA AT THE BKK LANDFILL4
WHEREAS,..on October 28, 1985, the City of West Covina notified
the California Department of Health Services, and others
as required by law, of the City's'intent to prepare an
environmental impact report for a residential project proposed
to be located to the north of and in proximity to the BKK
Landfill. Said notice requested comments from this and
other agencies specifically on the potential health impacts
on said residential project; and
WHEREAS, the City received on February 11, 1986, a letter
dated February 6, 1986, from the California Department
of Health Services in which it states "we believe it is
advisable to delay residential development in close proximity
to the landfill"; and
WHEREAS, this is the first such -recommendation received .
by the City from the California, Department of Health Services
on this subject; and
WHEREAS, in -June 1983, the United States Environmental
Protection Agency and -the California Department of Health
Services determined that violations to the regulations
of the Resource Conservation and Recovery Act existed at
the BKK Landfill; and
WHEREAS,
A in July of 1989, nineteen (19) families residing
in proximity to the BKK Landfill were evacuated from their
homes because potentially dangerous.levels of methane gas
was discovered off -site of the Landfill; and
WHEREAS, said evacuation resulted in the City filing legal
action in Superior Court known as People ex rel. City of
West Covina v. BKK Corporation, et al. L.A.S.C. No. C 507317;
• and
WHEREAS, subsequent to that filing, and at least in part
due to site assessment and mitigation activities required
by the BKK Corporation pursuant to the Stipulated Preliminary
Injunction ("SPI") issued in said case, the California
Department of Health Services, the California Regional
Water Quality Control Board, and the United States Environmental
Protection Agency ("EPA") have identified off -site groundwater
contamination to the east and south of the BKK Landfill;
and
WHEREAS, said identified off -site groundwater contamination
locations are known as the Miranda Seep, the MW 29/P-4
area and EPA piezometer EP 11; and
WHEREAS, the California Department'of Health Services,
the California Regional Water Quality Control Board, and
the EPA have similarly identified on -site groundwater contamination
--in locations in close proximity to the property line of
the BKK Landfill to the north, east and south; and
WHEREAS, the California Department of Health Services has
indicated that a comprehensive health assessment is being
conducted over the next several years to determine if there
is any endangerment to the public health or the environment
• from the BKK Landfill; and
WHEREAS, on March 11, 1986, the EPA issued orders to BKK
under Sections 3013 and 7003 of the Resource Conservation
and Recovery Act, as amended; and
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WHEREAS, said 3013 Order, a copy of which is on file with
the City Clerk's office, and all of its provisions including
e
its findings of facts and conclusions of law are incorporated
herein by reference as though set forth fully; and
•
WHEREAS, based upon the findings of fact and conclusions
of law in said 3013 Order, EPA has determined that "available
data indicates that hazardous wastes are present at the
BKK Facility and have been released into the air, sail,
and groundwater within and adjacent to the BKK Facility.
Past releases have resulted in direct human exposure to
high levels of toxic chemicals and violations of health -based
state regulatory requirements.. As.existing controls have
not eliminated the presence of these wastes or prevented
their release, a substantial hazard to human health may
be presented"; and
WHEREAS, said 7003 Order, a copy of which is on file with
the City Clerk's offices and all of its provisions including
its findings of fact and conclusions of law are incorporated
herein by reference as though set forth fully; and
WHEREAS, based upon the findings of fact and conclusions
of, law in said 7003 Order, EPA has determined that "the
handling and disposal of hazardous waste at the BKK Facility
may present an imminent and substantial endangerment to
human health. The risk arises from the presence and potential
release of significant concentrations of hazardous waste
and hazardous constituents into the ground water underneath
the BKK Facility and the adjacent residential areas, and
• the resultant possibility that contamination may migrate
further into the drinking water aquifer located approximately
2 miles from the BKK Facility, or through surface water
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which may flow into adjacent residential areas, both pathways
A
leading to direct human exposure"; and
• WHEREAS, pursuant to said 3013 and 7003 Orders, EPA has
ordered the BKK Corporation to submit, and to implement
following approval, a complete Site Assessment Workplan,
whose objectives include the determination of the nature
and full extent of contamination of air, soil and water
at the BKK Landfill and contiguous areas, the establishment
of comprehensive on -going monitoring programs to -detect
future release of contaminants from the BKK Landfill, and
the development of sufficient data to determine the extent
to which substances may endanger human health or the environment
at the BKK Landfill and contiguous areas; and
WHEREAS, the California Department of Health Services issued
to the BKK Corporation on March 10, 1986, a "DETERMINATION
OF IMMINENT OR SUBSTANTIAL ENDANGERMENT" pursuant to California
Health and Safety Code Sections 25358.3 and 25355.5(b)(3),
a copy of which is on file with the City Clerk's office
and which Determination, and all of its provisions, are
incorporated herein by reference as though fully set forth
herein; and
WHEREAS said Determination concludes in part that "there
may be an imminent and substantial endangerment to the
public health or welfare or to the environment, because
of releases and threatened releases of hazardous substances
from the BKK Facility to surface and ground water and threatened
• releases of hazardous substances to drinking water aquifers";
and
WHEREAS, vacant property capable or permitted to allow
the construction of residential dwelling units, exists
4
within "close proximity" to the BKK Landfill; and
WHEREAS, said vacant properties are described in Exhibit
• A and shown on a map labeled as Exhibit B, both of which
are attached to this ordinance and by this reference incorporated
herein; and
WHEREAS, as a result of said Orders and Determination and
said letter from the California Department of Health Services
dated February 6, 1986, the City of West Covina, by letter
dated March 26, 1986, requested a determination by the
California Department of Health Services of whether certain
vacant properties near the BKK Landfill should be designated
as "hazardous waste property" or "border zone property"
pursuant to California Health and Safety Code Section 25220
et seq.; and
WHEREAS, should the California Department of Health Services
designate any portion of said vacant properties as "hazardous
. waste property" or "border zone property," those residential -type
uses listed in Health and Safety Code Section 25232(b)(1)
would be prohibited on said property; and
WHEREAS, the City, on -April 14, 1986, adopted Ordinance
No. 1716 as an urgency ordinance, creating a moratorium
on residential -type uses in close proximity to the BKK
Landfill; and
WHEREAS, in adopting said urgency Ordinance, the City had
• not received a response from the Department of Health Services
to its letter dated March 25, 1986, and therefore did not
have any specific definition of the term "close proximity"
as used by said Department in its letter dated February
6, 1986; and
5
WHEREAS, by letter dated May 6, 1986, the City explicitly
requested the Department of Health Services to review said
urgency Ordinance and indicate (1) whether it recommended
• that said moratorium be continued, and (2) if so, what
property should be included; and
WHEREAS, the City received on May 20, 1986, a letter from
the Department of Health Services in response to its letters
dated March 25, and May 6, 1986; and
WHEREAS, said response stated that.the Department recommended,
pursuant to California Health and Safety Code Section 25221.1(b),
that the City extend the moratorium covering an area calculated
by aline extending 2,000 feet "from the boundary of the
original Class I or Class I disposal areas, whichever
is greater"; and
WHEREAS, BY California law, the Department of Health Services
is the technical agency with jurisdiction to determine
whether health threats exist to the citizens of West Covina,
and to protect said citizens' health; and
WHEREAS, by its letter received May 20, 1986, the Department
of Health Services has not recommended that the moratorium
on residential -type uses be extended beyond 2,000 feet
from the "boundary of the -original Class I or Class II
disposal areas, whichever is greater"; and
WHEREAS, should the City receive any recommendation from
is
the Department of Health Services, or any other regulatory
agency with technical expertise and jurisdiction concerning
the health of the citizens of West Covina, that a moratorium
on residential -type uses should be extended beyond the
6
recommendation contained in the letter received May 20,
1986 from the Department of Health Services,.the City possesses
the ability to extend the areal limits of the moratorium
imposed by this ordinance; and
WHEREAS, the City and the BKK Corporation are currently
proceeding with a study of the transition of the BKK Landfill
to other land uses, and it is appropriate to.consider different
zoning and/or general plan designations for properties
adjacent to the Landfill in conjunction with said transition
land -use planning; and
WHEREAS, the City Council finds as follows:
1. The issuance of building permits for the construction
of residential dwelling units on the properties described
in Exhibit A and shown on Exhibit B may soon be requested.
2. The properties described in Exhibit A and shown in
Exhibit B must be verified as being within 2,000 feet of
the existing disposal areas by staff in consultation with
and concurrence from appropriate regulatory agencies, including
the California Department of Health Services. Upon such
verification, new revised Exhibits A and B shall be -prepared
and attached to this ordinance.
3. Development plans for additional residential dwelling
units on the properties described in Exhibit A and shown
on Exhibit B are pending or being planned for submittal
to the City for approval.
• 4. The California Department of Health Services is conducting
a comprehensive site assessment to determine if there is
any endangerment to public health or the environment which
assessment is due for completion "over the next several
years."
fA
5. The California Department;of Health Services will
determine whether properties should be designated as "hazardous
waste property" or "border zone property" pursuant to Health
• and Safety Code Section 25220 et seq. following the completion
of said comprehensive site assessment.
6. That information received as a result of the BKK Corporation's
implementation of the,Site Assessment Workplan ordered
by EPA may, over the next several years, determine the
nature and full extent of contamination of air, soil and
water in areas contiguous to the BKK Landfill and determine
the extent to which substances from the BKK Landfill may
endanger human health or the environment is contiguous
areas.
7. The EPA and the California Department of Health Services
have determined that there may be an imminent and substantial
endangerment to the public health or welfare or the environment,
and therefore the approval of plans or permits by the City
for any residential use of the property described in Exhibit
A may result in a threat to public health or welfare or
the environment, based on the Orders, Determinations and
other specifics set forth herein.
8. The most expeditious means to provide time for the
completion of said studies by the California Department
of Health Services and receipt of data to be provided as
part of the Site Assessment Workplan and pursuant to the
SPI, is.a moratorium on the filing of development plans
and issuance of building permits by the City for any
residential -type uses within 2,000 feet of the existing disposal area.
0
•
•
9. During said moratorium the City will study the information
and data resulting from said California Department of Health
Services studies and the Site Assessment Workplan and SPI,
and based on said information will consider general and/or
specific plan amendments, or new zoning proposals, for
the area in proximity to the BKK Landfill, including those
properties described in Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Notwithstanding,any other provisions of the
West Covina Municipal Code, during such times as this ordinance
is in full force and effect, no development plan of any
sort, including, but not limited to a tentative or vesting
tentative tract map or parcel map shall be accepted for
filing by the City if said development plan includes any
uses described in California Health and Safety Code Section
25232(b)(1) nor shall any building permits be issued for
any uses described in California Health and Safety Code
Section 25232(b)(1), on property within,2,000 feet from
the boundary of the original Class I and Class II disposal
areas at the BKK Landfill, as more specifically described
in Exhibit A and shown on Exhibit B, pending further progress
by the California Department of Health Services in its
comprehensive site assessment to determine if there is
any endangerment to the public health or the environment
related to the BKK Landfill and pending further information
which may be received as a result of activities undertaken
by BKK or other parties as part of the Site Assessment
Workplan ordered by EPA or as part of BKK's compliance
with'the Stipulated Preliminary Injunction issued in People
ex rel. City of West Covina v BKK Corporation, et al,
L.A.S.C.'No. C 507317.
SECTION 2. The properties described in Exhibit A and shown
in Exhibit B 4re subject to verification. The City shall
consult with the regulatory agencies, including the California
• Department of Health Services to as accurately as possible
determine the limits of the original Class I and Class
II disposal areas. Subsequent steps shall be taken by
the City to accurately relate these disposal areas to the
BKK.Landfill property line and the abutting properties.
The City shall establish the 2,000 foot limit line from
the disposal areas and gain cucurrence from the appropriate
regulating agencies, including.the California Department
of Health Services.
In the event these measurements differ from those contained
in Exhibit B and include properties different from those
described in Exhibit A, the results of the above described
verification process shall supersede the existing Exhibits
"A" and "B" and new, revised Exhibits "A" and "B" shall
be prepared and attached to this ordinance.
If a field survey is required to complete the verification,
said field survey shall be completed by the City and funded
by the abutting property owner(s). Said survey shall meet
all the requirements of the City Engineer of the City of
West Covina and be acceptable to the City Engineer.
SECTION 3. This ordinance.l._s:adopted as an urgency measure
to protect the public safety, health and welfare and shall
take effect upon its adoption and shall continue in effect
for a period of no longer than forty-five (45) days; provided,
• however, that after notice pursuant to Section 65090 of
the California Government Code and.a public hearing, the
City Council may extend the effectiveness of this ordinance
for a period of ten months, fifteen days and thereafter
I
10
for an additional period of one year. A statement of facts
constituting the basis of such urgency is as above set
forth in the recital of this ordinance, and is incorporated
herein, citing a current and immediate threat to the public
is health, safety or welfare and that review and/or approval
of said -development plans or issuance of said building
permits would result in a threat to public health, safety
T or welfare. The legal authority of the enactment of this
ordinance is Section 65858 of the California Government
Code and other applicable statutes.
SECTION 3. The City Clerk shall certify to the passage
and adoption of this ordinance and cause the same to be
published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 9th day of June
1986.
J
Mayor
ATTEST:
City Clerk
•
I, Helene M. Mooney, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1721
was regularly introduced and placed upon its first reading
iat a regular meeting of the City Council on the 27th
day of May , 1986. That, thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the
City Council on the 9th day . of June 1986,
by the following vote, to wit:
AYES: Tennant, Bacon, Manners, Chappell, Shearer
NOES: None
ABSENT: None
APPROVED AS TO FORM:
.CL,�2c:)
0 City ttorney
•
7s
ityy Clerk
12
EXHIBIT "A"
The following described properties are subject to the provisions
of this Ordinance:
6.* Property described as Tract No. 32323 and Lots 20,
21, 22, 23, 24, 25, 26, 27, 28, 29, 30 of Tract No.
42169.
8.* Property described as Lot 36 of Tract 31147.
* Number corresponds to number assigned to listed property
on Exhibit B.
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C E R T I F I C A T I O N
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. 7. was published, pursuant to law, in the San
Gabriel Valley- Tribune, a newspaper of general circulation published
and circulated in the City of West Covina.
1 Janet Ber y, Deputy City Clerk
City of West Covina, California
DATED: �'