HomeMy WebLinkAboutAgenda Statement 1986/09/23 Item 15 COUNCIL AGENDA STATEMENT
Item 15
Meeting Date 9-23-86
ITEM TITLE Resolution /27 • - Appropriating $55,000 to Pay for Contractual
Services for Transporting of Contaminated Soil and Waiving the
Formal Bidding Process
SUBMITTED BY Deputy City Manager
REVIEWED BY City Manager f 4/5 Vote: Yes X No
In February 1 986, staff informed the City Council of a leak in the underground
fuel storage tank at Fire Station #4. In subsequent memos, staff outlined the
procedures that would be used to mitigate the fuel leak including consultant
services, laboratory work and general compliance with the State of California
Underground Storage Tank Regulations.
RECOMMENDATION That the City Council adopt a resolution:
a) Appropriating $55,000 to cover the cost to remove and dispose of 200 cubic
yards of contaminated soil ; and
b) Waive the formal hid process as permitted under Municipal Code Section
2.56.1 70; and
c) Supporting AB 853 and forward a mailgram to the Governor to that effect.
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
DISCUSSION
Because the underground fuel storage tank at Fire Station #4 was losing fuel , the
tank was tested, and found to he leaking. State regulations, adopted in August
1 985, governing underground storage tanks require that if an "unauthorized
release" occurs, the City must immediately notify the County Health Department,
Hazardous Materials Management Unit (HMMU) regarding the incident and submit an
action plan for resolution of the problem including:
The taking of soil and water samples and analysis to determine
the amount of contamination.
Proposed method for excavation, replacement and final testing of
contaminated soil .
• Proposed method for storage, transportation and/or disposal of
the contaminated soil .
Recommended mitigation measures regarding removal , repair, and/or
•
replacement of the existing fuel tank.
Page 2 , Item 15
Meeting Date 9-23-86
Upon acceptance of the City's action plan by the HMMU, the fuel tank was removed
and soil /water tests were conducted to determine the extent of contamination.
Council was informed of this work and that sufficient funds existed to pay for the
preliminary costs of consul tant services, lab work and tank removal . Council was
al so informed that if the soils contamination was widespread, requiring removal of
significant amounts of soil , staff would request additional funds to cover
anticipated costs.
The final soils tests indicate that approximately 80% of the area behind Fire
Station #4 is contaminated. Based on estimates provided by the City's consultant,
Applied Hydrogeologic Consultants, this equates to removal of approximately 2.00
cubic yards of dirt at an estimated cost of $275 per cubic yard, or $55,000 (i.e. ,
this includes disposal costs and hauling charges for transportation to a licensed
facility in the Imperial Valley. City staff and equipment will handle the
excavation). Hauling costs are estimated at $80 per cubic yard with disposal fees
of $1 75 per cubic yard. Removal , disposal and replacement of the contaminated
soil is required by the State's underground storage tank regulations.
Analysis of Options and Costs
In reviewing the al ternatives for removal of the contaminated soil , staff
investigated a number of options including:
Hiring a consultant to perform a "turn key" operation regarding
the fuel storage tank leak, including project management, soils
testing, soils removal and final report to the HMMU.
Conducting the work in-house, including project management,
excavation and transportation of soil , contracting of soils
testing and final report to the HMMU;
Staff believes the most cost effective option is to proceed by a combined effort,
with the city responsible for soil excavation and contracting for transport and
disposal of the contaminated soil . A consultant was hired to provide expertise in
the area of soils testing and analysis and will prepare the final report to the
HMMU.
Al though the cost for soils transportation and disposal is substantial , staff is
comfortable that, based upon an informal bid process, the projected cost reflects
the current market. The following contractors licensed to provide this type of
service were contacted for informal bids:
Page 3 , Item 15
Meeting Date 9-23-86
. American Processing $330/cubic yard
($1 55 haul i ng-$1 75 disposal )
. Appropriate Technologies II $300/cubic yard
($1 25 haul i ng-$1 75 disposal )
. Burns and Son's Trucking $275/cubic yard
($80 haul i ng-$1 75 disposal )
Staff also contacted other entities that have been subjected to the underground
storage tank regulations (i.e. , National City and SDG&E) as well as
representatives from the HMMU and was informed that the proposed charges were
comparable to charges they encountered in their respective projects and/or
investigations related to underground storage tanks.
Because of the limited on site space to stockpile excavated dirt and based upon
State requirements that excavated soil must be stockpiled and covered on site or
at a licensed transfer facility, some of the contaminated soil already removed is
currently being stockpiled offsite at Appropriate Technologies II. The City is
charged $15 per day per container and currently has six containers at Appropriate
Technologies II. Total storage cost as of the writing of this report is $450.
Whenever possible in completing the project, staff will avoid the storage step and
load directly to the transporter, but because of limited accessibility to the site
by excavation and transporting equipment, the interim storage/transfer step may be
still be required.
In order to proceed with the soils excavation in a timely manner and limit the
amount of storage time at Appropriate Technologies II, it is recommended that
Council waive the formal bid process for transportation and disposal of the
contaminated soil . Municipal Code Section 2_.56.170 authorizes the City Council to
waive the formal bid process and use informal bids "when the City Council
determines that due to special circumstances, it is in the City's best interest
to. . .enter into a contract without compliance with the bidding procedure. "
Change in Definition
One option that City staff and the City' s consultant are investigating is the
change in the definition of the contaminated soil at Fire Station #4 from
"hazardous waste" to "designated waste". Staff, through its consul tant, has begun
application to the California Department of Health Services for the change in
definition. According to the California Department of Health Services staff, the
City would still be required to excavate the soil , but it would be authorized to
relocate it in a "non-beneficial use area" (i .e. , defined as an area where the
soil would not impact the ground water table) within the City of Chula Vista. If
staff is successful in its request for a change in definition, the City would
avoid the disposal costs associated with the contaminated soil (i .e. , a savings of
approximately $35,000).
After months of negotiations and meetings with local County Health staff, City
staff was only informed of this option on September 18, 1986. Consequently, the
mitigation work at Fire Station #4 is on hold pending a final decision from the
California Department of Health Services. Staff intends to pursue this option
prior to expenditure of requested funds for transportation and disposal of the
contaminated soil .
Page 4 , Item 15
Meeting Date 9-23-86
Preventative Measures
In order to prevent this situation from occurring in other City-owned underground
fuel storage tanks, staff has begun an interim monitoring program to insure that
potential leaks are discovered in the early stages to prevent widespread
contamination. In addition, the main fuel storage tanks at the Corporation Yard
have been tested and approved as being in compliance with State Underground
Storage Tank regulations. This program is being supervised by Public Works
Operations in cooperation with Fire Prevention and is considered an interim
measure as staff is currently developing recommendations, for submittal to
Council , for long term testing, replacement and/or removal of City storage tanks.
It is anticipated that this program will recommend that many of the older,
underground fuel tanks, which are not located in the Corporation yard and are
considered high risk with regard to leakage be removed. Although this will not
guarantee that a situation similar to Fire Station #4 will not reoccur, these
actions will significantly reduce the chance for reoccurrence. However, Council
should be aware that if one of the remaining tanks is found to be leaking when
scheduled for repair or removal , the City must comply with the same regulations.
The report on this program will be forwarded to Council within the next 60 days.
State Reimbursement for City Expenses
Staff is al so investigating potential reimbursement through the State for those
expenses incurred as a result of this operation. Assembly Bill 853, currently on
the Governor' s desk for signature, would require the State Water Resources Control
Board or the California Regional Water Qual ity Control Board to perform any
clean-up, abatement and action necessary to remedy the effects of a release of a
hazardous substance from an underground storage tank. It is unclear whether this
legislation will reimburse the City expenditures related to Station #4, however,
it would provide assistance with mitigation of other unauthorized releases. It is
recommended that Council authorize staff to prepare a mail gram to the Governor
urging his signature of this bill .
FISCAL IMPACT
Appropriate $55,000 from the unappropriated balance of the General Fund.
all 3gol f/c
y the City Co,un';ii of
Chula Vista, California
Dated './.
f
June 13, 1986
c
TO: David Malcolm, Councilmember
John Goss, City Manager
Tom Harron, City Attorney
C
FROM: Sid Morris, Assistant to the City Manager DWI
SUBJECT: Legislative Analysis
1 . AB 853 (Sher) - Legislative Activity Relating to Cleanup of Leaking
Underground Storage Tanks
Background
Existing law authorizes a local agency to request the State Department of
Health Services or a Regional Water Quality Control Board to remedy the
effects of, and remove, any hazardous substance released from an
underground storage tank.
This bill would instead require the State Water Resources Control Board or
C a California Regional Water Quality Control Board to perform, any cleanup
or abatement action necessary to remedy the effects of a release of
hazardous substances from an underground storage tank. Furthermore, it
would authorize local agencies, including water districts, to adopt an
ordinance, or enter into an agreement with the board, consistent with the
Board's Regulations and Procedures to perform cleanup or abatement actions
to remedy the effects of these releases. A local agency which adopts such
an ordinance or enters into such an agreement would be authorized to
establish fees to cover its costs of the cleanup or abatement action.
Status
AB 853 is a two-year bill . It has been placed on the inactive file in the
Senate because of the threat of a veto. However, Assemblyman Sher has
indicated a willingness to move his bill along in order to resolve these
issues.
League Position
The League of California Cities recommends support of AB 853.
Recommendation
That the City Council authorize staff to prepare a letter for the Mayor' s
signature supporting AB 853 and that copies of this letter be sent to
local legislatures and members of the Budget Compliance Committee
(Senators Alquist, Seymour, and Robbins; Assembly members Vasconcellon,
Baker, and Maxine Waters) .
AMENDED IN ASSEMBLY JUNE 25, 1985
AMENDED IN ASSEMBLY MAY 7, 1985 . .
CALIFORNIA LEGISLATURE-1985-86 REGULAR SESSION
ASSEMBLY BILL No. 853
Introduced by Assembly Member Sher.
February 21, 1985
An act to add Section 25297.5 to amend Sections 25281 and
25297 of the Health and Safety Code, relating to hazardous
substances; and making aft apprepriatien therefor. .:
LEGISLATIVE COUNSELS DIGEST s'. .
AB 853, as amended, Sher. Underground storage tanks:
hazardous substance releases. -
Existing law authorizes a local agency to request the State
Department of Health Services or a regional water quality
control board to remedy the effects of, and remove, any
hazardous substance released from an underground storage
tank. Existing law also authorizes the State Director of Health
Services to expend the funds in the fitizardeus Substance
Aeee ("California Superfund"), appropriation by
the Legislature, among ether things, to pay a local agency's
nests aft retrieval and remedial action, open the
appreval.
,'' The bill would instead require the State Water Resources
Control Board to adept regulations fer the conduct of
remedial and retrieval actions to releases of hazardous
substances from aft underground storage tank and would
require a regional beard to order the operator of such a tank
to take all necessary remedial and r-erneyal actions or a
California regional water quality control board to perform, or
cause to be performed, any cleanup or abatement action
necessary to remedy the effects of a release of hazardous
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