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HomeMy WebLinkAboutcc min 1983/09/29 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, September 29, 1983 Council Chamber 4:00 p.m. Public Service Building ROLL CALL Councilmembers present: Mayor Cox, Councilmembers Scott, Malcolm, Moore, McCandliss Councilmembers absent: None Staff present: City Manager Goss, City Attorney Harron, Assistant City Manager Asmus UNANIMOUS CONSENT ITEM RESOLUTION AUTHORIZING THE PAYMENT OF DEFENSE FEES FOR COUNCILMAN FRANK A. SCOTT AND APPROPRIATING MONIES THEREFOR Mayor Cox stated the resolution authorizing pa3anent of defense fees for Councilman Scott will be continued to the meeting of October 11, 1983. PARKING PROBLEM Mr. Ray Yoder representing the Parking Place Commission expressed the concerns of the members regarding the potential parking problem which may occur with Artists theatre nex T ursday, Since the the opening of the United t h October 6. parking garage will not be completed until November or December, parking will be a problem. MSC (Cox/McCandliss) to refer this item to staff for recommendations to alleviate the potential parking problem. (Councilman Scott was not present at this time. HAZARDOUS WASTE CONFERENCE 1. INTRODUCTORY REMARKS (City Staff) Mayor Cox stated the purpose of the Conference is to provide information to the City Council concerning the various hazardous waste facilities in Chula Vista, particularly in the Otay Valley Road area adding unless there is time at the end of the presentation, it is not his intent to entertain public comment but would encourage the participants to write questions down and refer them to the appropriate participants at the end of the session. Mayor Cox announced the initiation of a Task Force consisting of nine members to be appointed by the Mayor and Council for one year. The Committee shall meet at its own discretion to: (1) verify that adequate monitoring is being performed; (2) review monitoring results and (3) disseminate information Council Conference _ 2 September 29, 1983 concerning hazardous waste matters to the City Council and interested citizens. The scope of responsibility of the Committee includes: (1} obtain and review any and all monitoring results, reports and investigations relative to hazardous waste treated, stored or handled at the Otay landfill Class I site, Omar Class I site, BKK Transfer station, illegal dump sites and SDG&E South Bay power plant; (2) obtain any reports made relative to hazardous waste which occurs in the Chula Vista area and could potentially impact the Chula Vista environment; (3) establish liaison with various regulatory agencies and operations to insure prompt receipt of monitoring results, reports and investigations; (4) disseminate information gathered to the City Council and interested citizens; (5) evaluate effectiveness of existing monitoring and reporting systems; (6) prepare a report on status of hazardous waste in the community; (7) prepare special reports (as appropriate) concerning spills, illegal dumping, escape of leachate from closed Class I sites or other hazardous waste activities presenting a potential hazard to the community. This committee will be constituted within the next two to three weeks and ratified by the City Council. The focus of this committee is not only to contact regulatory agencies but to receive input from the community. 2. INTRODUCTION OF PARTICIPANTS City Engineer Lippitt indicated the purpose of this Conference is to get the actual people representing the different regulatory agencies to present their position in monitoring and regulating hazardous waste sites. Senior Civil Engineer William E. Harshman discussed the written report submitted by staff: 1C SPECIFIC SITES/FACILITIES (Otay, Omar, BKK) The August 1984 staff report covered the Otay Class I site which operated during a period of approximately 20 years (1960-1980) and includes a list of hazardous waste which were deposited in that dump during that period. In 1978 ll of hazardous liquid waste. The basic it received about 1-1/2 million ga ons facility was earthen pits in an area of high clay content judged to be of very high quality as far as retention of the wastes impounded. The ground water pollution is monitored on a quarterly basis through a series of system sampling wells and currently is no longer operational. The ponds were filled with debris, acting as a sponge and were subsequently covered with soil. Formal closure is still in process. The Omar Class I site operated from 1959-78. Materials deposited in that facility totalled approximately one million gallons a year. The facility consisted of earthen pits in a high clay content area. Original ponds were drained and residue from those ponds was transferred to a new containment on the same site and then covered with earth. Operation of the facility has been terminated and the site was formally closed in 1982. Council Conference _ 3 September 29, 1983 The BKK Transfer Station, a newly constructed facility commenced operation in January 1983 and primarily handles acids and caustics. The general purpose of the operation is to neutralize and dewater those acids and caustics. --, Concentrated residue from the process is trans~;rted to West Covina to a Class I disposal area. It is monitored on a dai self-monitoring basis by BKK personnel. The neutralized liquid material is transported to the San Diego Metropolitan Sewer system. Some further monitoring is conducted by the industrial waste section of the City of San Diego. Mr. Harshman then introduced the guest panel and regulatory agencies who gave a brief description of each agency's control in the overall regulatory process. 2. INTRODUCTION OF PARTICIPANTS u of hazardous waste in the State of California. B. David Marx of the County Department of Health Services stated the County Department of Health Services through a Memorandum of Understanding with the State has the authority to enforce hazardous waste regulations in San Diego County. C. Dave Barker of the Regional Water Quality Control Board stated his aagency has the authority to implement regulations adopted persuant to the California Water Code regarding the effects of hazardous waste on ground and surface water quality. D. Mike Lake of the Air Pollution Control District stated his agency has the authority to implement and enforce the national air standards in San Diego County. E. Sharon Reid of County Public Works Department and Jim McAuley from BKK Corporation noted they were present and would speak at a later time in the meeting. 3. DISCUSSION OF HAZARDOUS WASTE MANAGEMENT A. COUNTY HEALTH David Marx of the County Department of Health explained the typical types of waste problems associated with heavy manufacturing industry states along the eastern seaboard. In San Diego, there has been a series of incidents involving public exposure to hazardous wastes which were illegally disposed of and which in turn created a sensitivity and awareness throughout the County. The County Board of Supervisors directed the Department of Health Services to look into the problem of hazardous waste disposal in San Diego and directed the Department to come up with a plan for minimizing the potential public health impact of exposure to hazardous waste to the citizens of San Diego Council Conference _ 4 September 29, 1983 County. The Health Services Advisory Board established subcommittees representing members of the community as well as members of industry, law enforcement and fire fighting agencies to assist the Health Department in the development of this program. The County embarked a phone survey of potential hazardous waste generators. The State of California, Department of Health Services established a list of the types of businesses who typically generate a hazardous waste. It was determined in phone surveys that approximately 48% of businesses generating hazardous waste did not have the awareness or sensitivity that these wastes were actually hazardous. The Department determined that part of the problem was educational: industries in San Diego needed to be made aware that their wastes were hazardous and needed to be i questionnaire/application to individual businesses that fell within these industrial groups, to assist them in determining whether or not they were actually generating hazardous waste. A number of permit applications have been received and these specific establishments are being inspected and are receiving a consultation visit to assist them in assuring that any hazardous waste being generated is manifested and disposed of appropriately. The department has been successful in working with a variety of different agencies to remove as much duplication of regulatory effort as possible. Training of personnel has gone along well particularly with the assistance of the State of California and the Directors of Environmental Health who have taken an active part in providing this training. Other activities involve complaints regarding illegal disposal of hazardous waste, illegal storage of hazardous waste, persons potentially exposed to hazardous materials, filling with hazardous materials, illegal drum storage sites, illegal use of businesses where hazardous wastes are stored, problems in schools and other public buildings where people are potentially exposed to hazardous materials and food that has been contaminated with hazardous materials. Another area is the emergency response phases of the program. The County Dept. of Health Services has been working through the Unified Disaster Council and has solicited the assistance of a variety of different agencies ranging from Public Works to Office of Disaster Preparedness, Sheriff Departments, Fire Chief Associations, Department of Agriculture, Air Pollution Control Districts, Water Quality Control Boards, Coast Guard, California Fish and Game and Caltrans to develop a comprehensive Countywide Emergency Response Incident Plan for responding to hazardous waste emergencies here in San Diego County. The next step will be a presentation to the City Manager's Association, Unified Disaster Council, Board of Supervisors, and the City Councils for approval. The County Health Department is also involved in community health assessments. Whenever there is an exposure to hazardous materials by members of the public in this County an epidemiological survey of the area is done. The Health Department compiles records of these exposures and has a list of the potential victims of these incidences. It acts as a liaison between people exposed to these materials and the variety of State agencies which Council Conference - 5 - September 29, 1983 provide assistance including that through the Hazardous Materials Victims Compensation's Act. If a site is an actual abandoned waste disposal site shown on the State superfund list, the State Health Department becomes the liaison agency in those matters and the County department provides the State assistance in enforcement activities, sampling, monitoring and health assessment at those sites. 3B. STATE HEALTH The State currently operates a program under the Resource Conservation and Recovery Act which essentially vests the U.S. Environmental Protection Agency with the fundamental authority for regulating hazardous waste on a national scale. Authority for the states to operate their individual programs is normally granted in phases. The State is currently in Phase 2A of their authorization which essentially provides they can develop regulations for haulers, generators, and disposal sites and can list and identify hazardous waste and grant permits for the treatment and storage of hazardous waste. The final authorization must be obtained by 1984 or the program reverts back to EPA. The State controls the development of regulations applying to haulers, generators, treatment storage and disposal sites and the surveillance and enforcements associated with those activities. A portion of that responsibility has been delegated to the various counties. The State has retained the exclusive authority to grant permits to treatment and storage facilities and for the development of regulations for surveillance and enforcement at those facilities that currently operate under State permits and the registration of hazardous waste haulers. On the State level - locals are affected by a set of adjunct activities that are embodied by SB 618 commonly known as the State Superfund legislation. A portion of what is provided in that legislation is the preplacement of the emergency response vehicles in local communities, site clean-up, abandoned site clean-up and health effect studies. The State Health Agency permitted the first hazardous waste storage and treatment facility in the State of California right here in Otay (BKK Appropriate Technologies II facility). Prior to the issuance of that permit every effort was made to facilitate comments from governmental agencies and local agencies as well as private citizens. A public hearing was held prior to the issuance of that permit. With respect to the operation of that facility the State has the authority to assure that the facility operates not only in accordance with an approved operations plan but also in a manner that will assure that there are no adverse environmental effects due to the operation of that facility. 3C. CITY STAFF Battalion Chief Sam Lopez and Battalion Chief Richard Harrold detailed the local emergency response situation. Batallion Chief Lopez explained the plan as submitted in regard to regulation and inspection and the Fire and Police Departments' responsibility when an incident occurs. The area of responsibility is initial control of the scene and rescue of any victims (depending on the situation). Private Council Conference _ 6 September 29, 1983 responsibility (on private property) is life safety, then property. If there is a liquid chemical runoff, an attempt will be made to stop the flow of the liquid and contain it to the smallest site possible. If it is a fume or vapor condition, there is no way to control that and evacuation would be necessary. The Fire Department handles on-scene management and the Police Department's operation takes care of auxiliary functions of evacuation, utilizing their facilities (control vehicles, Astrea helicopters, news agencies, etc.). The Fire Department handles the emergency situation -- anything beyond this, the policy is to contact the appropriate agency and get their expertise. When the situation is identified as a hazardous materials problem, County experts are called on the scene to identify the material involved. If an incident occurs on a California freeway, (805 or I-5) the California Highway Patrol becomes the Scene Commander and the Department will just be there to assist them. If the same accident occurs on Otay Lakes Road in the County, it falls under the Sheriff's Department by State law. If it's in an area of the City, it would normally fall under the Police Department's jurisdiction; however, based on an agreement with them, the Fire Department will take control. If it occurs on a private section of property then the Department will be in charge. In response to Mayor Cox's question, Chief Harrold stated the City of Chula Vista's responsibility in the event of a spill would be to contain and secure the area but the actual clean up would come from the County or State. Mr. Marx answered Mayor Cox's question concerning the Emergency Response Plan being in its final stages of completion. The time schedule for when that will be a finished document is unknown at this time, but Mr. Marx stated he would get back to Mayor Cox with the answer. 3D COUNCIL QUESTIONS Councilman Malcolm asked Mrs. Reid of the County Public Works Department what the exact clean up procedures are that the County does. She responded an incident has three distinct phases: (1) The incident itself is a police incident and is handled by agreement with the Fire Department. (2) The identification phase which requires a chemist and (3) the clean-up phase, requiring a licensed hazardous waste clean-up contractor. All agencies within the County of San Diego use private contracts. The County of San Diego uses IT Corporation as a result of competitive bids. Mr. Marx of the County Department of Health Services said it is their intention, once a policy is developed and implemented, to go around to the different companies (BKK for example) and test their responses and ensure people are trained properly to respond. Councilman Moore indicated his dislike for governmental agencies going to an extreme, but when there is an adverse effect on a higher plane, those who make the regulations (State/County) should have some written requirement. For example, within 30-days there would be a "joint drill" to respond to a waste incident as a requirement. There are limitations as to response time and equipment limitation. There should be something on paper as to how to evaluate and critique. Each entity can see the strengths and weaknesses of the other. Councilman Moore questioned why the County and State do not have some requirement such as this in their permit issuing instructions. 7 Council Conference - September 29, 1983 Mr. Magee of thc Scunty Public ~cr~:s Department responded every permit requires a contingency plan together with a list of agencies that have to be notified of unplanned release of any type of hazardous material. Time between the discovery of the upset and notification and time between notification and actual response is the issue of concern. Councilman Moore noted that Fire and Police response are the only control the City has. He added the concept of not issuing a permit for handling hazardous waste until a satisfactory joint "mock drill" is completed could be instituted. In answer to Councilwoman McCandliss' query, Battalion Chief Harrold said there is no prearranged agreement with anyone for sand in case of a liquid spill. The Department has a list of resources which initially starts with the Public Works Department, Caltrans and finally private contractors. Councilwoman McCandliss questioned Mr. Marx as to the numerous complaints on spills or dumps. He responded as to the increased awareness of hazardous material particularly with Brown Field cleanup. They are getting the kinds of complaints which are Countywide. Mr. Marx discussed the following: (A) Montgomery area - They would start with investigation of site. The responsible party and owners of land would be sought to find out what is in drums without opening them. (B) Chula Vista - They would work through City Manager's office and City Council to see if money was available for clean-up. With lO drums, they would do an epidimiological assessment of the neighborhood if it was found to be hazardous material in the drums. (B) Fire on Main Street: Old Apache Joes - This is an inactive dump and everything was moved out some time ago. Because they had activity with Apache Services in the past they knew what was and was not there. As soon as they got the call two people were dispatched to the scene, an assessment was made, and San Diego Fire Dept. units were called to the scene. It was determined there were no substantial hazardous materials. The same assessment is done whether or not they know if there are hazardous materials on site. A meterologic and visual onsite assessment is done to determine if evacuation is necessary. Depending on how much materials, what materials were there, potential health threat from those materials and depending on meteriological conditions, they would take whatever appropriate action was necessary to insure the health and safety of citizens of the County of San Diego. Chief Harrold discussed an event whereby there would be toxic chemicals or waste involved in a fire stating life comes first (which includes firefighters too). If the Department cannot get into a position to safely fight the fire, they will hold and wait for response from others to determine whether or not it is safe to do so. Council Conference 8 _ September 29, 1983 If there is a building on fire that has hazardous waste materials involved in it and if they know ahead of time what it is, particular composition of chemicals would dictate the type of fire response they would have. Mr. Hinton was asked by Mayor Cox if there are any mock or disaster drills done in regard to various hazardous waste sites. Mr. Hinton stated he was not aware of any specific incidents but was aware that most of the counties have in place a contingency plan for hazardous waste. Councilman Malcolm questioned Mr. Hinton about the BKK picking up hazardous waste. Mr. Hinton answered any person hauling hazardous wastes in the State of California must be registered. Pursuant to that registration they must have their vehicle inspected by the State of California and Highway Patrol at least once a year. Before they get that registration they must have a certificate of compliance with the California Highway Patrol. Anyone who hauls hazardous waste anywhere in the State of California must have a certified vehicle capable of handling hazardous waste. The site operator is not permitted to accept a shipment of hazardous waste unless it is accompanied by a hazardous waste manifest. Councilman Moore asked about the best way to keep Chula Vista informed of the quarterly or annual tests done by the County and State. This monitoring date or test results should be submitted to the City. In response to the Mayor's query, Mr. Marx explained that the Board of Supervisors, on the recommendation of the County Council, was to implement the hazardous waste surveillance program countywide without specific approval by the various cities in the County. There is a program to inspect any hazardous waste generator site on an annual basis. City Engineer Lippitt stated the next portion of the program is to discuss the closed Class I sites at the Otay Landfill. Sharon Reid with the Department of Public works testified they are the agency charged with the responsibility for providing safe disposal for both hazardous and municipal solid waste. In that capacity, they run the Otay landfill. They are also responsible under the Class I permit to the Regional Water Quality Control Board and have specific requirements that cause them to monitor quarterly. Those monitoring samples taken by the County are sent to a private lab for examination and comment and then filed with the Regional Water Quality Control Board. As to the Omar facility, there were some concerns about air pollution on the closed Class I area. As a result, the Air Pollution Control District was contacted to set up a monitoring over the Class I area. The initial tests have been taken; they will be joined with tests scheduled to begin next week around adjacent areas at the landfill. In order to give some kind of comparison, they will be taking tests at other points in Chula Vista. Mrs. Reid then explained the difference in class designations, clay composition, and "trash." COUNTY OF SAN DIEG DEPARTMENT OF PUBLIC WORKS BUILDING 2 5555 OVERLAND AVENUE R, J. MASSMAN, Director SAN DIEGO, CALIFORNIA 92123 Offices of: TELEPHONE: (619) 565-5177 --'lunty Engineer nty Road Commissioner ~unty Surveyor County Airports E,ood co,t,o, October 28, 1983 Liquid WasTe Mr. John P. Lippitt ~o City Engineer City of Chula Vista ~ 276 Fourth Avenue ~ Chula Vista, CA 92010 ~ Dear John: Thank you for the copy of the September 24, 1983 Hazardous Waste Conference minutes. While the minutes accurately record the majority of the inputs received from various participants, I would like to correct one portion of the comments attributed to me. On page 9, the minutes should be corrected as follows: "Mrs. Reid remarked that the same ~ requirements of testing... "Omar is a privately operated facility. ~ (I do not know who does the monitoring for the privately owned, closed Omar Class I facility.) Thank you for the opportunity to discuss hazardous waste matters with you, your staff and the City Council. Information sharing helps all of us in responding to the concerns of interested citizen . Since~' ly, Nanage~ SOR: k~w Council Conference _ 9 September 29, 1983 Mrs. Reid remarked that the same~s~-{~ of testing apply to Omar as to the Otay landfill sites. Omar is a privately operated facility. ~xz~.}~zf~j~ does the monitoring and performs the testing. It is sent to a lab under contract with the Department with the results going to Regional Water Quality Control. Otay contracts with an independent source for their monitoring. There are six different layers of clay for permeability. Mrs. Reid commented by luck of the geology, the site is underlain by many feet of clay ideal for containment. 5. AIR POLLUTION CONTROL DISTRICT (A.P.C.D.) The District has started some preliminary monitoring at Otay site. The District's responsibility was to set up a control for monitoring all closed a.d active landfills in San Diego Co..ty.to rai. perso..e t and buy equipment. Monday, they will start sampling in residential areas close to and nearby the Otay landfill and will do some ambient sampling on top of the landfill. Two weeks ago they had staff come down from E1 Monte from the California Resources Laboratories and did some sampling in the test methane gas wells at Otay. Mr. Lake of the Air Pollution Control District stated they had required BKK to obtain permits from their district in order to operate the new transfer facility in Otay. The Air Pollution Control District, whenever it evaluates any site makes findings as to whether or not the site is in compliance with all applicable regulations. In the case of the BKK transfer station there are three primary areas that would have to be looked at: 1. The potential for emissions of volatile or organic compounds from the handling of both the acid 1 and caustic wastes. (A so, the handling of any paint sludges or solvent wastes that may be received or stored on site.) 2. Potential for acid droplet or particulate emissions from the transfer of acid or caustic waste or the neutralization process that would occur on site. 3. potential for odors or nuisance complaints associated with the operation of the equipment. At this point in time, they are in the process of evaluating the site and have conducted some preliminary inspections and preliminary testing. They have scheduled for a source test of the acid fumes cover which the site has for controlling acid, droplet emissions and particulate emissions and are reviewing a proposed analytical method that BKK will employ to determine the presence of any organic compounds in neutralized waste which they would be putting through their process equipment to remove water and subsequently to the evaporation pond. They are in the process of having a source test run on the scrubber that is used to control the acid emissions and expect that testing to be completed within two to three weeks. 6. GENERAL QUESTION AND ANSWER SESSION In answer to Councilwoman McCandliss' question, Mr. McAuley explained the decision not to require an environmental impact report on BKK was made by the County of San Diego. All members of the Council reviewed the findings, the study and declaration and those documents were the basis of the County's position. 10 Council Conference - September 29, 1983 Councilman Moore remarked the Red Cross prepares for disaster and emergencies by prearranged agreement so they can obtain hospital, first aid equipment from appropriate sources by showing proper identification. He asked if it would be amenable to have them respond to disaster or emergency or hazardous waste spill within our City. Mr. McAuley answered in the affirmative. In answer to the Council's queries, Mrs. Reid stated the County would participate in a drill; if an incident occurred on BKK landfill, County response plan would be to call on the radio station which is faster than its own fire department/police department, and County people would be on the spill. IT Corporation contract would also be called. Due to the lateness of the hour the Mayor indicated he would not entertain any public questions or comments but asked the participants to make themselves available to public comments. MSUC (Cox/McCandliss) to a) direct staff to consider the implementation of some type of disaster drills as they relate to the handling of hazardous wastes and in developing such a drill that every effort be made not only to involve the public sector but the private sector - the purveyors of industrial waste, to develop some type of a comprehensive program that can be on a regular type basis. b. An assessment of resources available in the event of an industrial type accident or spillage - resources available in the City's sphere of influence and also in the private sector. c. Staff to do a needs assessment of what type of fire safety equipment. The City doesn't have and to give consideration to acquiring this equipment over a period of time to better prepare the City to respond in the event there are any industrial types of spillage, d. Direct staff to make contact with the County and the appropriate State agencies requesting their cooperation and making sure the City gets copies of any type of monitoring, evaluation (not background information b as staff may not be able to evaluate it) ut there should be someone on staff that is a contact for the various State, County and Federal agencies if that is appropriate that can receive copies of evaluations and monitoring that is going on. MSUC (Malcolm/Moore) to send a letter of thanks to BKK for their time and effort shown to the community for opening up their facility and having people stay overtime so the public could be made aware of what happens there. Council Conference -11 - September 29, 1983 7. CITY MANAGER'S REPORT a. MSUC (Malcolm/Cox) to meet for Closed Session for meet and confer and personnel matters. b. Annual Campaign for United Way Chad - City Employees last year contributed $7,500; this year contributed $13,000. City Manager Goss stated the employees should be commended for their participation and the increase. 8. MAYOR'S REPORT (None) 9. COUNCIL COMMENTS a. Councilwoman McCandliss commented on the report regarding the filed hazardous waste disposal facility in the Montgomery area. On page 2 it states: "if Council wishes staff will prepare a letter" She said Council has already directed a letter be prepared and sent. City Manager Goss said it came back in this form to provide response to request for information. The letter will be sent at Council's direction. The Council recessed to a Closed Session at 6:30 p.m. The Deputy City Clerk was excused and the City Manager reported the Closed Session ended at 7:00 p.m. Adjournment at 7:00 p.m. to a workshop scheduled for September 30 (Assessment Center for City Attorney applicants) and to the meeting scheduled for Tuesday, October ll, 1983 at 7:00 p.m. JENNIE M. FULASZ City Clerk, CMC PATRICIA A. GUARDACOSTA Deputy City Clerk WPG:0351C PAG