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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 2 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 3 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. e • .. _ _ 1 1 A :_. :.t-0.� 0• ..' 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'L;r� _ ' ..•`�� _.. � _ 2; �' .},�J •mi l.- � 3K%7 ��. :,:,�,..: �,,, K,.•,.r , B.K.K. LANDFILL 2000 RADIUS MAP AV ..�'lr - /• — fall •-�'�•/t, rr+ 'T'1 ,".'a', ' ��� / _,=i: �:1, �l ram. -i =�G 'Sj' l j a� •\ !� '.,. /r' ; 1..\i. - 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: �'