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HomeMy WebLinkAboutRDA Packet 2003/04/01 TUESDAY, APRIL 1, 2003 4:00 P.M. (immediately following the City Council meeting) "r creerara un"er De _ ~ ~ !,,,m..to"e,' b t' ( nalty' ~f ",erjur-y tfiat I a ~ ~m:l*.un t ,f j'"'c':I 01 ,~f-'J ,I Vista in th m ~....... f1 "G.' n' ,,' .. ,e ...~~ ~ 'll?n ~,Jf _., ,'" l \~0 P'tnHnt and th t, E ..l,c Serv cc~ _, ") ,1 f'-' :~\.~leUn Boa'" . a posted CHOa ~MfA3/2 '40 ~ ~':~r~~~ 'lnd at C;y H~'~o~t the - C~CIL(~Hk'Y18ERE _,a PUBLIC SERVICES BUILDING JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item!s) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form 11 available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES.- February 25, 2003; March 4,2003 2. JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PROPERTY ACQUISITION STIPULATED SETTLEMENT WITH THE RADOS BROTHERS AS OWNERS OF THE VACANT PROPERTY AT THE SOUTHWEST CORNER OF BAY BOULEVARD AND "f" STREET IN THE BAYFRONT REDEVELOPMENT PROJECT AREA AND APPROPRIATING $517,600 FROM THE MERGED PROJECT AREA FUND AS A LOAN REPAYMENT TO THE BAYFRONT/TOWN CENTRE I FUND AND APPROPRIATING THESE FUNDS IN THE BAYFRONT/TOWN CENTRE I FUND FOR THE SETTLEMENT PAYMENT- In December 1999, the City of Chula Vista and its' Redevelopment Agency, the San Diego Unified Port District, and Goodrich entered into an agreement that facilitated the consolidation of the Goodrich manufacturing and administrative office complex to the north of "H" Street allowing their property south of "H" to become available for higher and better use development adjacent to the Chula Vista Marina. The agreement included an obligation of the City/Agency to pursue acquisition and subsequent transfer of the privately owned 3.02 acre vacant property at the southwest corner of Bay Boulevard and Lagoon Drive ("F" Street) to Goodrich for inclusion in their new corporate campus north of "H" Street. The purpose of this item is to request that the City Council and Redevelopment Agency Board authorize the approval of a final property acquisition settlement payment of $517,600 to the Rados Brothers as the current property owner. [Community Development Director] 4/5THS VOTE REQUIRED ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is no~ an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the" Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency, staff, or members of the general public. The items will be considered individually by the Agency and staff recommendation may in certain cases be presented in the alternative. Those who wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. 3. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING: 1) A "POLANCO ACT AGREEMENT" BETWEEN THE AGENCY AND THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD REGARDING A REMEDIAL ACTION PLAN FOR THE "OMAR RENDERING SITE" ON MAIN STREET IN CHULA VISTA; AND 2) A RISK ALLOCATION AGREEMENT BETWEEN THE AGENCY, THE CITY, THE PROPERTY OWNER AND THE DEVELOPER IN CONNECTION WITH SAME - The Polanco Redevelopment Act (HSC Section 33459 et. seq.) provides the Redevelopment Agency unique tools to allow redevelopment of brownfield sites. Brownfield sites, defined as those either perceived or having actual environmental contamination, are among the most challenging to redevelop. Staff recommends use of this authority on the former Omar Rendering site (Land Bank site) so that redevelopment can occur for auto park purposes. [Community Development Director] STAFF RECOMMENDATION: Agency/Council adopt the resolution. OTHER BUSINESS 4. DIRECTOR'S REPORT 5. CHAIR REPORT 6. AGENCY COMMENTS Redevelopment Agency, April 1, 2003 Page 2 ADJOURNMENT The meeting will adjourn to an adjourned meeting of the Redevelopment Agency on April 8, 2003, at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691.5047 or Telecommunications Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, April 1, 2003 Page 3 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONCURRENT WITH THE BOARD OF PORT COMMISSIONERS, SAN DIEGO UNIFIED PORT DISTRICT February 25, 2003 9:00 a.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista, concurrent with the Board of Port Commissioners and San Diego Unified Port District were called to order at 9:12 a.m. at the San Diego Unified Port District, 3165 Pacific Highway, San Diego, California. ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McCann, Salas, and Chair/Mayor Padilla Port Commissioners: Bixler, Davis, Hall, McQuater, Van Deventer, Spane ABSENT: Agency/Councilmembers: Rindone (excused) Port Commissioners: Cushman (excused) ACTION: Motion (Salas/McCann) to excuse Councilmember Rindone's absence (4-0). ALSO PRESENT: Executive Director/City Manager Rowlands, Assistant City Manager Morris, Senior Assistant City Attorney Moore San Diego Unified Port District Officers Hollingsworth, Darbeau, and Corey-Born ORAL COMMUNICATIONS There were none. BUSINESS 1. COUNCIL RESOLUTION NO. 2003-071 AND AGENCY RESOLUTION NO. 1811, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA: (A) APPROVING, SUBJECT TO PORT DISTRICT BOARD APPROVAL, A CONSULTING AGREEMENT WITH CARRIER JOHNSON ARCHITECTS/COOPER, ROBERTSON & PARTNERS, TO PROVIDE URBAN WATERFRONT PLANNING AND DESIGN CONSULTING SERVICES FOR THE CHULA VISTA BA YFRONT MASTER PLAN STUDY IN A FORM TO BE NEGOTIATED BY THE PORT PRESIDENT/CEO AT A COST NOT-TO-EXCEED $850,000, AND (B) APPROVING THE USE OF CITY/PORT MOU MONIES TO FUND THE CONSULTING AGREEMENT WITH 50 PERCENT OF THE TOTAL COST OF THE AGREEMENT TO BE REIMBURSED BY THE PORT OUT OF OTHER PORT FUNDS TO BE IDENTIFIED 1- I BUSINESS (Continued) On December 17, 2002, the San Diego Unified Port District, pursuant to a joint planning agreement between the District and the Agency, issued a Request for Proposals (RFP) to 87 firms for urban waterfront planning and design consulting services for the Chula Vista Bayfront Master Plan study. The RFP emphasized the need for a consultant team comprised of three major disciplines: award winning urban water planning and design; innovative market and financial analysis; and development of an extensive public outreach program. A consultant selection committee, consisting of staff from the City and the Port, was formed. The consultant selection committee selected five of the ten respondent consultants to be interviewed. Ralph Hicks, Director of Land Use Planning, and Assistant City Manager Morris presented a brief background of the Chula Vista Bayfront Master Plan and discussed the consultant selection process. Brief presentations were made by the top three firms, Carrier Johnson/Cooper Robertson & Partners; ROMA Design Group; and Sasaki Associates Inc. Agency/Councilmembers praised the consultant selection committee members for their hard work and noted that the competition was very close. It was also announced that a number of public workshops would be conducted during the master planning design phase, prior to the environmental review process. The following individuals addressed the CounciVBoard with varying viewpoints regarding the Bayfront Master Plan: Laura Hunter, representing the Environmental Health Coalition; Alexandra Hart and Jennifer Badgley, representing mEW Local 569; Lora Nasep, representing A Universal Approach; Bruce Reznik, representing San Diego Baykeeper; Ed Kravitz, representing San Diego Railway Partners; Loraine Bales; Sandy Duncan; Tracy Sundlun; and Nephi Hancock. Several speakers urged officials to encourage public input duringn the planning process. ACTION: Agency/Councilmember Davis offered Council Resolution No. 2003-071 and Agency Resolution No. 1811, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 3-1, with Agency/Councilmember Salas voting no. ADJOURNMENT At 11 :20 a.m., ChairIMayor Padilla adjourned the meeting to the Regular Meetings of the City Council and Redevelopment Agency on March 4, 2003, at 4:00 p.m. ~6-J.J~'~ Susan Bigelow, CMC, City Clerk Page 2 Council/RDAlPort Minutes I - ;).., 02/25/03 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA March 4, 2003 4:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 6:34 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenu<:, Chula Vista, California. . ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR L AGENCY RESOLUTION NO. 1812, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $154,832 FROM THE MERGED PROJECT AREA AS A LOAN REPAYMENT TO THE BAYFRONT/TOWN CENTRE I PROJECT AREA; AND APPROPRIATING THESE FUNDS IN THE BAYFRONT/TOWN CENTRE 1 FUND AND AN ADDITIONAL $118,427 FROM THE MERGED PROJECT AREA FOR THE 2002-2003 STATE EDUCATIONAL REVENUE AUGMENTATION FUND (ERAF) SHIFT OF TAX INCREMENT REVENUES The state's adopted budget for the current fiscal year includes a shift of Redevelopment Agency tax increment funds from local redevelopment agencies statewide to help fund current school revenue shortfalls. A total of $75 million is being shifted from agencies throughout the state. The amount transferred to the state is based on gross tax increment revenues and varies by jurisdiction. The shift from the Chula Vista Redevelopment Agency has been determined by the State Department of Finance to be $273,259. This payment is a one-time transfer of funds; however, additional transfers may be forthcoming depending on the outcome of ongoing state budget discussions for both this year and next. (Community Development Director) Staffrecommendation: Agency adopt the resolution. ACTION: Agency/Councilmember Rindone moved to approve staffs recommendation and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. 1-3 PUBLIC HEARING 2. CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 75 FOR REMOVAL OF ABOVEGROUND FUEL OIL STORAGE TANKS AT THE SOUTH BAY POWER PLANT The project proposal involves the removal of aboveground fuel oil storage tanks at the South Bay Power Plant located at 990 Bay Boulevard, just south of Marina View Park and immediately west of Interstate 5. The project site is located within the BayfTont Redevelopment Project Area ~md the Chula Vista Coastal Zone. Due to the scope and size of the proposed project, it has been determined that the issuance of a Coastal Development Permit is required pursuant to Section VII. E. (707) General Controls and Limitations of Land Uses of the Bayfront's Redevelopment Plan, as well as pursuant to the definition of development found in Section 19.83.002 of the Chula Vista Municipal Code. (Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he then closed the hearing. Agency/Councilmember Rindone requested that waste be transported exclusively by trucking. ACTION: Agency/Councilmember Davis offered Council Resolution No. 2003-097 and Agency Resolution No. 1813, headings read, texts waived, as amended to specify that waste would be transported exclusively by trucking: COUNCIL RESOLUTION NO. 2003-097 AND AGENCY RESOLUTION NO. 1813, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ISSUING COASTAL DEVELOPMENT PERMIT NUMBER 75 FOR REMOVAL OF ABOVEGROUND FUEL OIL STORAGE TANKS AT THE SOUTHBAY POWER PLANT The motion carried 5-0. OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. 4. CHAIR/MA YOR REPORTS There were none. 5. AGENCY/COUNCIL COMMENTS There were none. Page 2 CouncillRDA Minutes 1- <I 03/04/03 ADJOURNMENT At 7:30 p.m., Chair/Mayor Padilla adjourned the meeting to the Regular Meeting of the Redevelopment Agency on March 18,2003, immediately following the City Council Meeting. -~4-U:3<.....' lO ~ Susan Bigelow, CMC, City Clerk Page 3 Council/RDA Minutes /-s- 03/04/03 PAGE I, ITEM NO.: MEETING DATE: ,..2 04/01/03 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PROPERTY ACQUISITION STIPULATED SETTLEMENT WITH THE RADOS BROTHERS AS OWNERS OF THE VACANT PROPERTY AT THE SOUTHWEST CORNER OF BAY BOULEVARD AND "F" STREET IN THE BAYFRONT REDEVELOPMENT PROJECT AREA AND APPROPRIATING $517,600 FROM THE MERGED PROJECT AREA FUND AS A LOAN REPAYMENT TO THE BAYFRONT/TOWN CENTRE I FUND AND APPROPRIATING THESE FUNDS IN THE BAYFRONT/TOWN CENTRE I FUND FOR THE SETTLEMENT PAYMENT SUBMITTED BY: COMMUNITY DEVELOP~ENT DIRECTOR ~ LV\ REVIEWED BY: EXECUTIVE DIRECTORUi ~.</' ( 4/5THS VOTE: YES 0 NO D BACKGROUND In December 1999, fhe Ciiy of Chula Visfa and ifs' Redevelopment Agency (Agency), fhe San Diego Unified Port Disfrici, and Goodrich enfered info a Goodrich Relocafion Agreemenf ("Agreemenf") fhaf facilifafed the consolidafion of the Goodrich manufaciuring and adminisfrafive office complex fo fhe north of "H" Sfreef fhereby allowing fheir property soufh of "H" fo become available for higher and belter use development adjacent to the Chula Visfa Marina. The Agreemenf included an obligation of fhe Ciiy/Agency fo pursue acquisifion and subsequenf fransfer of the privafely owned 3.02 acre vacanf property at fhe soufhwesf corner of Bay Boulevard and Lagoon Drive ("F" Sfreet) fo Goodrich for inclusion in fheir new corporafe campus north of "H" Sfreef. The purpose of fhis ifem is to requesf fhat fhe Ciiy Council and Redevelopmenf Agency Board aufhorize fhe approval of a final property acquisifion seltlemenf paymenf of $517,600 fo fhe Rados Brofhers as fhe currenf property owner. The proposed fotal seltlemenf amounf is within the Council granfed aufhoriiy to seltle fhis malter. RECOMMENDATION If is recommended fhaf fhe Redevelopmenf Agency and Ciiy Council approve fhe resolufion appropriafing $517,600 from fhe Merged Projeci Fund as a loan repaymenf to fhe Bayfront/T own Centre I Fund and appropriating fhese funds in the Bayfronf/T own Centre I Fund c::2 -! PAGE 2, ITEM NO.: .;;-. MEETING DATE: 04/01/03 for fhe purposes of complefing fhe acquisifion of fhe properly af fhe soufhwesf corner of Bay Boulevard and Lagoon Drive ("F" Sfreef). BOARDS/COMMISSIONS RECOMMENDATION Nof applicable. DISCUSSION Pursuanf fo Agency obligafions under the Goodrich Relocafion Agreemenf, subsfanfial efforts were made fo acquire fhe vacanf 3.02 acre properly af fhe soufhwesf corner of Bay Boulevard and Lagoon Drive. Unfortunafely, fhe negofiafions af thaf fime failed, and the Agency proceeded fo acquire fhe properly fhrough the use of eminenf domain pursuanf fo fhe powers and aufhorifies granfed fo if under fhe California Healfh and Safely Code. The Cily/Agency deposifed $972,400 with fhe Superior Court as paymenf for fhe properly based upon an appraisal of ifs' Fair Market Value. Affer fhe Agency's righf fo fake fhe properly was esfablished by fhe Court on appeal by fhe Agency, fhe properly owner, pursuanf fo Sfate Low, drew down fhe deposifed funds and negofiafions to finalize fhe sale of fhe properly commenced again. Appraisals were secured by bofh parties, and affer long and profracted negofiafions, bofh parties agreed fo a settlemenf value. Af fhis firne, wifhin fhe settlemenf aufhorily granfed by Council fo sfaff, if is recommended fhaf fhe Council approve an addifional appropriafion of $517,600 to complefe fhe properly acquisifion as follows: T ofal Settlemenf Arnounf: Less Deposif Amou nf: Remaining Owed: $1,490,000 972 .400 $ 517,600 The proposed Sfipulafed Settlemenf has been agreed fo by bofh parties and possession of the properly granfed af a March 20th hearing in Superior Court. The settlement acknowledges fhaf fhe fofal paymenf amount of $1,490,000 consfifufes full and final settlemenf for acquisifion of fhe properly and exfinguishes all claims for further compensation againsf fhe Cily/Agency including any and 011 claims for attorney's fees, lifigClfion expenses, inferesf, severance damages, loss of business goodwill and re-esfablishmenf or relocafion benefifs ele. The settlemenf also ferminafes and exfinguishes all liens, leaseholds and encumbrances on fhe properly. This requesfed aelion will approve the appropriation and execufion of fhe Sfipulafed Settlemenf for acquisifion of fhe properly but does not aufhorize fhe fransfer fo Goodrich. The fransfer fo Goodrich will be fhe subjeci of discussions beiween Goodrich and Cily sfaff regarding updafed and specific terms and condifions fo effectuate the fransfer. Further discussions are necessary in thaf circumsfances have changed relafive to Goodrich's desired use of fhe properly. Depending on fhe oUleome of fhose discussions, fhe fransfer could be done adminisfrafively if fhe ferms and condifions are consisfenf wifh fhe Relocafion Agreemenf, or could be broughf back fo Council for further direciion if necessary. d-~ PAGE 3, ITEM NO.: MEETING DATE: ::L 04/01/03 Of final nofe, pursuanf fa fhe Relocafion Agreemenf fhe Agency is responsible far ensuring fhaf fhe Rados properly is fransferred in a "ready for develapmenf" condifion, including being free and clear of all foundafians, slabs, debris and fhen rough graded. The cosf for fhaf work was a maferial element af fhe seltlemenf negatiafians wifh fhe praperly owner and fheir lifigafion feam. A special demolifion confracf was secured in fhe amounf of $73,000 fhaf will be an additional cosf to fhe Agency in excess of fhe $1,490,000 seltlemenf amounf. However, fhe Agency is enfifled to approximafely $147,000 in inferesf earnings from the funds originally deposifed wifh fhe Superior Court. The inferesf earnings will be released shortly after fhe seltlemenf case is closed, and is fhe source of funding identified for fhe demolifion confrad. The Ciiy's Engineering Departmenf has been working wifh fhe Ciiy's oufside legal counsel on fhis malter and will be adminisfering fhe confrad. FISCAL IMPACT The approval of fhe resolufion will aufhorize fhe appropriafion of $517,600 from fhe Merged Projed Fund as a loan repaymenf fo fhe Bayfronf(T own Cenfre I Fund and appropriafing these funds for fhe purpose of complefing the properly acquisifion. Addifionally, fhe Cify/Agency will be responsible for funding fhe sife clearance confrad of $73,000 previously negofiafed befween fhe parties. The Agency will be receiving approximafely $147,000 from fhe Court as inferesf earnings on fhe original deposif of funds for acquiring fhe property thaf can be used to fund fhe sife c1eorance contrad. ATTACHMENTS Sfipulated Seltlemenf Judgmenf - (Case #GIC 734557-1) J ,\COMMDEV\ST AFFREP\04.01.03\Rodo, Settlement.doc d2- - .3 RESOLUTION NO. 2003- JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PROPERTY ACQUISITION STIPULATED SETTLEMENT WITH THE RADOS BROTHERS AS OWNERS OF THE VACANT PROPERTY AT THE SOUTHWEST CORNER OF BAY BOULEVARD AND "F" STREET IN THE BA YFRONT REDEVELOPMENT PROJECT AREA AND APPROPRIATING $517,600 FROM THE MERGED PROJECT AREA FUND AS A LOAN REPAYMENT TO THE BAYFRONTITOWN CENTRE I FUND AND APPROPRIATING THESE FUNDS IN THE BAYFRONTITOWN CENTER I FUND FOR THE SETTLEMENT PAYMENT WHEREAS, in December, 1999, the City of Chula Vista and its Redevelopment Agency entered into a Goodrich Relocation Agreement that facilitated the consolidation of the Goodrich manufacturing and administrative office complex to the north of"H" Street thereby allowing their property south of"H" Street to become available for a higher and better use development adjacent to the Chula Vista Marina; and WHEREAS, the Goodrich Relocation Agreement included an obligation of the City ofChula Vista and its Redevelopment Agency to acquire and subsequently transfer a privately owned 3.02 acre vacant property site at the southwest comer of Bay Boulevard and Lagoon Drive ("F" Street) to Goodrich for inclusion in their new corporate campus; and WHEREAS, the City and the Redevelopment Agency proceeded to acquire through the use of eminent domain such 3.02 acre vacant property at the southwest comer of Bay Boulevard and Lagoon Drive owned by the Rados Brothers; and WHEREAS, a proposed stipulated Settlement has been reached between the City of Chula Vista, the Redevelopment Agency and the Rados Brothers for a total settlement amount of $1,490,000; and WHEREAS, the City ofChula Vista Redevelopment Agency previously deposited $972,400 with the Superior Court as payment for the Rados Brothers' property. I c2-cJ NOW, THEREFORE, BE IT RESOLVED, the Redevelopment Agency and the City Council of the City of Chula Vista do hereby approve a property acquisition stipulated settlement with the Rados Brothers as owners of the vacant property at the southwest corner of Bay Boulevard and "F" Street in the BayFront Redevelopment Project area; and do hereby appropriate and authorize expenditure of $517,600 from the Merged Project Area Fund as a loan repayment to the BayFront/Town Centre I Fund, and do hereby appropriate these funds in the Bayfront/Town Centre I Fund for such settlement payment. Approved as to form by ovd ~~;#f~) Ann Moore City Attorney Presented by Laurie A. Madigan, Agency Secretary Director of Community Development J/atty/reso/rados.res.326 2 ~-:;- DALEY & HEFT, ATTORNEYS AT LAW DENNIS W. DALEY, ESQ. (BAF #070569) ANDREW K. RAUCH, ESQ. (BAF #137657) 462 STEVENS AVENUE, SUITE 201 SOLANA BEACH, CA 92075 TELEPHONE, (858) 755-5666 FACSIMILE: (858) 755-7870 Associated with: ANN MOORE CITY ATTOFNEY CITY OF CHULA VISTA 276 FOURTH AVENUE CHULA VISTA, CA 91910 Attorneys for Plaintiff REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO CENTRAL DIVISION REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body, corporate and politic, Plaintiff, v. RADOS BROS., a general partnership; SAN DIEGO GAS & ELECTRIC COMPANY; THE KIMBALL BROTHERS WATEF COMPANY; SWEETWATER WATEF COMPANY; all persons unknown claiming any title or interest in or to the within described property; and DOES 1 through 50, inclusive, Defendants. 1 Case No. GIC734557-1 STIPULATION FOR JUDGMENT IN CONDEMNATION; ORDER THEREON Assessor's Parcel Nos. 567-022-01 567-022-36 (One Parcel) INDEPENDENT CALENDAR JUDGE E. MAC AMOS DEPARTMENT 70 STIPULATION FOR JUDGMENT IN CONDEMNATION; ORDER THEREON d.-(". The parties in the above-captioned action, plaintiff REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (hereafter "AGENCY"), by and through its attorneys of record, DALEY & HEFT, LLP, and defendant RADOS BROS., a general partnership (hereafter "RADOS"), by and through its attorneys of record, ASARO, KEAGY, FREELAND & McKINLEY, hereby stipulate and agree as follows, a. That judgment in the within action may be entered in the sum and containing the terms and conditions of the judgment which follows below and by this reference is made a part of this stipulation. b. 2. Plaintiff AGENCY and defendant RADOS hereby also apply to the Court for a separate order directing the Tax Collector for the County of San Diego to cancel the taxes on the described property as of the date of the entry of the judgment which follows below, and provide to the Court, in a certified manner, information requested in the accompanying Order to the Tax Collector pursuant to Code of Civil Procedure section 1260.250(c) for the property which is the subject of this action. The legal description of the property which is the subject of the following judgment and separate order to the Tax Collector is contained within Exhibit 2 to the Complaint herein (which is the same as Exhibit A attached hereto) and is also set forth in the order to be issued to the Tax Collector. 2 STIPULATION FOR JUDGMENT IN CONDEMNATION; ORDER THEREON e:2-7 c. IT IS SO STIPULATED. DATED: DALEY & HEFT BY: DENNIS W. DALEY, ANDREW K. RAUCH, Attorneys for Plaintiff REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ("AGENCY" ) (Signature and judgment follow) ASARO, KEAGY, FREELAND & McKINLEY DATED, By' ROSCOE D. KEAGY, Attorneys for Defendant RADOS BROS., a general partnership ("RADOS") STIPULATED JUDGMENT It appearing to the Court that plaintiff REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (hereafter "AGENCY"), by and through its attorneys of Lecord, DALEY & HEFT, LLP, and defendant RADOS BROS., a general partnership (hereafter "RADOS"), by and through its attorneys of record, ASARO, KEAGY, FREELAND & McKINLEY, have stipulated that the Judgment as hereinafter set forth may be entered; and further appearing to be a proper case therefore, 3 STIPULATION FOR JUDGMENT IN CONDEMNATION; ORDER THEREON d-~ IT IS ORDERED, ADJUDICATED AND DECREED: a. That plaintiff AGENCY filed its Complaint in Eminent Domain on August 31, 1999, in the Superior Court of the State of California, County of San Diego, Case No. GIC 734557-1, to take, acquire, and condemn the rights, title and interests in certain real property for purposes of the implementation of the Bayfront Redevelopment Project. The said real property is described in the Complaint and Exhibit A attached hereto (said Exhibit A being the same as Exhibit 2 attached to the Complaint) and for identification purposes is known as Assessor's Parcel Nos. 567- 022-01 and 567-022-36. For ease of reference, a map depicting the subject property is attached hereto and marked as Exhibit B, the same being the same Exhibit 3 attached to the Complaint herein. b. The herein described condemnation and taking thereof is for a public purpose and necessary for such public use. c. That on October 22, 1999, AGENCY deposited with the court the amount of $972,400.00, said sum representing the amount of the appraised value of the property sought to be acquired in this action. d. That defendant RADOS is the fee owner of the real property described in the Complaint herein and described in Exhibit A attached hereto. Except as set forth herein below, there are no other claims of interest known or of record. 4 STIPULATION FOR JUDGMENT IN CONDEMNATION; ORDER THEREON d..-1 e. That defendant SAN DIEGO GAS & ELECTRIC COMPANY, having been dismissed, said defendant is not entitled to any compensation herein. f. That the defaults of defendant THE KIMBALL BROTHERS WATER COMPANY and defendant SWEETWATER WATER COMPANY were entered on January 24, 2000, and said defendants are not entitled to any compensation herein. g. That the payment to defendant RADOS of $1,490,000.00, less the sum of $972,400.00 previously withdrawn for the benefit of said defendant, shall constitute full and final settlement for all claims that were or could have been asserted by said defendant for the acquisicion of the property described in AGENCY's Complaint in Eminent Domain. Also, said payment extinguishes all claims of defendant RADOS for further compensation as against AGENCY, including any additional compensation for the subject real property, property interests, improvements thereon or related thereto, attorney's fees, litigation expenses, interest, precondemnation damages, claims for inverse condemnation, severance damages, loss of business goodwill, business reestablishment and/or relocation benefits, abutter's rights and any and all claims that were made or could have been made in this case, and the right to trial, hearing on the issues, the making and filing of a statement of decision, notice of entry of judgment, notice of recording final order of 5 STIPULATION FOR JUDGMENT IN CONDEMNATION; ORDER THEREON c:;;2 - ( 0 condemnation, and the right to move for a new trial and all rights to appeal. Said payment shall terminate, cancel, and extinguish all liens, leaseholds and encumbrances of whatsoever nature on said real property. h. Pursuant to Evidence Code section 822, the terms and circumstances of this acquisition, Stipulation and Judgment shall be inadmissible as evidence in any other eminent domain or inverse condemnation proceeding as a basis as to the value of property. i. Plaintiff AGENCY shall pay directly to defendant RADOS the amount of $517,600.00, less any property taxes due, via check payable to "RADOS BROS." Said check referenced in this paragraph shall be mailed to RADOS BROS. in care of: ASARO, KEAGY, FREELAND & McKINLEY Attn: Roscoe D. Keagy, Esq. 3170 Fourth Avenue, Fourth Floor San Diego, CA 92103 a. Upon certification of the taxes due on the subject property up to and including the date of this Judgment in Condemnation by the tax collector pursuant to Section 1260.250 of the Code of Civil Procedure, plaintiff AGENCY shall pay said taxes for the benefit of defendant RADOS to the tax collector payable to "San Diego County Treasurer-Tax CollectorU with reference on Assessor's Parcel Nos. 567-022-01 and 567-022-36, with the warrant to be mailed in care of: 6 STIPULATION FOR JUDGMENT IN CONDEMNATION; ORDER THEREON c2-I( Brett Cambra, Tax Specialist Treasurer-Tax Collector's Office County Administration Center 1600 Pacific Highway, Room 162 San Diego, CA 92101 Payment for said funds shall be a credit in favor of AGENCY as payment to defendant RADOS. a. Following entry of this Judgment, and on payment being made by plaintiff directly to defendant RADOS of $517,600.00, less any payments made to the tax collector, any and all funds on deposit, including any and all accrued interest in the court account shall be withdrawn and paid to AGENCY. The County Treasurer is ordered to cause a warrant to be drawn on the Court's Trust Fund for said amounts, payable to the "CITY OF CHULA VISTA," with the warrant to be mailed in care of: Dennis W. Daley, Esq. DALEY & HEFT 462 Stevens Avenue, Suite 201 Solana Beach, CA 92075 Counsel for AGENCY shall submit a Request for Payment of Trust Funds from the Court's Trust Account following entry of this Stipulated Judgment, and payment of the settlement amount. a. Upon entry of this Judgment, plaintiff AGENCY is authorized and empowered to take possession and use of the subject property described in Exhibit A attached hereto and as shown in the map as depicted on Exhibit B attached hereto, and 7 STIPULATION FOR JUDGMENT IN CONDEMNATION; ORDER THEREON .;l-/~ to remove from it any and all persons, obstacles, improvements, or structures of every kind or nature. b. Upon payment of $517,600.00 by AGENCY to defendant RADOS, less any funds paid by AGENCY on behalf of RADOS to the tax collector (as set forth above), AGENCY shall apply to this Court for issuance of a Final Order of Condemnation in these proceedings. If said pay~ent is not made within 30 days of the date of this judgment, interest shall accrue on said sum at the statutory rate until paid. c. Upon issuance of the said Final Order of Condemnation, plaintiff shall take, acquire, condemn and own the said real property, described in "Exhibit A" (Exhibit 2 to Complaint) attached hereto. Also upon issuance of said Final Order, all taxes, penalties, costs, liens, leaseholds, and encumbrances of whatsoever nature which are a lien on the property described in the Complaint, and which are apportioned to that portion of the fiscal year after said date are hereby canceled pursuant to Section 5081, et seq. of the Revenue and Taxation Code. d. Upon entry of the Final Order of Condemnation, AGENCY shall be entitled to record said Order with the County Recorder. Title to said property shall vest in AGENCY upon recordation of said Final Order of Condemnation. e. IT IS SO ORDERED. DATED: JUDGE OF THE SUPERIOR COURT B STIPULATION FOR JUDGMENT IN CONDEMNATION; ORDER THEREON 02 - (3 PAGE 1, ITEM NO.: 3 MEETING DATE: 04/01/03 JOINT CITY COUNCIL/ REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING: 1) A "POLANCO ACT AGREEMENT" BETWEEN THE AGENCY AND THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD REGARDING A REMEDIAL ACTION PLAN FOR THE "OMAR RENDERING SITE" ON MAIN STREET IN CHULA VISTA; AND 2) A RISK ALLOCATION AGREEMENT BETWEEN THE AGENCY, THE CITY, THE PROPERTY OWNER AND THE DEVELOPER IN CONNECTION WITH SAME SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L\\-~\ L\V\ - REVIEWED BY: EXECUTIVE DIRECTOR ~:pr" "' 4/5THS VOTE: YES D NO ~ BACKGROUND Sfaff is currenfly working fa entiile roughly 75 acres on Main St easf of 1-805 as expansion areas for fhe Chula Visfa Auto Park. One of fh" expansion areas is fhe 39-acre former Omar Rendering sife on fhe north side of Main at Delniso Court currently owned by a subsidiary of LandBank Group, Inc. (Land Bank). In order fo move fhis proiect forward fo developmenf as an expansion fo fhe Aufo Park, sfaff has been working wifh fhe San Diego Regional Water Qualify Confrol Board (RWQCB) on a Polanco Act Agreemenf and a relafed Risk Allocafion Agreemenf. The Polanco Redevelopmenf Act (HSC Section 33459 et. seq.) provides fhe Redevelopmenf Agency (Agency) unique tools fo allow redevelopment of brownfield sifes. Brownfield sites - defined as those eifher perceived or having acfual environmenfal confaminafion - are among fhe most challenging fo redevelop. Major provisions of the Polanco Ad: 1. allow the Agency fa mainfain immunify from becoming fhe "Responsible Party" when if participafes in a clean up; 2. give the Agency powerful fools fa recover ifs cosfs, if any, incurred in fhe clean up of a project sife; 3. confer abilify on the Agency fo pass ifs immunifies on fo a fufure sife developer and their successors, in certain situations. 3 ~ I PAGE 2, ITEM NO.: MEETING DATE: 04/01/03 This resolution approves a "Polanco Act Agreemenf" with the San Diego Regional Water Quality Confrol Board (RWQCB), as well as a relafed Risk Allocafion Agreemenf wifh fhe property owner and developer. RECOMMENDATION It is recommended fhaf fhe City Council and Agency adopt fhe resolufion approving a "Polanco Act Agreement" befween the Agency and fhe San Diego Regional Water Quality Confrol Board regarding a Remedial Action Plan for fhe "Omar Rendering Sife" on Main Sfreet in Chula Vista; and 2) a Risk Allocafion Agreemenf befween fhe Agency, fhe City, fhe property owner ond fhe developer in connection wifh same. BOARDS/COMMISSIONS RECOMMENDATION Nof applicable. DISCUSSION Sife Hisforv and Aaency Obiectives: The sife was remediafed in 1980-81 by fhe Darling Delaware Company. As part of fhe clean up 580,000 cubic yards of soil were encapsulated in a containmenf cell locafed on fhe northwesf corner of fhe property. The soils were replaced with clean soils from of her non-confaminafed areas on fhe sife. Despife fhe soils clean up, a plume of confaminafed ground wafer remains beneafh fhe site. Moniforing wells - 18 on sife and 17 off sife on surrounding properties - were established and are tesfed semi-annually. The sife, which received a favorable healfh risk assessment for non-residenfial development from the Cal-EPA Departmenf of Toxic Substances Confrol (DTSC) in 1996, has nof yef received a "No Further Action" leffer from fhe RWQCB relative fo groundwafer. Based on ground wafer invesfigafions from 1989 fo dafe, fhe plume has remained sfable and shows signs of slowly affenuating over time. Based on fhe DTSC findings and consulfant reports, Ii is nof considered fo be a healfh risk if indusfrial or commercial uses are developed on fhe sife; however, moniforing will confinue unfil such fime as fhe plume concenfrafions are below acceptable levels as defermined by fhe RWQCB. The tension creafed by fhe environmenfal dynamics of fhe site present developmenf challenges because fhe RWQCB has nof issued a "No Further Acfion" leffer on fhe groundwafer condifions. By using ifs Polanco Act authority, fhe Agency can assisf fhe sife developer fo acquire fhe sife complefe wifh immunifies fhaf fhe Act provides, and can assisf fhe currenf owner fo sell fhe sife by creafing a new regulatory pafh to "closure". Under fhe Polanco Acf Agreement, fhe RWQCB agrees fo work with the Agency so fhe necessary actions are complefed in a safisfaciory manner. In fhis insfance, fhe necessary aciions are grading in a safe and appropriafe manner and soils managemenf during construction. LandBank will refain responsibility for long-term groundwafer ~~-~ -...> PAGE 3, ITEM NO.: MEETING DATE: 04/01/03 monitoring, liability for any third party claims and, addifionally, for complefing a Clean Up and Abafemenf Order (CAO) from fhe RWQCB. Recenf Reaulaforv Aciion/Cooperafior! Bofh fhe Agency and RWQCB have been aciively seeking a regulafory pafh fo site redevelopmenf wifh LandBank and Knowlfon Realty Advisors - the aufo park developer - for fhe lasf 22 months. The !wo optimum methods available fo allow redevelopmenf while sife closure aciivifies continue are through a Prospeciive Purchaser Agreement (PPA) or a Polanco Aci Agreement. Bofh fhe developer and Agency sfaff inifially preferred fhe PPA because if provides immediafe immunity to fhe developer and does nof require Agency involvemenf. However fhe RQWCB is uncomfortable wifh fhe PPA because immunifies are provided before sife closure is assured. Under a Polanco Aci Agreement, the developer receives condifional immunifies immediafely and final immunifies once a Remedial Aciion Plan is complete. LandBank remains responsible for the ground wafer case unfil a "No Further Aciion" leffer is received. Af a meefing wifh all parties on January 14, 2003, the Execufive Direcior, legal counsel, and sfaff of fhe RWQCB encouraged fhe Agency fo approach fhem wifh fhe affached agreemenf. The RWQCB defermined fhat if will reach sife closure via a CAO referenced in the Agreement's Remedial Aciion Plan. Knowlfon Realty will complefe final grading of the site using agreed-upon mefhods also confained in fhe Remedial Aciion Plan, and, via the Polanco Agreemenf condifional immunifies, will be able fo provide Clssurances fo aufo dealers fhaf they will nof be subjeci fo regulafory acfion should they purchase land on the sife. Polanco Aci Aareement The Polanco Aci Agreemenf will incorporafe a Remedial Aciion Plan (RAP), including: 1. Projeci description 2. Final Grading plan including a soil moniforing plan during grading 3. A Clean Up and Abafemenf Order (CAO) as an exhibif The projeci includes final grading, the relocafion and consfruciion of Roma Court 120-feef fo fhe wesf of if's currenf locafion, fhe preparafion of consfruciion pads for fhree aufo dealerships, fronfing on Main Sfreet, fhe preparafion of consfruction pods for aufo dealer-related uses fo the rear of the sife, and the final developrnenf of fhe capped confainmenf cell area as an aufo dealer invenfory parking area. The final grading and soil-moniforing plan is currenfly under review and will be approved by fhe City Engineering Departmenf wifh concurrence from the RWQCB. Once fhe final grading is complefe, fhe City will release a developer's bond for the work and fhe RWQCB will issue a "No Further Aciion" leffer regarding soils. The groundwafer remediafion will be conducied by LandBank under a CAO affached fo fhe Remedial Aciion Plan as an exhibif. The exhibif and Polanco Aci Agreemenf moke it clear fhat fhe 3-3 PAGE 4, ITEM NO.: MEETING DATE: 04/01/03 Cily/Agency has no responsibilily for groundwafer issues or the CAO. (The CAO is attached to fhis sfaff report.) In order fo assisf the RWQCB and landBank, fhe Agency has agreed fo cooperafe fo obfain off site access for placement of moniforing wells, or other reasonably non-invasive fesfing. Addifional off-sife access for monitoring well placemenf may be necessary for landBank to fully respond fo RWQCB orders related fo the groundwafer issues. Risk Allocafion Aqreemenf (liabiliiv\: Oufside counsel fo fhe Agency, Richard Opper - a noted expert in Polanco Ad matters, has assured Agency staff fhat the RWQCB has entered info similar Agreemenfs wifh of her public agencies and to dafe fhese cooperafive programs have worked very well. The sife condifions in fhis case are manageable/low risk, fhe Agency is acfing in a Iypical manner, and the Agency has faken sfeps fo mitigafe ifs risk: 1. Sfafufory immunifies pass condifionally fo fhe developer only based upon an agreed upon Remedial Adion Plan. 2. The Polanco Ad Agreemenf sfafes fhaf neifher the RWQCB nor the Agency shall become "responsible parties" for clean-up at the site as a result of fhe oversight responsibilifies under fhe agreemeni. 3. The Agreemenf separafes fhe soil remediafion from confinuing ground wafer moniforing required of the property owner. The Agency's sole responsibilities regarding groundwafer are fo cooperafe wifh fhe RWQCB in ifs oversighf, and fo "meef and confer" wifh property owners fo achieve off-sife access where any reludant property owner denies the abilily fo esfablish a necessary moniforing well. 4. The developer will indemnify, as well as bond, his grading plan for fhe site, proteding fhe Agency in the evenf he does nof follow the Cily/RWQCB-approved soils managemenf plan during consfrudion. 5. The RWQCB will require ample financial guaranfees to provide a mefhod of recourse should fhe CAO nof be fulfilled. 6. Bofh fhe responsible party - landBank - and fhe developer will indemnify and defend the Cify/Agency againsf any claims or cosfs arising as a resulf of hazardous maferials condifions, or any of her adivily on fhe site, excepf in fhe case of the Cily/Agency's negligence or willful misconduci. Schedules: The Polanco Ad Agreemenf with fhe RWQCB is dockefed, tentafively, for the meeting of April 9, 2003 pending Agency approval. Following approval of fhe Agreemenf, Knowlfon Really will have condifional immunily assurances he can use fo assist him in reaching sale agreemenfs wifh Aufo Park dealers. If is anficipafed fhe developmenf projed should be broughf fo fhe Agency for approval of a CEQA documenf, .3-1 PAGE 5, ITEM NO.: MEETING DATE: 04/01/03 Specific Plan and Owner Participation Agreemenf in late May, allawing sife improvements fo begin and dealerships to be construcied. Dealerships, if successfully recruifed, could be operafing by fhe fhird quarter of 2004. FISCAL IMPACT Esfablishing fhis Polanco Aci Agreemenf has involved refaining oufside legal counsel - Richard Opper of Foley & Lardner. Mr. Opper is an expert in Polanco Aci Agreemenfs and redevelopment of confaminated sifes and is assisfing wifh negofiafions beiween fhe property owner, developer, Agency and RWQCB in accordance wifh sfandard City purchasing procedures. Sfaff also refained oufside counsel Linda J. Hoover, an expert in pollufion insurance, to review fhe insurance policies held by LandBank for fhe sife. Legal costs are expecied fo be approximately $25,000. Terms under which fhe Agency will require repaymenf of fhose cosis by fhe developer are under negotiafion. If fhe projeci is approved by fhe City and fully developed, the ulfimate fax incremenf benefif expecied is $267,750 annually and the anficipafed annual sales tax receipfs fo fhe general fund from fhis portion of fhe Chula Visfa Aufo Park expansion are esfimafed af $750,000. Affachmenfs: A - Polanco Aci Agreement B - Nofice of CEQA Exempfion C - Remedial Aciion Plan D - Clean Up and Abafement Order E - Risk Allocafion Agreemenf J:\COMMDEV\STAFF.REP\04.01.03\Agency - Polanco - Corrected.doc ..3-S- RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING: 1) A "POLANCO ACT AGREEMENT" BEIWEEN THE AGENCY AND THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD REGARDING A REMEDIAL ACTION PLAN FOR THE "OMAR RENDERING SITE" ON MAIN STREET IN CHULA VISTA; AND 2) A RISK ALLOCATION AGREEMENT BEIWEEN THE AGENCY, THE CITY, THE PROPERTY OWNER AND THE DEVELOPER IN CONNECTION WITH SAME WHEREAS, the Redevelopment Agency of the City of Chula Vista [Agency] is engaged in activities necessary to carry out and implement various redevelopment projects within the designated redevelopment project areas within the City of Chula Vista; and WHEREAS, the property commonly known as the "Omar Rendering Site" [Site] is located in the Otay Valley Road Redevelopment Project Area; and WHEREAS, the Agency is assisting (1) the LandBank Group, Inc., a private redevelopment corporation, and its affiliates ("Owner"), which is the responsible party for the Site and is working in response to Orders for issued by the San Diego Regional Water Quality Control Board to remediate the Site; and (2) Knowlton Realty, Inc., a developer proposing the redevelopment of the site into an expansion of the Chula Vista Autopark ("Developer"); and WHEREAS, the California Health & Safety Code section 33459.3 [Polanco Redevelopment Act] provides that if a Redevelopment Agency causes another person to undertake and complete remediation of a site in accordance with a cleanup plan prepared by a qualified independent contractor and approved by a California Regional Water Quality Control Board [Board], the Redevelopment Agency will be immune to all state and local laws providing liability for releases of hazardous substances that are addressed in the cleanup plan approved by the Board; and WHEREAS, the Agency has negotiated a Polanco Act Agreement with the Board for setting forth the terms and conditions for Board/Agency cooperation in overseeing remediation activities at the site; and WHEREAS, the Agency has negotiated a Risk Allocation Agreement with Owner and Developer allocating risks of Agency's participation to Owner and Developer on the terms and conditions set forth therein; and WHEREAS, the Community Development Department Planning & Environmental Services Division considered the proposed Polanco Act Agreement to be Categorically Exempt, Class 30 [actions by regulatory agencies] from CEQA; and NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency of the City of Chula Vista does hereby approve, in substantially the form presented, a Polanco Act Agreement with the San Diego Regional Water Quality Control Board for a Remedial Action Plan at the Omar Rendering Site on Main Street; and; BE IT FURTHER RESOLVED the City Council and Redevelopment Agency of the City of Chula Vista does hereby approve, in substantially the form presented, a Risk Allocation Agreement between the Agency, City, Property Owner and Developer in connection with same; and 3-G BE IT FURTHER RESOLVED, City/Agency authorizes and directs the Mayor/Chairman to execute the agreements upon approval of the Polanco Act Agreement by the RWQCB in the final forms approved by the City/Agency Attorney. PRESENTED BY A~D ~S TO FORM BY, C~~ nn Mo~e ity/Ag~cy Attorne~ Laurie A. Madigan Director of Community Development J:ICOMMDEVlRESOSIPolanco.doc 3-7 ATTACHMENT A POLANCO REDEVELOPMENT ACT REMEDIATION AND CONDITIONAL IMMUNITY AGREEMENT This Polanco Redevelopment Act Remediation and Conditional Immunity Agreement ("Agreement") is entered into between the San Diego Regional Water Quality Control Board ("Regional Board") and the Redevelopment Agency of the City of Chula Vista ("Agency"), as of April , 2003, as a result of the following facts and circumstances: 1.1 The Regional Board has historically exercised regulatory oversight with respect to hazardous materials conditions on, beneath and around certain real property formerly referred to as the "Omar Rendering Company Site" ("Site"). (The Site shall be more particularly described in the Conceptual Remedial Action Plan ("Conceptual RAP") referred to below in Section 1.4.) The Regional Board provided requirements and oversight for closure for the waste cell constructed in 1981 pursuant to Regional Board Order No. 80-06, "Closure Requirements for the Omar Rendering Company Dumpsite in the Otay River Valley." Following this action, the Regional Board issued Order Nos. 87-141 and 97-40, Waste Discharge Requirements (WDRs) for the Site. These orders impose various on-going monitoring and reporting requirements related to Site conditions. 1.2 The current owner of the Site is Otay Mesa Ventures II, L.L.C., a Louisiana limited liability company ("Owner"). Owner is the responsible party at the Site and, along with affiliated entities, has been responding to Regional Board orders. 1.3 The Polanco Redevelopment Act, Health & Safety Code g33459, et seq. (the "Act"), provides that a duly formed redevelopment agency authorized to use the Act "may take any actions that the agency determines are necessary and that are consistent with other state and federal laws to remedy or remove a release of hazardous substances on, under, or from property within a project area..." Health and Safety Code g33459.1(a)(1). Under the Act, the Agency may cause a party to undertake and complete an action pursuant to Section 33459.1 on properties throughout the redevelopment areas of the City of Chula Vista ("City"). The Site is within the City's redevelopment area, and the Owner will undertake and complete remedial work required to address releases at the Site. The Agency has proposed this Agreement with the Regional Board for the purpose of finalizing outstanding assessment and closure issues at the Site and to facilitate the redevelopment of the Site so that it can again be put to productive uses within the community. 1.4 The Agency has received a concept proposal for the development of the Site (the "Proposed Project") from Knowlton Realty Advisors, LLC ("Developer"). In contemplation of this Agreement, the Agency has required the preparation of a Conceptual RAP that provides for the mitigation of certain environmental conditions at the Site. The draft Conceptual RAP is attached hereto as Exhibit A. It is intended that the draft Conceptual RAP approved by the Agency will be submitted to the Regional Board for review and approval prior to any work commencing at the Site. The Conceptual RAP will include: (1) the grading and soil management plan for the shallow soils at the Site necessary for redevelopment (the "Soil Requirements"); (2) a summary of existing environmental requirements currently applicable to the Site; and (3) a framework for responding to the Clean Up and Abatement Order (CAO) that the Regional SF/271725.! DRAFT 03/251033:49 PM 37576.00002 .3 -~ Board will issue to Owner requiring Owner to finalize assessment and remedial activities related to groundwater contamination at the Site. The draft CAO is attached hereto as Exhibit B _' As part of the framework for responding to the CAO, the Conceptual RAP provides that Owner will submit various workplans to the Regional Board for review and approval. As each such workplan is approved by the Regional Board, it will be incorporated into the Conceptual RAP. Once all of the workplans have been submitted and approved by the Regional Board, the Conceptual RAP shall become the approved remedial action plan ("RAP") for the Site, as contemplated by Section 33459.3 of the Health & Safety Code. The LandBank Group, Inc., a Louisiana corporation ("LandBank,,), is a related entity to Owner. Owner shall cause LandBank to provide financial assurance for work at the Site, as required and approved by the Regional Board. It is intended that the Soil Requirements will be implemented by Developer concurrently with or prior to Owner's response to the Regional Board's CAO, and in a manner that will not impede any regulatory requirements the Regional Board may impose upon the Owner related to conditions at the Site. 1.5 On April!, 2003 the Agency adopted a Resolution approving this Agreement with the Regional Board subject to the Regional Board's final approval thereof, and the satisfaction of all terms and conditions set forth herein. It is the intention of the Agency and the Regional Board, as provided for in 9933459.1 and 33459.3 of the Health and Safety Code, that completion of the RAP to the satisfaction of the Regional Board will satisfy the requirements of the Act and trigger immunity for (a) the Agency, and (b) the Developer, its affiliated entities, bona fide unrelated purchasers of the Site and their successors and assigns, and any person or entity providing financing to any of them (collectively, the "Immune Parties" and each an "Immune Party"), as provided under the Act. Prior to completion of the RAP, the Regional Board intends to provide c:onditional immunity to the Immune Parties, as specified below in Section 3.0. 1.6 Concurrent with its approval of this Agreement, the Agency approved that certain Risk Allocation Agreement between the Agency, LandBank, Owner, and Developer ("Risk Allocation Agreement"). Agency would not have entered into this Agreement but for the agreement of LandBank, Owner, and Developer to enter into the Risk Allocation Agreement and their fulfillment of their respective obligations thereunder. In addition, the Agency and the Developer will enter into an agreement for redevelopment of the Site. NOW, THEREFORE, Agency and the Regional Board agree as follows: 2.1 The Regional Board agrees to review the draft Conceptual RAP and provide comments back to the Agency within thirty (30) days of the Agency's approval of this Agreement. Within ten (10) days of receiving comments from the Regional Board, the Agency will cause the preparation of a final Conceptual RAP that incorporates the Regional Board's comments. Provided that it is consistent with the Regional Board's comments, the Regional Board agrees to review and certify the final Conceptual RAP within ten (10) days of the Agency's submittal. 2.2 The County of San Diego's Department of Environmental Health (the "Health Department") shall oversee implementation and completion of the Soil Requirements by the Developer in a manner consistent with the grading plan and soil management plan referenced in the Conceptual RAP. The Regional Board shall oversee, with the Agency's assistance and cooperation, Owner's compliance with the requirements of the Conceptual RAP, the RAP, the 2 SF/27I72S.! DRAfiT 03/25/03 3:49 PM 37576.00002 .3 -1 proposed CAO, WDRs, or other administrative requirements the Regional Board may impose on Owner related to environmental conditions at the Site, other than Soil Requirements (collectively, the "Remedial Requirements"). In order to assist the Regional Board with groundwater oversight, the Agency agrees to meet and confer with property owners near the Site to the extent reasonably necessary to facilitate off-site placement and inspections of monitoring wells, or other reasonable non-invasive testing, as may be required by the Regional Board. 2.3 The Agency shall cause Owner to reimburse the Regional Board for actual costs incurred by the Regional Board for regulatory oversight of implementation of the RAP for the Site. The Regional Board shall administer cost recovery pursuant to this Agreement in accordance with the State Water Resources Control Board Cost Recovery Program for Spills, Leaks, Investigations, and Cleanups (SLIC). 2.4 The Developer will submit a certification to the Health Department once the Soil Requirements have been completed. The Health Department shall issue a notice of concurrence with the certification to the Developer and to the Regional Board, once it has determined that the required work has been completed. Within 30 days of the Regional Board's determination that the Soil Requirements have been satisfactorily completed, the Regional Board shall send a letter to the Developer stating that no further action is necessary with respect to the Soil Requirements. 2.5 Owner will submit a certification to the Regional Board, with a copy to the Agency, once the remedial actions required under the RAP have been completed. As provided under the Act, within sixty (60) days following the date the Regional Board finds that the remedial actions required under the RAP have been completed, the Regional Board shall notify the Agency in writing that the statutory immunity set forth in ~33459.3 of the Health and Safety Code is applicable to the Agency and the Immune Parties with respect to the Remedial Requirements. The Regional Board acknowledges, consistent with standard remedy completion protocol, that: (I) any long-term operations and maintenance activities ("O&M") will be undertaken subsequent to the Regional Board's determination that the remedial actions required under the RAP have been completed; and (2) the existence of any such O&M obligations shall not affect the applicability of statutory immunity under the Act to the Immune Parties. Conditional Immunity 3.0 As a result of, and in reliance upon, this Agreement, the Regional Board shall not require the Immune Parties to undertake further investigation or remediation of releases or discharges at the Site, provided that Owner has caused LandBank to provide the financial assurance described herein (hereinaf((:r "Conditional Immunity"). The Regional Board is willing to provide this Conditional Immunity because, in addition to Owner's on-going commitment to comply with the Remedial Requirements, the Regional Board is requiring Owner to cause LandBank to provide financial assurance that will ensure there are adequate resources available to complete further investigatory and remedial work at the Site. This Conditional Immunity will apply to the Immune Parties upon LandBank's provision of the approved financial assurance, as required and approved by the Regional Board. Once the Regional Board has approved completion of the remedial actions n,quired under the RAP, the Immune Parties shall have full statutory immunity under the Act, and this Conditional Immunity shall terminate and be of no further force or effect. 3 SF!271725.1 DRAFT 03/25/03 3:49 PM 37576.00002 3 - (0 The continued effectiveness of this Conditional Immunity is subject to the following conditions: 3.1 The benefited Immune Party, could not, prior to the date of this Agreement, have been required to undertake cleanup or abatement under 913304 of the Water Code for the discharge or release of hazardous substances at the Site. 3.2 The benefited Immune Party shall not undertake any land use or development project at Site that could exacerbate either the discharge of hazardous substances from the Site to waters of the state or any known or threatened condition of pollution or nuisance associated with prior discharge or deposit of petroleum hydrocarbon waste at or from Site. 3.3 The benefited Immune Party, shall not umeasonably prevent, delay, impair, or interfere with current or prospective investigation or cleanup and abatement activities, if any but shall rather cooperate to achieve the goals of the RAP. 3.4 The benefited Immunf' Party, shall allow the Regional Board, its employees and agents, access to the Site during normal business hours or upon request to investigate the conditions described in the Conceptual RAP, CAO, or WDR(s), that could affect water quality, to monitor ground water, and to obtain samples of soil and ground water at this Site. 3.5 The benefited Immune Party shall and hereby does acknowledge responsibility for cleanup and abatement of any discharge or deposit of hazardous substances at or from Site as a result of such party's activities at the Site that causes or threatens to cause conditions of pollution or nuisance. 4.0 Circumstances Supporting Determination. 4.1 The following circumstances support the determination that it is not against the public interest for the Regional Board to refrain from asserting its authority under 913304 of the Water Code over the Immune Parties, in this case. 4.2 The Regional Board has identified persons, none of whom are the Immune Parties, who have assumed responsibility for the discharge or deposit of hazardous substances at and from the Site and has directed Owner to propose and implement all necessary measures to mitigate and to abate existing or threatened pollution or nuisance associated with the discharge or deposit of hazardous substances. 4.3 Owner has been identified as a responsible party and remains responsible for any investigation, clean up, or abatement that may be required under 913304 of the Water Code in the future. 4.4 The Regional Board shall require Owner to cause LandBank to provide financial assurance that will ensure there are adequate resources available to complete further investigatory and remedial work at the Site. 4 SF!271725,] DRAFT 03/25/033:49 PM 37576.00002 ..3-(( 4.5 Uncertainty regarding the potential liability for cleanup or abatement of environmental conditions at this Site has hindered redevelopment and economic revitalization of such properties in City's redevelopment area. 5.0 General Provisions 5.1 The Agency's obligations under this Agreement are undertaken for the benefit of the Regional Board and the Immune Parties only, and no rights of any other third parties to enforce these obligations are created hereby. 5.2 Except as expressly provided herein, neither the Regional Board, nor the Agency shall have any obligations with respect to the Site, or any physical condition existing thereon. Agency's and Regional Board's obligations under this Agreement are limited by the scope of the provisions herein, and nothing herein is intended to create the status of "responsible party" or "discharger" as a result of this exercise of either party's authority hereunder. 5.3 In the event that (a) the Agency does not approve the Proposed Project within 180 days of its approval hereof, or (b) there is a default or a failure of a condition under the Risk Allocation Agreement (after written notice to the defaulting party and a reasonable opportunity to cure the same), the Agency may terminate this Agreement upon written notice to the Regional Board, in which case neither party shall have any continuing responsibility hereunder. This Agreement does not constitute the Agency's approval of the Proposed Project, which the Agency reserves the right to approve or disapprove in its sole discretion. 5.4 hereof. This Agreement shall be effective as of the date of Regional Board approval [NEXT PAGE IS SIGNATURE PAGE] 5 SFI271725.1 DRAFT 03/25/03 3:49 PM 37576.00002 ...3 - ( 2- SIGNATURE PAGE TO POLANCO REDEVELOPMENT ACT REMEDIATION AND CONDITIONAL IMMUNITY AGREEMENT IN WITNESS WHEREOF, each if the parties hereto have caused this Agreement to be executed. Redevelopment Agency of the City of Chula Vista By: Steve Padilla, Chairman ATTEST: Laurie Madigan, Agency Secretary APPROVED AS TO FORM: Glen R. Googins, Agency Attorney California Regional Water Quality Control Board, San Diego Region By: John Robertus, Executive Officer 6 SFf271725.1 DRAFT 03/25/033:49 PM 37576.00002 .3 ~r3 NOTICE OF EXEMPTION fF II fb ATTACHMENT B GI&goty J. SmIIh, Reo. --"1 WiIX JAN 3 2003 TO: County Clerk, County of San Diego P.O. Box 1750 San Diego, CA. 92112-4147 From: Community Developme City of Chula Vista 276 Fourth A venue Chula Vista. CA 91910 Project Title: Polanco Act Agreement Plan for former Omar Rendering Site Project Location - North side of Main Street (formerly Otay Valley Rd.) between Maxwell & Brandywine Road (APNs' 644-<l41-OOH4, & 17 thru 19). Project Location - City: Chula Vista Project Location - County: San Diego Description of Project: A resolution of the Redevelopment Agency of the City of Chula Vista that would allow negotiation and approval of a .Polanco Act Agreement" with the Regional Water Quality Control Board (RWQCB) for the fonner .Omar Rendering Site" (a superfund site) pursuant to Health and Safety Code Sections 33459 Et. Seq. Name of Public Agency Approving Project: Redevelopment Agency of the City of Chula Vista Name of Person or Agency Carrying Out Project: Redevelopment Agency of the City of Chula Vista Exempt Status: (check one) . Ministerial [Sec. 2108O(b)(1); 15268]; Declared Emergency [Sec. 2108O(b)(3); I 5269(a)]: Emergency Project [Sec. 2108O(b)(4); 15269(b)(c)); 1L Categorical Exemption. Section: 15308 Class 8 [Actions by Regulatory Agencies for Protection of the Environment] Reasons why project is exempt: The proposal involves the approval of a .Polanco Act Agreement" for submittal to the RWQCB. a regional regulatory agency. The agreement sets forth the terms for 1) site main/enance, helping to ensure that no trespassing, vandalism or illegal dumping occurs while the site is vacant, 2) NatioTUll Pollution Discharge Eliminarion System (NPDES) storm wa!er monitoring and reponing in order to prevent any minor surface erosion and 3) growuiwarer detection monitoring and reponing on a long term basis in order to document that the on-site containment waste cell . has not released constituents of concern to the groundwater at the former .Omar Rendering Site". Sufficient safeguards will be included in the Soils Management Plan to ensure that no significant environmental effects occur. The Soils Management Plan wOuld guide the activities of construction workers in the unlikely event that potentially hazardous materials are encountered during grading activities. rson: Benjamin Guerrero, Environmental Projects Manager ) 476-5311 Sig ~ ental Projects Manager Date 01/24/03 ILED I . E OFFICE OF THE COUNTY CLERK SAN DIEGO COUNTY ON JAN 3 1 2003 POSTED JAN 3 1 2003 REMOVED RETURNED !9,NjENCY ON ..3- _ / + DEPUTY _ C/'f~ AGENCY ITEM #3 For Attachment C Remedial Action Plan See Notebook .3 -I S- REMEDIAL ACTION PLAN AUTO PARK NORTH SPECIFIC PLAN SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD -- __ - - ' 'Yr 'Y ~~ ~~ ~~r ~2BSbr~pe P R 0r~ ~~_ ~r~J pp~~~~~~ Qoo~r~~rw w)• $FIOA'fO01n ~ ,~{ , SBbB G kNefuay . _.. ~ tia~.aw ~ "'d'~6''" .. .. ~ 1 ~ ~~ ~. + OMicee ' ~ f SlwWnoom a i1,' ~~ ~- ~ ~UIfOTaf y • ~L ~ SFiO~oom ~' ~ ~ ~ ~~ , r. '~ '+•' l ~~ i ~ . .. ~ ~ ~ _ ~ .~. 1 ~ ~ ~. ~ ~ Sdes MIVOMo1Y ~ . i __. ._ j I . Main Street ~- - -. -- ____ -- SipnalKad ---- Interaertion i ~~ _- - - ___ _-- • CONCEPTUAL REMEDIAL ACTION PLAN AUTO PARK NORTH SPECIFIC PLAN AREA ASSESSOR PARCEL NUMBERS 644-041-01 TO 644-041-19 PORTION OF OTAY VALLEY ROAD REDEVELOPMENT AREA CITY OF CHULA VISTA, CALIFORNIA Prepared at the request of the Redevelopment Agency for the Ciry of Chula Vista On behalf of • Otay Mesa Ventures II, L.L.C. Knowlton Realty Advisors 141 Union Boulevard, Suite 330 1445 Canterbury Drive Lakewood, Colorado 80228 Salt Lake City, Utah 84108 For: California Regional Water Quality Control Board 9174 Sky Park Court, Suite 100 San Diego, California 92123-1324 April 2003 C~ • • • n TABLE OF CONTENTS Section Page EXECUTIVE SUMMARY ............................................................................................................ v CHAPTER 1.0 -INTRODUCTION .............................................................................................. 1 1.1 Purpose of the Report .............................................................................................. 4 1.2 Property Identification ............................................................................................ 4 1.3 Current Status of the Site ........................................................................................ 4 1.4 Need To Mitigate .................................................................................................... 5 CHAPTER 2.0 -PROPERTY BACKGROUND ........................................................................... 7 2.1 Site History ............................................................................................................. 7 2.2 Regulatory History .................................................................................................. 9 2.3 Property Investigations ......................................................................................... 11 CHAPTER 3.0 -FUTURE CONSTRUCTION AND LAND USES .......................................... 15 • 3.1 Proposed Site Plan ................................................................................................ 15 3.2 The California Environmental Quality Act Process ............................................. 17 3.3 Grading and Excavation Plan .................................Error! Bookmark not defined. 3.4 Construction/Utility Plan ...................................................................................... 19 3.5 Final Site Design ................................................................................................... 20 CHAPTER 4.0 -PROPERTY MITIGATION ............................................................................. 21 4.1 Remediation Efforts/Mitigation Accomplished .................................................... 21 4.2 Work To Be Completed/Mitigation Measures To Be Implemented ..................... 29 4.3 Construction Contingency Controls ...................................................................... 32 CHAPTER 5.0 -REPORTING .................................................................................................... 34 5.1 Regulatory Agency Reporting Requirements ....................................................... 34 CHAPTER 6.0 -PUBLIC PARTICIPATION ............................................................................. 36 6.1 The Public Participation Process .......................................................................... 36 CHAPTER 7.0 -DEVELOPMENT SCHEDULE ....................................................................... 41 • Auto Park North SPA Property Mitigation Plan Page i CRAPFJNALO50/03 6/12/03 • • • CHAPTER 8.0 -PERSONS AND ORGANIZATIONS CONSULTED, REPORT PREPARATION, AND REFERENCES CITED ............................................................. 43 Persons and Organizations Consulted ............................................................................... 43 Report Preparation .............................................................Error! Bookmark not defined. References Cited ............................................................................................................... 43 APPENDIX 1 -Soil Management Plan Prepared by Shaw Environmental & Infrastructure, Inc. APPENDIX 2 - DTSC Correspondence APPENDIX 3 -Grading Plan APPENDIX 4 -Clean-up and Abatement Order Page ii Auto Park North SPA Property Mitigation Plan CRAPFINALOSOl03 6/!2/03 • LIST OF FIGURES Figure Page 1 Regional Location Map ....................................................................................................... 2 2 Project Area ........................................................................................................................ 3 3 Aerial Photo of the Site in 1957 ........................................................................................ 22 4 Aerial Photo of the Site in 1977 ........................................................................................ 23 5 Aerial Photo of the Site in 2001 ........................................................................................ 24 6 Topographic Zones and Cross Section Locations ............................................................. 25 7 Cross Sections A-A', B-B', and C-C' ............................................................................... 27 LIST OF TABLES Table Page • 1 Proposed Site Plan Uses -Option 1 ..................................................................................... 15 2 Proposed Site Plan Uses -Option 2 ..................................................................................... 16 3 Summary of Environmental Mitigation Plans, Permits, Reviews and Approvals ................ 38 • Auto Park North SPA Property Mitigation Plan Page iii CRAPFINAL050I03 6//2/03 This page intentionally left blank. • Page iv Auto Park North SPA Property Mitigation Plan PMPFlNALclean11803 1/18/03 EXECUTIVE SUMMARY The Auto Park North Specific Plan Area (Property) is located east of Interstate 805 on Main Street (formerly Otay Valley Road) within the City of Chula Vista, San Diego County (Figures 1 and 2). The property is also within the Otay Valley Road Redevelopment Area (OVRRA), one of five redevelopment areas identified by the City of Chula Vista Redevelopment Agency. The City of Chula Vista views the OVRRA as the gateway to Chula Vista from Otay Mesa and the U.S./Mexico border. The City has strongly supported the redevelopment of this area with new industrial and commercial-based businesses through the implementation of an effective redevelopment program. As discussed below, several other properties in the OVRRA have been successfully developed with the support of the City. The property has been vacant since 1986, and previous redevelopment efforts have been hampered by the history of industrial operations that occurred on the site. The property is now slated for redevelopment, and this Conceptual Remedial Action Plan (CRAP) establishes the framework for mitigating issues associated with the previous industrial use of the site. Based on review of current and historical records, the property was formerly used for an animal- rendering facility, an automobile-wrecking yard, and for disposal of Class I liquid wastes between the years 1947 and 1981. These past uses resulted in releases of hazardous materials on the property. Under the direction of the California Regional Water Quality Control Board (RWQCB), the site soils have been remediated by removing on-site impacted soils and depositing them in the Containment Cell that was constructed in 1981-1982 on Lot #2. Residual impacts to groundwater remain. Mitigation of groundwater impacts is discussed below, as well as a detailed history of the property that documents the remediation process that has occurred on the site. This PMP sets forth specific actions to be conducted by Otay Mesa Ventures II L.L.C. (OMV II), the property owner, and/or Knowlton Realty Advisors (KRA), the buyer and developer, in accordance with the Polanco Redevelopment Act, the Unified Agency Review law, other state and local laws, and policies of the RWQCB, as applicable. The Polanco Redevelopment Act (Assembly Bill 3193 and Senate Bill 1425), hereinafter referred to as the Polanco Act, applies to properties throughout the State of California that are within identified Redevelopment Areas. The Polanco Act is applicable to properties that have been environmentally damaged and are idled, or under-utilized as a result of that environmental damage, commonly known as Auto Park North SPA Property Mitigation Plan Page v CRAPFINALOSOl03 6//2/03 Brownfield sites. These sites can be remediated and subsequently developed because liability is limited for future owners and developers of these sites under the provisions of the Polanco Act. The Polanco Act is a Brownfield redevelopment tool that ensures that environmental cleanup occurs to the satisfaction of the local community and the local agency, and provides a mechanism for developers and future owners to be released from liability of former industrial r~ L operations. This CRAP identifies the land use history and regulatory history of the property, proposed future land uses, remediation efforts that have been accomplished, and work to be completed/mitigation measures to be implemented at the site. Although the soils on-site have been remediated, a soil management plan has been prepared that identifies activities during the grading process. In terms of site cleanup, the remaining item relates to groundwater monitoring, which is projected to continue on the site during and after redevelopment. Page vi Auto Park North SPA Property Mitigation Plan CRAPF/NALO50/03 6/11/03 • • CHAPTER 1.0 INTRODUCTION This CRAP has been prepared on behalf of Otay Mesa Ventures II (OMV II) and Knowlton Realty Advisors (KRA) to facilitate the redevelopment of a portion of the Auto Park North Specific Plan Area of Chula Vista (Figure 1). The Auto Park North Specific Plan Area (Property) is located east of Interstate 805 on Main Street within the City of Chula Vista, San Diego County (Figure 2). The Property is located within the Otay Valley Road Redevelopment Area (OVRRA) in the eastern portion of the City of Chula Vista. The OVRRA establishes goals, policies, and objectives intended to eliminate blight and provide for orderly growth, conservation, amenities, and economic development in the Main Street area. The plan sets urban design standards for the OVRRA, as well as specific land use goals that are supportive of industrial uses. These uses include light manufacturing, warehouses, distribution centers, research institutions, and product development plants. All land uses permitted in the General Industrial zone are permitted in the OVRRA. The proposed use will be industrial/commercial with automobile dealerships and support services. The OVRRA encompasses 770-acres and was established in 1983. The City of Chula Vista considers the area a gateway into Chula Vista from Otay Mesa and the U.S./Mexico commercial border crossing. The project area includes light industrial businesses, auto-related uses, and is adjacent to nearby entertainment and recreational attractions such as Coors Amphitheatre and Knott's Soak City water park. Recent projects assisted by the City of Chula Vista Redevelopment Agency in the OVRRA include the Chula Vista Auto Park Phase I, Main Street Landscaping Phase I, clean up of the contaminated Shinohara site, and expansion of the Gold Coast Engineering facility. In addition, the recently developed City Public Works Center is located at 1800 Maxwell Road, which is adjacent to the Auto Park North Specific Plan area and within the OVRRA. Proposed projects for Otay Valley include the development of the Auto Park North Specific Plan project, expansion of Knott's Soak City, additional Auto Park projects, redevelopment of the Davies property adjacent to I-805, and implementation of the Main Street Master Design, which includes Main Street Landscaping Phase II and a comprehensive streetscape signage program for the area. Auto Park North SPA Property Mitigation Plan Page 1 CRAPFINALOSO/03 6//2/03 -, 1 I_; , ~~ ~ - -u ,^ Fallbrook Camp Pendleton ~... s 76 la Oceanside Car lsbad 'O Encinitas ~ Solana Beach n Del Mar n ~ La Jolla San Diego i No Scale Auto Park North Specific Plan /KO55 Frain St (oaunra'r CrmrilFigurrs~fig ! Rrg Alap i/19/Ol Rainbow Pala Valley Lake Renshaw Vista San Marcos Palomar Mountain Lake Wohllord HodgesN Bernardo Sutherland Reservoir Ramona 67 Poway San Vicente Reservoir 15 _ ~.[Zj EJ Capitan 7v , Reservoir Lakeside' Lake Jennings 52 805 Alpine Santee 125 '1 1~ a EI Cajon Loveland J Reserwir La esa 90 Jamul ~Sweehvater Reservoir ronado N C~yal ~~ PROJECT Chula vista SITE ~, Imperial s San Ysidro 1J.S•p`• Beach MEXICO Figure 1 Regional Location Map r: • ` j ,~ ~ n x]32 tl ~ ~ r 8 1' i~ _ Y' - po 506 i P Sc a 7 `• - I s ~ I !~ ~' s p as Y ,44 M q s~ ` 6 ~~, Ue Pa `~~ i Seh • a' r (-~ ''_ 3 ... y as - ... y%F; +~~^ x765 ;r~~j ~ ~ `~ ; ~ d ~ c - . ~ '~ ~ ~ PROJECT , s ~ ~. f g ~ ~ ~~-~~`' °-.~;q ` :~ ~ AREA ~ .. ~ ~ . _ ~ i ~ ... ~~, _r:: , ,,.; _ , z ,/~_ ~ ~t ~ Y ~. Tq - ~:~; . \ ~= q~ ~ ~ _ q - ~ ~~ SAN DIEGO= ~~ U ~e :;~~ ov~~ ,' :., ~` ~ ~ ' `~'' ~, ~ - _.1 to ~ . 805 ~ ~ ~ a ~~~_ ~ , ~-----' ' ~ : -~ o ~~ _ M= . n ~ 4 t O` zoo f ~ ~ ~ ~ ,~~ ~ O +4 ~ I ~~ 1~ .A " ~ / /i ~ r - ^ ,, yl Source: U.S.G.S. Imperial Beach. CalitomiaBaja California, Norte 7.5' Quadrangle, Photorivised 1975 0 2000 Feet ~~~ Figure 2 Project Area Auto Park North Specific Plan I KO55 Main Sr. Canurrrn:r CrnrrriFigurrslFig 1 Praj Arra SR9/0/ Page 7 1.1 PURPOSE OF THE REPORT This CRAP sets forth specific actions to be conducted by OMV II and/or KRA in accordance with the Polanco Redevelopment Act, the Unified Agency Review law, other state and local laws, and policies of the RWQCB, as applicable. The Polanco Redevelopment Act (AB 3193 and SB 1425), hereinafter referred to as the Polanco Act, applies to properties throughout the State of California that are within identified Redevelopment Areas. The Polanco Act is applicable to properties that have been environmentally damaged, commonly known as brownfield sites. Subsequent property owners, developers, and lenders can then develop these sites because liability for the parties that did not cause the site impacts is limited under the provisions of the Polanco Act. Use of the Polanco Act would reduce the liability of future property owners from former environmental impacts related to historic activities that occurred on the site, while allowing for development of an economically viable use of the property and consequently contributing to the tax base of the City of Chula Vista while enhancing another portion of the OVRRA. Use of the Polanco Act would not release the current or former property owners and responsible parties from liability. 1.2 PROPERTY IDENTIFICATION The 38.81-acre project site is located at 4826 Main Street (formerly Otay Valley Road) in the City of Chula Vista, San Diego County, California. The site is on the north side of Main Street east of Highway 805, between Brandywine Avenue and Maxwell Road. The site has APNs 644- 041-01 to 644-041-19. 1.3 CURRENT STATUS OF THE SITE Currently, the site is undeveloped with rough graded pads that were constructed in 1981-1982. These pads will require additional grading to prepare them for development. Within the site boundaries are one paved road, Delniso Court, and one ungraded road, Roma Court. The applicant for the proposed action has a submitted Development Processing Application Form on file with the City of Chula Vista (August 9, 2002), and an Initial Study (September 4, 2002). A revised Development Processing Application Form and Initial Study were submitted to the City on January 15, 2003. Page 4 Auto Park North SPA Property Mitigation Plan CRAPF/NALO50/03 6//2/03 1.4 NEED TO MITIGATE The soil and groundwater at the site were impacted by historical industrial operations on the property. In 1981-1982, a major remediation was performed. The soil from beneath the liquid waste ponds was excavated and placed in an on-site engineered containment cell. The containment cell parcel, approximately five-acres in size, is covered by WDR 97-40, which is the RWQCB's regulatory tool for administering post-closure land use, maintenance, and monitoring of the containment cell parcel. Subsequently, numerous assessment and remediation activities were conducted at the site and surrounding facilities, particularly to focus on groundwater impacts. The RWQCB prepared a draft Cleanup and Abatement Order (CAO) to formalize a containment zone application but subsequently asked Darling International to provide additional information before issuing a revised and final CAO. The property was sold before Darling International could provide the information. Based on a meeting with the RWQCB on December 17, 2002, the RWQCB anticipates issuing a new CAO, which will more definitively address the obligations of the current owner, OMV II, with respect to the ground water impacts described above. • The residual groundwater impacts of the Containment Cell are monitored semiannually on a voluntary basis, in a fashion consistent with Program No. 97-40. _.-_._ • Auto Park North SPA Property Mitigation Plan Page 5 CRAPFINALOSO/03 6/12/03 • This page intentionally left blank. • • Page 6 Auto Park North SPA Property Mitigation Plan PMPF/NALclean21803 2/28/03 • CHAPTER 2.0 PROPERTY BACKGROUND Various distinct industrial activities took place on the property over its history. Past operations on the site included: • Animal rendering plant, • Automobile wrecking yard • Class I trucking operations, and • Class I liquid waste disposal. These past activities are described below. 2.1 SITE HISTORY Animal Rendering Plant, 1947-1982 • Omar Rendering Company (Omar or Omar Rendering) opened an animal by-products processing plant at the site in 1947. Before the plant closed in 1982, animals and animal by-products were processed at the plant to produce bone meal and tallow. The rendering plant was situated on the southeast quadrant of the property. The available information indicates that wastewater from the rendering plant and plant wash-down operations were initially discharged to the natural drainage system (a tributary to the Otay River) that traversed the property. This wastewater primarily contained soluble proteins and fat. Later, the plant disposed of its nonhazardous wastewater in on-site lagoons, a practice authorized by RWQCB Resolution 59-R2 (RWQCB, 1959a). In the early 1970s, an aeration system was installed in the rendering wastewater ponds to abate odors. The rendering wastewater ponds and aeration system operated until the plant was connected to the sewer system in 1978. In approximately 1978, Omar terminated its use of the lagoons and proceeded to discharge its wastewater directly to the city sewer. In response, the RWQCB issued Order No. 78-56, which rescinded Resolution 59-R2. After closure of the rendering plant in 1982, all physical structures were removed. • Auto Park North SPA Property Mitigation Plan Page 7 PMPFlNALclean12803 1/28/03 • Auto Wrecking Yard, 1958-1964 Between 1958 and 1964, anauto-wrecking yard was operated on the southwest quadrant of the site. This operation is visible in aerial photographs taken between 1958 and 1964 (IT, 2000a). Class I Trucking Operations,1950s-1978 In the 1950s, Omar began operating a fleet of trucks to transport Class I wastes. These trucks received liquids from several waste-producing companies and delivered them to the Mission Bay Landfill in San Diego. This liquid waste was temporarily stored on the site in holding ponds. Three underground storage tanks (USTs) containing diesel fuel and gasoline were located on the north side of the rendering plant and were used to support the trucking operations. These tanks were removed in 1987. During removal, one of the gasoline tanks was found to be leaking (Dames & Moore, 1989). This release was subsequently investigated, and impacted soil was removed from the tank excavation (Woodward-Clyde Consultants, 1987; Dames & Moore, 1989). The County of San Diego Department of Environmental Health (DEH) closed the UST regulatory case with a determination of "no further action required." Class I Liquid Waste Management Operations, 1958-1978 In approximately 1958, in response to the closure of Mission Bay landfill, the owner of Omar Rendering constructed waste disposal ponds for the purpose of receiving industrial wastes from third parties. In 1959, the RWQCB adopted Resolution 59-R15, which allowed the discharge of Class I liquid industrial wastes at the Omar Rendering property. Two impoundments were built on the northwest portion of the property in 1959 (Figure 4). The California Department of Water Resources (CDWR) conducted a field and laboratory-testing program for these facilities in the spring of 1959. The CDWR concluded that these impoundments were adequate for discharge of Class II and III wastes, but that they were not adequate for disposal of Class I wastes unless additional measures were incorporated into the design of the impoundments. Specifically, the report recommended that the impoundrnent walls be made impermeable, and that groundwater be monitored for potential impacts. Engineering-Science, Inc., of Pasadena, California, was retained to provide recommendations regarding the construction of Class I waste impoundments. The first Class I surface C] Page 8 Auto Park North SPA Property Mitigation Plan PMPF/NALclean21803 2/28/03 • impoundment was built on the northeast portion of the property and measured 52 feet wide and 105 feet long. It was excavated to a maximum depth of 7 feet below ground surface (bgs) on its uphill (north) side. It was reported that the base and walls of the surface impoundments were lined with clay soils having a hydraulic conductivity similar to those tested during the CDWR 1959 investigation of the site. The impoundment was filled with a subdrain beneath the clay liner to provide early detection should any leakage occur. The CDWR and RWQCB also provided design recommendations, reviewed the completion of the surface impoundment, and later recommended that the facility be approved as a Class I disposal site. The RWQCB gave formal approval for the waste management unit to accept Class I waste on November 16, 1959. Ultimately, six impoundments were built on the site by 1970. Discharge records on file at the RWQCB suggest that over 1,000,000 gallons per year of wastes were disposed of in the Class I operations. In August 1978, the site ceased receiving Class I waste, the residual fluids were removed from the six impoundments, and the surface impoundments were temporarily covered with fill soil until a closure plan could be developed. The discharge records and the results of chemical testing of soils and sludges performed when the facility was closed indicate that the waste consisted primarily of alkaline and acid fluids, although lesser amounts of chlorinated solvents, chlorinated pesticides, polychlorinated biphenyls (PCBs), petroleum wastes, and organic waste were apparently also discharged into the impoundments (Dames & Moore 1989). 2.2 SOIL REMEDIATION AND REGULATORY HISTORY In August 1978, the site ceased receiving Class I waste. In approximately 1981, after the waste discharge operations ceased and following approval of the closure plan by the RWQCB in 1980 (RWQCB Order No. 80-06 -Closure Requirements for the Omar Rendering Company Dumpsite in the Otay River Valley), the contents of the six Class I ponds were removed and disposed of off-site. BKK Corporation extracted and transported the residual liquids from the six surface impoundments to their disposal site in West Covina, California. The underlying impacted soil (i.e., soil from beneath the Class I ponds) was excavated and placed in a lined and capped containment cell in the northwest corner of the site. The depth of the excavation of the soil from the wastewater ponds ranged from 25 to 35 feet below the bottom of the impoundments and in some areas was 65 feet below ground surface. U Auto Park North SPA Property Mitigation Plan Page 9 PMPFlNALc(ean21803 2/28/03 The on-site clay-lined containment cell was excavated to depths between 18 and 65 feet below ground surface before the impacted soil was placed in it. A 3-foot-thick clay liner was placed at the bottom of the cell. The sides of the cell also had a 3-foot-thick clay lining. Finally, a 3-foot- thick clay cap was placed on the top of the containment cell. When the clay cap was completed, an additional cover of soil between 7 to 10 feet thick was placed on top of the 3-foot-thick cap. Therefore, the impacted soil is covered by approximately 10 to 13 feet of soil with the lower 3 feet being the clay-lined material. The remainder of the site was subsequently graded and clean fill soil was placed over the former pond areas. Approximately 580,000 cubic yards of soil were moved in re-grading the entire site and placing the residual impacted soil in the containment cell. The containment cell has since been maintained and monitored per RWQCB Order 87-141 (Waste Discharge Requirements for the Omar Rendering Company Closed Class I Disposal Site, including Technical Change Order No. 1, Monitoring and Reporting Program) and subsequent amendments (RWQCB Order No. 97-40 -Waste Discharge Requirements for Closure and Post- Closure Maintenance for the Class I Waste Management Containment Cell, Omar Rendering Facility, Darling International, including the Monitoring and Reporting Program [97-40]). The Waste Discharge Requirements (WDRs) include the following activities: (1) site maintenance; (2) National Pollution Discharge Elimination System (NPDES) storm water monitoring and reporting and (3) groundwater detection monitoring and reporting. In past maintenance reports prepared for the site, no significant maintenance issues have been identified. The containment cell cap and grounds must continue to be maintained in good condition and the reports indicate that they have been adequately maintained since site closure. The second WDR component, the NPDES storm water monitoring and reporting plan, was prepared by the IT Corporation (July 2000) and is being implemented. The third component of the WDRs is the groundwater detection monitoring and reporting program. This program involves semiannual monitoring of four groundwater wells. In addition to these 4 required wells, an additional 11 wells are monitored on a voluntary basis. Monitoring activities conducted during the last 15 years indicates that the containment cell has not released constituents of concern to groundwater (IT Corporation 2000a). However, RWQCB Order 97-40 requires the continuation of groundwater monitoring for the duration of the permit. • Page 10 Auto Park North SPA Property Mitigation Plan PMPF/NALclean22803 1/28/03 • 2.3 PROPERTY INVESTIGATIONS The consultants for Darling International collected and analyzed an extensive set of soil, groundwater, and soil vapor samples in 1988-1989 (Dames & Moore 1989, 1990a) and mid-1995 (Dames & Moore 1995a, 1996). The site assessment data were used to perform human health risk assessments in 1989 (Dames & Moore 1990b, 1991) and 1996 (Dames & Moore 1995b; Risk-Based Decisions 1996a). Site-specific assessment activities have included the following: • 1988-1989 site assessment (Dames & Moore 1989) - 4 exploratory borings in the upper pads, with soil and vapor sampling. - 52 shallow vapor probes in the upper pads. - 20 shallow vapor probes in the lower pad. • 1995 site assessment (Dames & Moore 1996) - soil vapor samples collected via surface flux chambers, 201ocations - soil vapor samples collected from downhole vapor flux chambers, 6 soil borings (35 samples) - soil vapor samples collected from soil borings, 18 soil borings (72 samples) • Multiple groundwater investigations (Dames & Moore 1989, 1990a, 1995a, 1996; Kleinfelder 1992a, 1992b; Risk-Based Decisions 1996b; Woodward Clyde Consultants 1990a, 1990b) - placement of 18 on-site wells - placement of 12 off-site wells Please refer to Figure 6 for the locations of the monitoring wells. Site assessment activities detected various chlorinated solvents across the site in soil, soil vapor, and groundwater (primarily methylene chloride, chloroform, 1,1,1-trichloroethane, carbon tetrachloride, trichloroethene, tetrachloroethene, and 1,1-dichloroethene). Infrequent detections of other volatile organic compounds (VOCs) such as freons and benzene, toluene, ethylbenzene, and xylenes, were also detected (Risk-Based Decisions 1996a). DTSC reviewed the risk assessments in 1996 and concurred with the conclusion that concentrations of chemicals in the soils and groundwater at the site were below risk-based levels for a commerciaUindustrial future use. The Auto Park North SPA Property Mitigation Plan Page 11 PMPFlNALclean11803 1/18/03 site was not assessed for residential use. Darling International subsequently submitted a Containment Zone designation request to address the issue of groundwater restoration and to formally propose institutional controls for residual groundwater impacts. The RWQCB responded favorably but requested additional information to complete the request, including re- delineation of the groundwater plume. Subsequent to OMV II acquisition of the property, the RWQCB requested updated groundwater concentration information from off-site locations and new groundwater data west of the site (IT 2000b). The latest groundwater assessment was prepared in July 2002 by Shaw Environmental and Infrastructure. Additional groundwater assessment is planned for early 2003. These site assessment activities detected various chlorinated solvents across the site in the soil, soil vapor, and groundwater. Since 1991, there have been three separate Health Risk Assessments (HRAs) done at the Darling site. Dr. Cheng L. Liao, Staff Toxicologist for the Office of Scientific Affairs (OSA), DTSC, in a memorandum dated June 6, 1996, stated " ...the 1991 Health Risk Assessment document for the former Omar rendering site was previously deemed complete by the DTSC (OSA's memorandum dated April 24, 1990 and August 30, 1994). Subsequent to the 1994 HRA, Region 4 staff felt that the risk • assessment might have been based on incomplete information." Therefore, additional collective data were then evaluated in a risk assessment study prepared by Risk-Based Decisions in 1996. Risk-Based Decisions concluded that residual concentrations of chemicals in the groundwater, soil, and soil vapor did not pose any significant human health risk for commercial or industrial workers. The DTSC concurred with the risk assessment. Dr. Liao stated at the conclusion of his 1996 memorandum that " ...the submitted document is clearly well-written and well-organized and contains essential components for a health risk assessment. Thus, the health risk assessment for the Omar site is deemed complete." In his conclusion, Dr. Liao recommended that a deed restriction be placed on the property to prevent future use of the site for residential purposes because residential uses were not evaluated in the 1996 risk assessment. Dr. Liao's conclusions on the HRA were reviewed and concurred by Dr. Deborah Oudiz, Senior Toxicologist in the OSA. The definitive conclusion of the 1996 HRA and its subsequent reviews by the DTSC is that the soil at the Omar/Darling site is suitable for commercial and industrial development. Because of the history of impacted soil at the site, • Page 12 Auto Park North SPA Property Mitigation Plan PMPFINALclean21803 1/28/03 • the RWQCB requested that a Soil Management Plan be prepared as a contingency for future intrusive construction activities. Dr. Liao's 1996 memorandum is contained in the Soil Management Plan in the appendix of this report. Additionally, Risk-Based Decisions (1996) had previously determined that it was not reasonable or economically feasible to achieve water quality objectives by means of active remediation. Remediation of VOC and total dissolved solids (TDS) impacts is not practical for a number of reasons, including the natural TDS of the aquifer that makes the groundwater non-potable; the aquifer characteristics; and the tight, clayey soils that underlie much of the area. Monitoring well data indicate that groundwater contaminant concentrations have been stable or decreasing and are the reason the former owners of the property applied for a containment zone application. The present owners wished to supply the additional information requested by the RWQCB or re- apply for the Containment Zone (CZ). The RWQCB directed that a Feasibility Study (FS) be prepared to evaluate whether new groundwater treatment technologies made treatment more practical or cost-effective than in the past. The FS is in the process of being updated, and will be submitted by OMV II to the RWQCB. The groundwater conditions on-site are an unresolved regulatory issue. The site-specific human • health risk assessment prepared by Risk-Based Decisions (1996) concluded that the planned use of the site for light industrial purposes did not pose an unacceptable human health risk and that development could proceed while groundwater assessment and monitoring continues. The RWQCB is the lead agency for the continued groundwater assessment and monitoring. It is unlikely that active remediation will be required at the site. However, any additional remediation that is required by the RWQCB could be done even if the property were developed. • Auto Park North SPA Property Mitigation Plan Page 13 PMPFINAL,clean11803 2/28/03 • This page intentionally left blank. • Page 14 Auto Park North SPA Property Mitigation Plan PMPF/NALclean11803 2/18/03 CHAPTER 3.0 FUTURE CONSTRUCTION AND LAND USES • 3.1 PROPOSED SITE PLAN Two development options are proposed for future use of the property, and both involve auto- related uses. Option 1 would result in the creation of 11 lots, while Option 2 would allow for the development of 7 lots by consolidation of lots 3-7. The Specific Plan proposed for the Property identifies 11 lots to be created on the property in Option 1. Under Option 1, Lot 1 would be for an auto dealership with associated vehicle parking, a showroom, offices, and service bays. Lot 2 would be for excess inventory parking. Lots 3 through 7 would be for auto-related uses, and each lot would contain a small building and associated parking. Lots 8 and 9 would be designated for inventory parking. Lots 10 and 11 would each contain an automobile dealership with vehicle parking, a showroom, offices, and service bays. Specific businesses that would use these lots would be determined later in the planning process. Table 1 outlines the relevant project data for these lots using Option 1. Table 1. Proposed Site Plan Uses -Option 1 • Lot Number Gross Acreage Bldg. Sq. Ft. Parking Spaces Proposed Uses Lot 1 4.41 25,650 322 Auto dealership with service department and inventory and customer arkin Lot 2 5.0 None 428 Invento arkin Lot 3 2.4 16,100 50 Auto related commercial/retail Lot 4 1.26 11,250 39 Auto related commercial/retail Lot 5 1.26 10,500 39 Auto related commercial/retail Lot 6 1.24 8,250 36 Auto related commercial/retail Lot 7 2.35 12,650 56 Auto related commercial/retail Lot 8 2.38 None 340 Invento arkin Lot 9 1.89 None 236 Inventor arkin Lot 10 6.67 39,800 468 Auto dealership with service department and inventory and customer arkin . Lot 11 6.45 34,200 456 Auto dealership with service department and inventory and customer arkin . Total 35.31 158,400 2,470 Under Option 2, Lot 1 would be used for an auto dealership with associated vehicle parking, a showroom, offices, and service bays. Lot 2 would be for excess inventory parking. Lot 3 would Auto Park North SPA Property Mitigation Plan Page 15 PMPFINALclean22803 I/28/03 • be for auto-related uses, with one large building covering much of the lot, and with associated parking. Lots 4 and 5 would be designated for inventory parking. Lots 6 and 7 would each contain an automobile dealership with vehicle parking, a showroom, offices, and service bays. Specific businesses that would use these lots would be determined later in the planning process. Table 2 outlines the relevant project data for these lots under Option 2. Table 2. Proposed Site Plan Uses -Option 2 Lot Number Gross Acreage Bldg. Sq. Ft. Parking Spaces Proposed Uses Lot 1 4.41 25,650 322 Auto dealership with service department and inventory and customer arkin Lot 2 5.0 None 428 Invento arkin Lot 3 8.49 93,450 205 Auto related commercial/retail Lot 4 2.38 None 340 Invento arkin Lot 5 1.89 None 236 Invento arkin Lot 6 6.67 39,800 468 Auto dealership with service department and inventory and customer arkin Lot 7 6.45 34,200 458 Auto dealership with service department and inventory and customer arkin Total 35.29 193,100 2,457 • Existing zoning on the property is General Industrial and the proposed auto-related uses are consistent with the zoning classifications, and uses on surrounding properties that have the same designations. The property is also subject to the requirements of a Specific Plan in the city of Chula Vista; a Specific Plan application has been submitted separately from this document. The project site is located within the OVRRA in the city of Chula Vista. The OVRRA has established goals, policies, and objectives intended to eliminate blight and provide for orderly development and growth. The redevelopment plan sets urban design standards and specific land use goals that are supportive of industrial uses. Redevelopment of the project site would result in positive economic benefits to the city of Chula Vista. The addition of industry-related development on the currently vacant property would enhance the attractiveness of the area to consumers and result in increased local business to the community and tax revenues to the city of Chula Vista. Upon completion of construction, the uses that would be allowed by the City of Chula Vista for the site include the following: automobile dealerships, after market automobile accessories, automobile detail shop, tire store, custom wheels, used car sales/specialty used car sales, rental • Page 16 Auto Park North SPA Property Mitigation Plan PMPF/NALclean11803 1/18/03 • car agency, collision repair facility, auto finance and leasing office, restaurant/delicatessen, car wash, tube store, muffler shop, auto parts store, auto glass repair, auto glass tinting, auto upholstery shop, auto tuning, recreational vehicle sales, parts and service, truck rental, trailer rental, motorcycle retail store, all terrain vehicle retail sales, transmission repair facility, automobile audio and video display sales, installation, and service, and warehouse for automobile parts and inventory. 3.2 THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCESS The project is currently undergoing environmental review through the City of Chula Vista under the California Environmental Quality Act (CEQA) process. Based on the State CEQA Guidelines, once a project has been determined to be subject to CEQA, an Initial Study (IS) is prepared. An IS is a preliminary analysis to determine whether an Environmental Impact Report (EIR), a Negative Declaration (ND), or a Mitigated Negative Declaration (MND) is required. If the Initial Study finds that a project could have a potentially significant effect on the environment that cannot be mitigated through changes to the project, an EIR must be prepared; otherwise a ND or MND may be prepared. • A draft Environmental Checklist Form (ECF) and an IS were prepared for this project and were submitted to the City of Chula Vista for review in August 2002. Revisions were made based on comments made by the City and recent changes to the site plan. The draft ECF and IS documents were revised in January 2003 and are currently under review by the City of Chula Vista. The environmental issues addressed under the CEQA process in the draft ECF for the Property include the following: land use and planning, population and housing, geophysical, water, air quality, transportation/circulation, biological resources, energy and mineral resources, hazards, noise, public services, thresholds, utilities and service systems, aesthetics, cultural resources, paleontological resources, and recreation. Of these issues, the draft ECF recommends mitigation measures in the following areas to alleviate potential environmental impacts: aesthetics, air quality, geophysical, hazards, transportation/circulation, and water. No significant impacts were identified for the remainder of the issues; therefore, mitigation measures are not recommended for them. • Auto Park North SPA Property Mitigation Plan Page 17 PMPPINALclean11803 1/28/03 • Aesthetic impacts will be mitigated by the implementation of a lighting plan to reduce light and glare. Air quality impacts will be mitigated by use of standard dust abatement procedures during the construction phase of the project. Geophysical impacts due to expansive and compressible soils on the site and due to possible erosion will be mitigated by measures specific to grading and fill operations, footing and foundation structural design, and by the use of best management practices to reduce erosion. Transportation and circulation impacts will be mitigated through construction of street improvements, such as series of turn lanes and installation of new traffic signals to assure smooth flow of traffic. Continued groundwater monitoring and the preparation of a Stormwater Pollution Prevention Plan (SWPPP) that identifies best management practices to limit surface runoff from the site will mitigate water quality impacts. The specific mitigation measures are identified in the Environmental Checklist Form. A series of technical reports were also prepared for the project, including geotechnical, traffic, biology, visual resources, cultural resources, paleontology, and noise. These reports are included as attachments to the Environmental Checklist Form. They include the following: • Geologic Investigation Report, Chula Vista Auto Mall, 2000 • Geotechnical Due Diligence Evaluation, 4826 Main Street, Chula Vista, California, 2002 • Biological Technical Letter Report, Chula Vista Auto Park North Specific Plan, 2001 • Visual Impact Analysis, Chula Vista Auto Park North Specific Plan, 2002 • Archaeological Survey Report for the Chula Vista Auto Mall, 2001 • Technical Report, Paleontological Resource Assessment, Chula Vista Auto Park North Specific Plan, 2001 • Noise Technical Report, Chula Vista Auto Park North Specific Plan, 2002 • Traffic Impact Analysis, Chula Vista Auto Park North Specific Plan, 2002 • Lighting Study, Chula Vista Auto Park North Specific Plan, 2002 Copies of these reports and the draft Environmental Checklist Form are available at the City of Chula Vista offices, Department of Planning and Building, 276 Fourth Avenue, Chula Vista, California 91910. Page 18 Auto Park North SPA Property Mitigation Plan PMPFINALclean11803 2/18/03 • 3.3 CONSTRUCTION/UTILITY PLAN The entire site is currently graded into five distinct topographic zones: the lower terrace adjacent to Main Street; three upper terraces (Terraces 1, 2, and 3); and the waste cell (See Figure 6). In 1986, Darling sold the property to Rio Otay Industrial Properties. Rio Otay subdivided the property into 17 lots and improved the site by constructing an on-site road - Delniso Court, with storm drains, sewers, water mains, and electrical lines. Roma Court was partially graded but was not paved at that time. In 1987, Darling purchased the property back from Rio Otay, after the RWQCB required a site assessment. In December 1999, Otay Mesa Ventures I, LLC purchased the property from Darling: The current owner, OMV II L.L.C., is the successor in interest to OMV I. Improvements on the site would involve the construction of three automobile dealerships on the lots closest to Main Street. The dealerships would include showrooms, offices, and service departments with service bays for auto repairs. Parking would surround the dealerships for customers and for dealer inventory. The central portion of the property and the containment cell in the northwest portion of the site would be paved and would be used for automobile parking for excess vehicle storage. No additional improvements, other than lighting necessary for security, would be involved on these lots. Lots at the exterior rear portion of the property would be for auto-related services, such as tire shops, auto detailing, auto supply sales, and similar uses discussed above, while the lots fronting Main Street would be for the three auto dealerships identified in the Specific Plan. Under Option 1, a series of five small buildings would be constructed for such uses on the rear lots, each of which would contain a small parking lot. Building sizes would range from 8,250 square feet to 16,100 square feet. Option 2 would involve the construction of one large building on the exterior rear lot with a total of 93,450 square feet of space. Auto-related uses similar to Option 1 would also be allowed under Option 2. The difference between the options is that five small buildings would be constructed in Option 1, while one large building of 93,450 square feet would be constructed in Option 2. Utilities needed for the project site include electricity, gas, water, sewer, and cable television. These utilities currently exist on the site in Delniso Court, so connections would need to be made to supply individual lots. The depth of excavation for water lines would be 4 feet. Depth of Auto Park North SPA Property Mitigation Plan Page 19 PMPF/NALcJean11803 1/18/03 • excavation for sewer lines would be 8 feet. Excavation for storm drains would vary from 3 feet to 10 feet in depth. Delniso Court, the primary access into the site that has been graded and paved, would remain as it is with minor finishing touches for driveways. Roma Court would be constructed as a part of the project. 3.5 FINAL SITE DESIGN Implementation of the final site design for the property would consist of the mix of uses identified in the locations previously discussed. Areas of soil that were formerly impacted existed in much of the northern one half of the property as documented through previous geotechnical reports and through historical photographs of the property. These areas have been remediated through the process addressed in detail above. In summary, this involved removal of these materials to proper disposal areas, creation of the clay-lined containment cell on the site, excavation of the impacted soil, and placement of the soil in the containment cell. Grading proposed for the project does not impact the former hazardous waste areas. The placement of an additional 3 to 9 feet of engineered fill would provide additional cover to the original 35 to 65 feet of clean fill that was used to build terraces I, 2, and 3, constructed during the soil remediation in 1981-1982. Uses proposed for the site, involving commercial and light industrial • uses and automobile dealerships, do not pose a health hazard to workers on the site based on the studies discussed above and concurred by DTSC. Excavation for utilities would not affect former hazardous waste areas, as the impacted soils in these areas were removed and were replaced with clean fill. The containment cell would not be disturbed but would be paved with an asphalt surface and would be used for storage of dealer inventory stock. Page 20 Auto Park North SPA Property Mitigation Plan PMPFINALclean12803 2/28/03 CHAPTER 4.0 PROPERTY MITIGATION 4.1 REMEDIATION EFFORTS/MITIGATION ACCOMPLISHED Because of the closure efforts in the early 1980s as documented above, there is little potential for people to encounter waste in shallow soil. The site was graded into five distinct terraces: the lower adjacent to Main Street; three upper terraces named Terraces 1, 2 and 3; and the containment cell. Figures 3, 4, and 5 are aerial views of the project site taken during various stages of operation - in 1957, in 1977, and a current view of the vacant site in 2001. Figures 6 and 7 contain cross sections that illustrate the containment cell. In 1980, the RWQCB issued Closure Order 80-06 with closure requirements for the Class I ponds. Darling International retained the engineering firm of Arevalo &Safino of San Diego (later Safino, Butcher, & Ormonde), to coordinate closure of the site. During the initial phase of closure, geologic investigation, soil engineering investigation, and chemical testing were • undertaken, focusing on the area of the six impoundments. The closure plan was completed based on these data and was approved by the RWQCB in June 1981. In accordance with the closure plan, residual waste and visually impacted soils were excavated and placed in a clay- lined containment cell on the northwest corner of the property (Figures 6 and 7). Representatives from the RWQCB, and Geocon, Safino, Butcher, & Ormonde supervised the excavations. The area of the containment cell was excavated to depths between approximately 18 and 65 feet bgs in an area previously occupied by the rendering/aeration ponds. Soils that were suspected to be impacted or were visibly discolored were removed, stockpiled, and later placed within the containment cell. A 3-feet thick clay liner was placed at the bottom of the containment cell. Auto Park North SPA Property Mitigation Plan Page 21 PMPFlNALclean11803 1/28/03 • • Auto Park North Specifrc Plan 1A148.4irn Park NonhlFiyures'Figun~ 3 Aerial 1957 (bra</rd/ 11//1/!x1 o~~wr....e n wrporauon ® Figure 3 Aerial Photo of the Site in 1957 Auto Park North Specific Plan No Scale • • Auto Park North Specific Ptan :KIQR Au/o Park Nor/RlFigumslFigure 4_4rria!l977 (brndivlJ 7?/t _'%ll? • • Auto Panic North Specific Pfart zooz~axt~ ano Par1c nwwihic~st~r aerial • This page intentionally left blank. • • Page 26 Auto Park North SPA Property Mitigation Plan PMPF/NALclean22803 2/18/03 ~~ ~~ ~~ ns' ~ °. u u~ S ,_...... ., -~pr r BRANDYW/NE ROAD D ' ~ ~'=k~ w .~.~~ . " "'T ~. /r .~~ . R'~, ., ~ .fir ~ i ~~y~. n' ~ I =~, ~.. ~~{ ~ h~ ~. g g 3 'I ~~~ ~~ ~I _ ~ L~ ..r I D ~ ~ ~ ~ ~ D ~~ ~' 00 ~ z~ ~ ~ ~ \ - ~ c ~ ~ ,.. .. I Ig i - ~ ,~ .:. ~ ~ ,; ~ I ~ 1 ~ ~ ~~ ~ ~ ~ ~ ~ n (~ I ° _ ~~- ~-- ~ ~ Z ~ ~ ~ ~~ ' ~ I~ ~ n O a I N o I I I ~ I y ROMA COURT ~ ~ ~ I ~ ~~ I ~~ ~/. O I ~' I I ~ II I.. ~ _. _,,,__ ... __,.r _ :~ ..,q vr~.. M . ~. if '~ 5.~~ O I I C ~ ~~ I ; ~~ b n O Quo Quo ~ 8 ~~ ~°~ ~ ~; $~ ~ ~~ g r ; n n ~ ~~ ~ ~ C m ~~ N O ~ ~ ~~o, S~ ~. Q a~ ~ ~~ ~ I I -, ~ r-= --=j- n ~ ', ~ fTl ~ _, I ~. _,__,__ __ w ~-~ ., i I N ~7 D f~Tl 1~€A ~~qa f ~~ ~~ ~, 9 r ~~a ~' R ., y ,,~ 7 ;, k+,: `~ ~ ~ i;i I I ~ I I i I I I s~ I~ .__ __J a D .~ ,r~~ ~:~~ ~~ ~,~ 1 ~ tY.... , ~ ~' ~' M y~ R~-~`~~ l ~ , ~fl~x r ..,:. `~ •, a jt ~ r, .. ,. . ~ ~ ~ i°. I~ ~ t ~~ z q i -~ ~~ ~ O a~ ~ ~o~ ~? ~ £I.EYAI~III tlil ~ a~ ~ ~ ~ c~.u w z i ~~ ~~ ' ~ ~ ~ ~ ~~ ~ $ ~ ~ ~~ ~~ ~ ~ , ao ~~` ~~~ - ~~ ~~ ,. ~~ ~~ . ~~~~ ~~r _ ~ ~~ d _. j p ~ ' ~! av Ow <Y r0~ ~ (~,y Gr ~ d ® d ~ ELEVAl10N IN FEET ~ ~ ~iEVAiiQN IN FEET w ~y ~ ~ c~,r c~iY d ~ ® ® ® o~ ~~ ~- ~;~. ,:'~ l {jl~ ~" ~~~ I ~, r ~~ ~ " ' i~ ' , ,- - 'G` I. :: ~ ~ m [ir +1 ~a rJy. ry ~ ® O d d Vy d ELEVATION IN FEET m z D~ a 0 I 1 1 ~ ` ~• ~°~ ~ ~$o ~~ I z~~ 8~ I o~> \ ~~ I ~Ntn Q ~ ~ rn ~ ~ _ I = ~>n \ ~ 1 mAr cn p Z I Ngr I z~ _ o I ~ QQ 1 $ 2 - ; 00 ~1 Ul ~l 1--~ ~ t0 N-_.~' J O O O O p~ ELEVATION IN FEET ELEVATION !N FEET c~ oa ~u ~ 6 o r`s a o o ~ ~- r ' ~+ l ` t - . _ `-`` ~~ ". ~'- f ~ ~ ~ ~ _ ~ ' ~ . ' ,~ ~ ~ . g Vii _ ~,, ;, , ~- -~ I I m I ~l I I ~ Q Z ~ ; ~ ~ ~I The sides were lined with clay during placement of the waste materials. The north, west, and south walls were constructed at slopes of 2:1 (horizontal to vertical) and were sloped away from the center of the containment cell. The east wall was constructed at an angle of approximately 1.5:1 and sloped inward towards the center of the containment cell (Section A-A, Figure 7). After placement, the clay liner was tested for permeability that ranged between 10.6 and 10~g centimeters per second (cm/s) (Geocon 1982). A final cover between 7 and 10 feet thick of compacted soil was placed over the top of the containment cell. All finish grades were sloped to provide drainage of surface runoff away from the containment cell. Approximately 580,000 cubic yards of soil were moved during the circa 1981 soil remediation project. In the upper terraces, the area beneath the former ponds was excavated to a depth of 25 to 40 feet. Clean fill soil was placed above the in situ soil (see cross sections in Figure 7). On the basis of soil vapor, soil, and groundwater samples collected between 1989 and 1996, Risk Based Decisions (1996, 1998) concluded "there is not a significant mass of chemicals remaining in soil that could serve as a continuing source either down to groundwater or as emissions up to the surface." There are also residual groundwater impacts beneath and downgradient of the former Class I ponds (IT 2000b). • 4.2 WORK TO BE COMPLETED/MITIGATION MEASURES TO BE IMPLEMENTED 4.2.1 Soil Work for Development -- Grading and Soil Management Plan Knowlton Realty Advisors, the designated developer of the property intends to modify the existing graded pads to accommodate the proposed development: a series of auto dealerships and auto-related uses. The proposed grading plan (Plan) for the property is presented in Appendix C. On-site grading as detailed in the Plan would be balanced, with no export of soil anticipated. Grading would be performed as necessary for the auto-related uses, primarily for the auto dealership buildings and adjacent parking lots for dealer inventory. Additional paved parking lots for storage of dealer stock would also be provided on-site, and other buildings would be constructed on the site for retail auto-related uses as detailed in the attached site plan. A total of 126,900 cubic yards of grading will be required for final site design, which includes 83,250 cubic yards of cut and 43,650 cubic yards of fill for the entire site. All cut and fill on the • Auto Park North SPA Property Mitigation Plan Page 29 CRAPFINALOSOl03 6//1/03 ® site will be balanced and no soil will be exported off-site. The average cut slopes will be 4 to S feet, with maximum depths of cut slopes, in a limited area along the east property line, at 11 to 12 feet (see digitized cut & fill map). Maximum height of fill slopes from the toe of the slope on the lower portion of the property to the top of the slope on the upper terrace is approximately 40 feet. On the containment cell, it is anticipated there will be a maximum cut of 2 to 8 inches on center of the southern portion of the cell and the balance of the containment cell will have additional fill placed from 6 inches to 2 '/z feet. At the northeast and northwest corners of the containment cell the fill material will amount to 4.1 to 5.6 feet. The on-site grading will not disturb the containment cell contents, but will provide additional material to better isolate the material that was placed in the containment cell in 1981-82. Other on-site grading that will need to take place includes excavation for water and sewer lines, and for the storm drain system, as detailed above. The grading and improvement plans for the containment cell parcel would be reviewed and approved by the RWQCB as a modification to the WDR 97-40 discussed below. The Department of Environmental Health of the County of San Diego (DEH) will be requested to oversee the grading that will be approved by the City of Chula Vista's Engineering Department. This CRAP presented to the RWQCB will also be presented to the DEH to provide a plan for the project. The DEH will be notified prior to the start of the grading work, so that representatives of DEH can observe work as desired. Upon completion of all the soil related work described in the CRAP, Knowlton Realty Advisors will prepare a report detailing the work conducted, and noting the management of any impacted soil discovered (if applicable) during the grading activities. Approval by DEH of this report for these CRAP activities will be sent to the RWQCB, the city, Knowlton Realty Advisors, and OMV II. The RWQCB will send a letter within 60 days of notification by DEH to report the attachment of the immunities provided under the Polanco Act (as they relate to the shallow soils.) 4.2.2 Long-Term Mitigation Containment Cell The work to be completed for the waste management cell consists of on-going monitoring and maintenance. The RWQCB prepared a set of WDRs for the waste management cell. These requirements were originally stated in RWQCB Order No. 87-141, which was subsequently replaced in 1997 by RWQCB Order No. 97-40 (Waste Discharge Requirements for Closz~re and Post-Closure Maintenance for the Class I Waste Management Containment Cell, Omar • Page 30 Auto Park North SPA Property Mitigation Plan CRAPF/NALO50103 6/!2/03 Rendering Facility, Darling International, which includes Monitoring and Reporting Program 97-40). The RWQCB Order No. 97-40 WDRs include requirements to perform the following activities: • Site maintenance • NPDES storm water monitoring and reporting • Groundwater detection monitoring and reporting Past maintenance reports have not reported any significant maintenance issues, with the exception of trespassing, vandalism, and minor surface erosion. OMV II maintains the containment cell cap and associated grounds in good condition, in accordance with RWQCB Order No. 97-40. The WDRs in RWQCB Order No. 97-40 state that the surface drainage from the containment cell is subject to State Board Order No. 91-13-DWQ, NPDES General Permit No. CAS000001 (Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities) (State Board Order No. 91-13-DWQ was updated • and replaced by State Board Order No. 97-03-DWQ); however, Darling International did not prepare or implement an NPDES surface water monitoring program. Grading of the containment cell associated with the redevelopment of the site is anticipated and will require modification and possible re-issuing of the WDR permit. On May 19, 2000, OMV I submitted a Notice of Intent (NOI) to prepare a SWPPP and a SWMRP, and implement the plans. The SWPPP was completed in July 2000 (IT 2000b). The monitoring and reporting plan per RWQCB Order No. 97-40 requires semiannual monitoring of four groundwater monitoring wells ("Program wells"). Previous monitoring conducted over the past 15 years has concluded that the containment cell has not released constituents of concern to groundwater. OMV II has been performing groundwater monitoring in accordance with RWQCB Order No. 97-40 (IT 2000b). Groundwater Groundwater beneath the site has been affected by previous operations and requires mitigation. OVM II has received aClean-up and Abatment Order (CAO) from the RWQCB dated March 27, 2003. The CAO is attached (Appendix 4) and formalizes the requirements for addressing the • Auto Park North SPA Property Mitigation Plan Page 31 CRAPFlNALO50l03 6//2/03 • remediation and long-term management of the ground water impacts. The requirements of the CAO will be the responsibility of OVM II under the oversight of the RWQCB. This CRAP will serve as the governing document for the implementation of the tasks under the CAO. The CAO requires that OVM II submit various workplans related to investigation and selection of a final groundwater remedy for the Site. As the RWQCB reviews and approves these workplans, the workplans will be incorporated into this CRAP as addenda. Once all of the workplans required by the CAO have been approved, this CRAP shall become the final approved RAP for the Site. 4.3 CONSTRUCTION CONTINGENCY CONTROLS The site soils have been remediated and impacted soils are not expected to be encountered in any of the anticipated grading activities. As a contingency, a Soils Management Plan has been prepared (Appendix 1) in the unlikely event suspected potentially impacted soils are discovered during grading and construction. Construction activities have been planned so that grading will be balanced on the site. Soil may be reused on-site without restriction, unless it is identified as impacted. During excavation activities, construction personnel shall use practical screening procedures to monitor for any conditions that may trigger implementation of the Soil Management Plan. Page 32 Auto Park North SPA Property Mitigation Plan CRAPFlNAL050103 6/12/03 • • • This page intentionally left blank. Auto Park North SPA Property Mitigation Plan PMPF/NALclean11803 1/28/03 Page 33 • APPENDIX B DTSC MEMO REGARDING RISK ASSESSMENT • 1~SDIEFPI\COMMON\OMAR\.SO[LPLAN\P[AN_A.DOC .. ,.. .. ~ ~ z . ~yl - EM'DtOM.t~.TnL PRO7E~.^1101• AG~1CY . J - - .~ r PEA J 7 D~~~a~~o~c~~~i~s~~ou~aL - _ ~~~ . - . t~Vlllr 1-W t 7 ~`~"'~ BERI~LEY. CAIJFC~RMA 94710 ; O _ _ - ~, ~{ °.;, (S10) 540•Z122 .,__: zr T` _ ` . _ ~_ - . °. _: _ ~, . ~ E Ivy ~; .;. ORANDUM ~<~'~- '~'~~ `i •- - T0: Safouh Sa ed - t~ ~~ Y ~` ~='... Site Mitigation Branch ~ -~_ '>Region 4 .. -. rF,. - ~'~;~~_ -• Z45 hl. Broa_d_way, Suite 3S0 - ~ . n. 4 'Long Beach. ~ CA 90802 _ ~ ,{ ~: Y., PROM : Cheng L . Liao , Ph . D . , DAET~ ~~:'~~.: ~; ~ - Staff Toxicologist _ VV ~ - ' _ ~ Office of Scientific Affairs - - -'~`- ~: 400 P Street, Fou=th Ploo-' P.O. Box 806 - _ _ Sacramen_~o, CA 95812-0806 _ `' - T rt .. '~t < - DkTE; June 6, 39SS Si?BJEC'T; Omz= Rendering Site - Chula vista, C,t. ~ - • PCA 1? 045, Site 400109-00 - `:;, SAC7CGROII2rD ;~. , , T_~e 1993 Hee.lth Risk Assessment (b"Rp,) .document for the +.- , wormer Omar Rendering Site was previously deemed complete by DTSC " (OSA's memoranda dated April 29, 1°90 a_~d August 30, 1994). Sub-egiaent_y, DTSC Region 4 staff detezZtLaed that~the risk assessment might have been based an incomplete infozmation. The tea= site has now submitted an "Addendum to Site Investigation • znd Risk Assesstnent~~ document, presented a6ditional site characterization data and evaluated resu~zing potential health risks. You rernsested the Office of Scientific Affairs (OSA) to review the submitted document and detezmine whether the new health risk assessment is complete. _ DOCO?~iT REV~WED • "Addendum CU Site Investigatiori and Risk Assessment for the Former Omar Rendering Site, Chula V:.sta, CAN , Volumes I . PrebarE~d for Darling International Inc., by Ri6k-3a5ed.17eci6ions, Inc_, ~;ac=am~nco, CA, April 1996. -='• June 6, 196 ~" ~ GAL COMMENTS ~_ O'veYa11, the document is clearly wr tten acid well-organizes. ~~~~Tt con~a~ns essential elements fo_ a hee_th risY. assessment. The neu, 1395 site investigation results arE clearly presented and appear to be comp~.ete. However, since there was no site visit by the staff of OSk anti we have .not scrutinized the samPlins of enrironmentalQmedia and qu22ity assurance procedure, we mus: re?y on your judattt_nt tha_ the data containec ir. the report accurately reflect the extent and magnitude of contacrinat_oa at ~he s_te. SPSCZF7.C CobibSENT5 Ti,e docurnen~ was reviewed nor scienti=ic content. ~= ~ Grauazticz', a=rots o= ,minor eri_;.ing _lzks that do not a`fecc the ~• interpz'etstion h2ve not been noted, t~*i,th regards to various elements of health risk assessment, we have the fo?loc;ino specific cvmmen~s: ~ - 1. Chet~~ r_a? s o, Co*~ce *-^ t COCA l • As a. part of the 1988-E; si4e zvestiaacion s e ,. _ hnl].oc: so;l eras 2.-'~~_ys_s were car_ied out ac-oss t*ie Upper pyc and ;,o~;e= PaII (Sett.~on 2.~.2).~ VOCs ue.e de-e^-ec _Z both a_eas. Vinyl chloride was ilot detected s, the-Upper Pad buC war found i. a single sample (1.4 ppm) out of 2i 5amales analyzed for tze Love= ?za. This is the primary reason for cne 1995 site =einve~~t_gation. - Section 9 presented the results aad inte~-pretz~ien of the 1995 site investigation. A fairly comprehensive sampl_ng and chemical analyses we.e carried out for groundwate=, soi? gaE, dok-nc~le flu.~c, Gnd~ surface fi~.vc emissions . T*~e. -es~:lis we.e s'~o~.-:~ ir. va=ioLS tables znd figures in this ssc`<_on. No viay:l chlcride :ras detected. rot potential above-Sroun;: a_r • exposure for 2:::.-ans, E VOCs :ere p_edicted or.• the vppe= ?ac aad 17 VOCs or_ ~Ae Lower Pad. 2 . ~Otet~Z~ ly ~"~OS°G~ D~Dll dC1Q^4 Yne f:oz;ner Omar Render;ng Site has rot c:~znged is terms oz lard use since the earlier risk assass;neat and resrai^s unoccupied. Therefore, pote_^_=ially exposed recep;.ors in this subs~.tLed Addendum are the same as those inclz:dec is the previous risk assessment, namely, a) Cu__enc t~espassers'o~ intruders onsite; anti ' b) F~.t~.~re onsir.~, workars . • These assumDt ;or_s are appropriate. Safo~a Sayed • June 6, 1S96 page 1 3. ~L- r_ti~~ P' r thw Tae stated potentially comalete pathways of ~posure For These onsice receptors area - a) Ra_leage of emission; from the ~ubst''~ace .o ambier_` ou;,doo= ai. and inhalation by current c~espzssers or by future onsite.workers; and ki) Release of emissions f ram the subsu..ace ir_to iadoo= a?. is a Futu.e onsite comme_tial/industrial building and inha:c3tion of this ai.r by workers, - Ir_ acici~ pion to reasonable maximum a osu?-~ =his %-aoendum also ir_cluded averace~case a (~") scenar? os, scenarios to provide a_z estimatE oL G r x~osure (AVE) re~ep~o= at the site. The approach used be th; cisks fog each approu=late. y - Atidennum .s 9. T~r_'-_S:-rv Tarorm ion n ~~al • CaT.e.- Slope Facto=s (S. s) for cz"cinog=ns znc Refe_ence Doses (R°_Ds) fcr noncarcinogens ~•ere zpprop='ately obtair_ed f_on CalE?A document and f=om USEDA~s Intec_ated R_sk Inforz:a~ion System (IZIS) database. olio--^•g ntiA c~.uidance, concentrations of tiOCs _n z= r wEre esti;n3cec using z "Bor_ Mo3sl" app_oach. Cnemiezl eroosure o. =n~~=):. nor receptors is calculates a~ sthen the ?,i.e~ime' Avera3e Daily Dose (LARD, for ca=cizogezs) or the Ave=ave IIz.?y Dose (ADD, for nonca^cizogeas). Er_posure paranec~rs ~'-"E D.eseTiLeo ?n Table S-1. These :slues ei4her follow trE DISC 5a_d~:ce or are prone--ly refe_ezcec. 6. ~~SK: Cha_acte ~lza`~on Thy po*_ezt:al hez3th impacts cosec by residual •- ct thF sit=_ were evaluated fo= all chemicz?s detecte~inyFZCh . i~.gacGed medium. Ris:cs and haa?res were calculated separ.:ir-a1y fo_ receptors at the UooE_ pza znd Lowe; Dad. ihe6e results. are presented in Tables 5-S trrouQh 5-19 asln the Sllt'U'i1Zr_V o_° excess cancer -? sks ane' nor_cance= health rz~axcs is shown in Table 5-20. A!~ total excess cance_ risk= °-xcept for onsite workex under as RMP scenar=o are b21o; the tsve? of 1 x 10'`. Excess cancer ~ ~ r wo=k_r u-~der a consErvative RME sceaa: io is -4 Sx 20'` whiC?~e_s • ~•it?:in the risk management range Po= com.'nercizl/industrial woYk~==°- :he nor_carcinogenic health natards for - ~ > exuo•sure scenarios are all well below t?7e ~h_ _nc_udeC Insert c•T - zccepcab~ ~ saaz--ti _ 1.0. - Sarollb Sa}lp~. Jllne 6, 1996 Page ~ - coiscLr~sioN 'T~le subm,-tteC document is clearly writ;,en znQ well-o_Q~~i Zed and cor_tzins essential components for a heal•;, -_s}; assessment, Thus, the health risk assessment for Ocaar s~*_e _P deemed complete. 'T'he e.':cass caace= rzskF fo= po~e,~i~? are beiov: the :: sk ~, hutaaa _eceptor; manaaeme~t _ange fog occ~s=cn~! - ,- aae co:r~me=ci~l/industrial w ,- - ~=espasse_s orke_s. The non-cz_cizo?en,c heath hazards fo_ t*~e assumed exposu_e scenarios zre a_1 Lei; be_ow 4he accept~le Hazard ?acea or 1.0. n P1E2.se nose twat :.ire submitted hea? th risk zsSe552I1e_^_:. Qj~j apt corside= ~utu:E residentia? exposure scenario. Thus, the Region 4 stall should make ce-tF_'n than the ;o~mEr Omar site is precluded ~=om ~esiden4ia? use by d deed rest*'iccio~. . ~ ~ ~~ (, ~ ~-- ~.eviewe;: by:~ Deborah Oudis, Ph.D. 1'' ~er_~io: 't`oxicologist Orfice o= Scientif_^ afTai_s cc: Kzrea Baker Supervisia_o Engin~erinS Geolocist Regio^ 4 czasz • • CHAPTER 5.0 REPORTING 5.1 REGULATORY AGENCY REPORTING REQUIREMENTS OMV II will report the following actions to the appropriate regulatory agencies: ^ WDR compliance for the containment cell o Groundwater monitoring and maintenance -semi-annual reports o NPDES surface water monitoring -annual reports ^ All necessary monitoring reports, work plans, investigative reports, and studies required by the CAO KRA will prepare a report to describe the results of grading after completion of the grading process per the reporting requirements of the Soil Management Plan • RWQCB Order No. 97-40 requires semi-annual groundwater monitoring to take place at the facility. The reporting periods for groundwater monitoring are April to September, and October to March. With these reporting periods, the semi-annual reports are due to the RWQCB in April and October of each year. Failure to submit the reports to the RWQCB in a timely manner after monitoring could result in a Notice of Violation (NOV) from the RWQCB. The semi-annual reports should include: an introduction, including background information on the site, the sampling methods used, and a discussion of groundwater elevations and analytical results. Additionally, it should be noted in the report whether the SWPPP was updated during the reporting period, and also identify the results of the site maintenance inspection. The appendices to this report include: sample collection logs, chain-of-custody records, and the certified laboratory analysis. The groundwater monitoring reports are submitted to the Regional Water Quality Control Board, Region 9, located at 9174 Sky Park Court, Suite 100, San Diego, California, 92123. r: Page 34 Auto Park North SPA Property Mitigation Plan CR4PF/NAL050103 6/Il/03 This page intentionally left blank. • Auto Park North SPA Property Mitigation Plan PMPFINALcleaa22803 2/28/03 Page 35 CHAPTER 6.0 PUBLIC PARTICIPATION 6.1 THE PUBLIC PARTICIPATION PROCESS Public participation is an integral part of the Auto Park North Specific Plan project. The City of Chula Vista is the lead agency under the CEQA process and is also responsible for processing the Specific Plan for the property. Both the CEQA process and the Specific Plan process are public disclosure mechanisms intended to inform governmental decision-makers and the public about the project, and about the potential environmental impacts of the project. The applicant for the project has prepared and submitted a Specific Plan application package to the City of Chula Vista to identify the scope of the project, the types of uses proposed, and specific development details relevant to the proposed use. As the project is located in a Redevelopment Area of Chula Vista, the OVRRA, the Community Development Department of the city is taking the lead in processing the project. They will review the project, prepare public • notices, schedule public hearings, and ensure that a complete application is available for public review. The Planning and Building Department will take the lead in the CEQA process, ensuring that environmental documents are complete and in compliance with CEQA, and will schedule public hearings to adequately inform the public about the potential environmental impacts of the project, along with any mitigation measures that are needed. The City of Chula Vista reviewed a previous draft ECF and IS and a Site Plan that were prepared for this project, which were submitted to the City for review in August 2002. The documents have been revised based on comments made by the City and recent changes to the site plan that are discussed above. The revised CEQA documents were submitted to the City on January 15, 2003. Various boards of the City of Chula Vista may review the CEQA documentation and the Specific Plan. These Boards may include the Resource Conservation Commission, the Design Review Committee, the Planning Commission, and the City Council, the Redevelopment Agency, for final decision-making authority. An authorizing resolution for the Polanco Act Agreement, including the CRAP as an exhibit, will undergo a public review process. Use of the CRAP must first be authorized by the City of Chula • Page 36 Auto Park North SPA Property Mitigation Plan CRAPF/NAL050103 6//2/03 • Redevelopment Agency (City Council) to afford protection of the site under the parameters of the Polanco Act. This would involve a public hearing process, which would be properly noticed prior to the hearing. Upon authorization by the Redevelopment Agency, the CRAP would then be forwarded to the RWQCB for review and final decision-making authority as to the appropriateness of the use of the Polanco Act on the property. The role of the RWQCB would be to review and approve the site plan, grading plan, drainage plan, and landscape plan for the containment cell site. 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C7 • Page 42 Auto Park North SPA Property Mitigation Plan PMPFlNALclean22803 2/28/03 This page intentionally left blank. • • Page 42 Auto Park North SPA Property Mitigation Plan Polanco Final Mi(iga(ion Plan 1-31-03 1/31/03 • CHAPTER 8.0 PERSONS AND ORGANIZATIONS CONSULTED REPORT PREPARATION REFERENCES CITED PERSONS AND ORGANIZATIONS CONSULTED Knowlton Realty Advisors, Inc. -Developer Hooper Knowlton III, Principal The Landbank Group, Inc. (OMV II) -Owner Mary Hashem, Principal, Environmental Director L. Raymond Hendry III, Project Manager ENV America Incorporated -Environmental Consultants for Developer Thomas J. Mulder, Senior Project Manager • Partners Planning and Engineering -Grading Plan for Developer Larry C. Dutton, Principal Shaw Environmental & Infrastructure, Inc. -Environmental Consultants for Owner Mark Unruh, Senior Geologist Smith Consulting Architects -Architects for Developer Gary Baker, Architect REFERENCES CITED Dames & Moore 1989 Site Investigation. Prepared for Darling Delaware, Inc., June 15, 1989. 1990a Health Risk Assessment. Volumes I and II. February 2, 1990. r~ LJ Auto Park North SPA Property Mitigation Plan Page 43 CRAPFINAL050J03 6/!2/03 • 1990b Addendum to Site Investigation Report. Prepared for Darling International, Inc., March 8, 1990. 1991 Health Risk Assessment for the Former Omar Rendering Site, Chula Vista, California. May 30, 1991. 1995a Risk-Based Conceptual Model for Soil and Groundwater Contamination. Prepared for Darling International, Inc., May 24, 1995. 1995b Measurement of Subsurface and Surface Volatile Organic Compounds (VOCs) at the Former Omar Rendering Site. Prepared for Darling International, Inc., August 1, 1995. 1996 Summary of Field Activities, August and September 1995, Omar Rendering Disposal Site, Chula Vista, California. Prepared for Darling International, Inc., January 8, 1996. EDAW, Inc. 2001 Biological Technical Letter Report Auto Park North Specific Plan, City of Chula • Vista, California. June 2001. 2001 a Archaeological Survey Report for the Auto Park North Specific Plan, Chula Vista, California. June 2001. 2001b Technical Report Paleontological Resource Assessment Auto Park North Specific Plan, City of Chula Vista, California. June 2001. 2002 Visual Impact Analysis Auto Park North Specific Plan, City of Chula Vista, California. July 2002. 2002a Environmental Checklist Form and Technical Appendices, Auto Park North Specific Plan, City of Chula Vista, California. December 2002. 2002b Noise Technical Report, Auto Park North Specific Plan, City of Chula Vista, California. December 2002. • Geocon, Inc. 1982 Testing and Observation Services for Omar Rendering Plant, Chula Vista, California. Prepared for Safino, Butcher, Ormande, Inc., San Diego, California. January 1982. Page 44 Auto Park North SPA Property Mitigation Plan CRAPF/NALOSOl03 6/12/03 • IT Corporation 2000a Soil Management Plan for Development Activities at the Former Omar Rendering Site. July 14, 2000. 2000b Work Plan for Additional Site Assessment at the Former Omar Rendering Site. November 3, 2000. Kleinfelder, Inc. 1992a Walker Scott Property, Parcel 2, Site Assessment, Chula Vista, CA. November 10, 1992. 1992b Walker Scott Property, Parcel 1, Site Assessment, Chula Vista, CA. December 18, 1992. Risk-Based Decisions, Inc. 1996a Source Evaluation Report: Otay Valley Industrial Park, Chula Vista, California. February 26, 1996. • 1996b Addendum to Site Investigation and Risk Assessment for the Former Omar Rendering Site, Chula Vista, California. Two Volumes, April 11, 1996. 1997 Responses to RWQCB and DTSC Comments on the Former Omar Rendering Site in Chula Vista, California. December 10, 1997. RWQCB 1998a Staff Report on Tentative CAO No. 98-104, Designation of Containment Zone. September 1998. 1998b Tentative CAO No. 98-104, Designation of Containment Zone for Groundwater, Former Omar Rendering Surface Impoundments. September 24, 1998. 1998c Containment Zone Statistics for the Former Omar Rendering Site, Chula Vista, CA. Letter from RWQCB to Darling. October 1, 1998. 1999 Containment Zone Designation Request for the Former Omar Rendering Site, Chula Vista, CA, dated July 28, 1999. Letter from RWQCB to Darling. August 2, 1999. Auto Park North SPA Property Mitigation Plan Page 45 CRAPF/NAL050103 6/!2/03 r~ ~J Shaw Environmental & Infrastructure, Inc. 2002a Monitoring and Reporting Non Program Wells at the Former Omar Rendering Site, Semi-Annual Report: Apri12002 to September 2002. October 2002. 2002b Monitoring and Reporting Program No. 97-40, Waste Management Containment Cell at the Former Omar Rendering Site. October 2002. 2002c Draft Remediation Alternatives Feasibility Study at the Former Omar Rendering Site. November 2002. 2002d Soil Management Plan for Development Activities at the Former Omar Rendering Site. December 2002. Woodward-Clyde Consultants 1987 Report of Subsurface Contamination Assessment, Omar Rendering Facility, Chula Vista, California. Prepared for Peterson Manufacturing Company, May 1, 1987. 1990a Results of Soil and Groundwater Sampling, Otay Valley Industrial Park, Chula • Vista, CA. Prepared for Otay Valley Industrial Partners. October 3, 1990. 1990b Report of Additional Groundwater Sampling and Analyses, Otay Valley Industrial Park. November 15, 1990. • Page 46 Auto Park North SPA Property Mitigation Plan CRAPFINAL050103 6//2/03 This page intentionally left blank. Auto Park North SPA Property Mitigation Plan CRAPFINAL050103 6/!2/03 Page 47 This page intentionally left blank. u Page 48 Auto Park North SPA Property Mitigation Plan PMPFINALclean22803 2/28/03 • APPENDIX 3 GRADING PLAN _~` +K ~- -~~~ rho, +: +`' +~.~ f~ ~ N N - _, ` ~ _ _. -~,^ / _ _ . ~t Ty v / trn~w ~"~`b+~ ~~ ~ ~ ~in ~~ I.~ ~° I o I ° to_ ~o +~ t_ t~ tN~ o /@ ~.__ ,_~N w o a ,. o ° tv .. I° I w I° I °~ ° t vl iii///~~~/ t~ t" t" t~ t° I ~ I ~ I ~a~ w o t° I I~. 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Project 806404 • N:10mar\SoilPlan\plan_a _121602.doc • r ~ U • • Table of Contents --- tst o Tables ............................•--......................._..-....---•--....---•-•-•--•-----------......---.................... ttt tst o Figures--------------------••----••-------------.....-------•------------------.....---------•---•-•---- -•- ----•---•------.......... itt tst of Appendices....-• .......................•-----........................_....._..................._.... ... ...----........-----._._. ttt 1.0 Introduction ............................................................................................. ...........•------•-----•--1 2.0 Background-------------------•----•--•------------.....-•----•---------•---•----------------•--........ ......_.........---........2 2.1 Current Regulatory Status of the Site ................................................. ......................... 2 2.1.1 Capped/Closed Waste Cell ......................................................... ........•-----........... 3 2.1.2 Residual Impacted Site Soil .................•---------•---••-------------.......... .........................4 2.1.3 Groundwater Impacts Due To Former Pond Operations ............ ......................... 6 3.0 Soil Management ..........................~----------..........-.......---•--......-......_.......--- ..........-•------.........8 3.1 General Soil Screening ............................•--........------..................-------- ----.........._.......... 9 3.2 Special Management Requirements for Specific Site Areas .............. ....................... 10 3.2.1 Waste Cell..._._...---• ...................................................................... .......................10 3.2.2 Terraces 1, 2 and 3....-• ................................................................ 2 3 3 L l d ....................... 10 . . ow an --------------------••----------....---------..._.................-•------........---- ----.._._.............. 10 3.3 Management of Impacted Soil..........-•--• ............................................. ....................... 11 3.3.1 Soil Profiling---••----•• .....................•-•----------------._...._....-----•------..._. ...................---. 12 3.3.2 Soil Transportation and Disposal ............................................... ....................... 13 3.3.3 NPDES Requiretents ..........................•--------------•--•• -------• -----•-----•--....._... 13 3.3.4 Reporting .....................•---•---•-------•----------------........._..-•--------•----•-- -.............----..... 13 4.0 Project Contacts ........................•--.................................._..........._...........- -----....................14 5.0 Signature of Professional----• ..................•------..............................-•-----•--•- --............--•---.....15 6.0 Bibliography ---------------------------------••--------....---....--•---------._.....................-- ---•--..._........--•---16 Soil Management Plan for Development Activities December 20, 2002 • Former Omar [tendering Site ii N10AtAR\SOII_PLANIPI.:1N A I?1(12.1 )(K • List of Tables 1. Summary of Soil Concerns in Each Topographic Zone List of Figures 1. Site Location Map 2. Site Plan 3. Topographic zones and cross-section locations 4. Cross Sections 5. Groundwater Elevations, March 28, 2000 6. Proposed Grading Plan 12/20/02 List of Appendices A. SDRWQCB Order No. 97-40 B. DTSC Memo Regarding Risk Assessment C. Excerpts from DEH SAM Manual Regarding Soil Waste Management D. RWQCB Comment Letter (9/1/2002) and Responses Soil Management Plan for Development Activities December 20, 2002 • Former Omar Rendering Site iii N:\O61AR\SOII,1'LAMI'LiVJ A I?1602.IXK' • 1.0 Introduction The Omar Rendering site (Figures 1 and 2) was once the site of an animal rendering plant and a Class I liquid disposal facility. Waste from both operations was discharged into disposal ponds illustrated in Figure 2. In approximately 1981, after the waste discharge operations ceased, the contents of the ponds were removed and disposed off site, and the underlying impacted soil was excavated and placed in a lined and capped disposal cell in the northwest corner of the site. Subsequently, the site was graded and clean fill soil was placed over the former pond areas. Consequently, there is little potential for people to encounter waste in shallow soil. The site was graded into five distinct topographic zones: the lowland adjacent to Main Street (formerly known as Otay Valley Road}; three terraces that are here named Terraces 1, 2 and 3; and the waste cell (Figures 3 and 4). . Figure 4 contains cross sections of the site grading performed in 1981. Over 300,000 cubic yards of soil was excavated from the former waste impoundments. The excavation was replaced with clean fill cut from the north slope of the site. Future construction activities at the former Omar Rendering site are not expected to encounter soil impacted from past site activities. While the potential to encounter impacted soil is minimal, this plan was prepared at the request of the Regional Water Quality Control Board (RWQCB) to provide guidance to future site workers who will disturb subsurface soil. In the unlikely event that future work uncovers impacted soil, this Soil Management Plan describes procedures to: • Protect worker health and safety • Screen soil to identify potential impacted soil • Segregate potentially impacted soil • Characterize potentially impacted soil • Transport, treat and dispose of identified impacted soil. Soil Management Plan for Development Activities December 20, 2002 • Former Omar Rendering Site t N:\OMl~R1SOILPLANII•LAN_A _121(112.1)0(: • This soil management plan instructs construction workers how to screen and recognize potential environmental concerns. It will be the responsibility of construction contractors to perform routine soil screening. If construction contractors identify potentially impacted soil, Otay Mesa Ventures II, LLC (OMV) will respond to characterize and handle the potentially impacted soil. Table 1 is a tabulated summary of the soil concerns that may be encountered in each topographic zone. 2.0 Background 2.1 Current Regulatory Status of the Site In April 1995, the Cal/EPA Site Designation Committee designated the RWQCB to be the lead administering agency for the site pursuant to Chapter 6.65 of the California Health and • Safety Code, Section 25260. As part of its responsibility, the RWQCB formed a consultative work group consisting of representatives of the California Department of Toxic Substances Control (DTSC), the County of San Diego Department of Environmental Health (DEH), the City of Chula Vista, and the California Department of Fish and Game. Otay Mesa Ventures II, LLC assumed title to the land in December 1999. The site was previously owned by Darling International. On behalf of Darling International, Risk-Based Decisions, Inc., acted as the technical lead for site assessments and risk assessments. Dames & Moore performed much of the fieldwork. The bibliography included in this document lists the body of work created by the previous consultants. The documents are available for public viewing in the Omar Rendering case file at the office of the San Diego RWQCB. Soil Management Plan for Development Activities December 20, 2002 • Former Omar Rendering Site 2 N:\OR1.\R\SOILPLAMI'LAN_A _ I21(+02. fX1C The previous site assessment, risk assessment and remediation activities divided the site into three regulatory units: Capped/closed waste cell Residual impacted site soil Groundwater impacts due to former pond operations. The following is a summary of the environmental issues and regulatory status for each regulatory unit, and is based on review of historical documents and conversations with regulators and consultants having an understanding of historic environmental issues associated with the property. 2.1.1 Capped/Closed Waste Cell Prior to 1980, the contents of the six Class I waste ponds were removed and disposed at a permitted off site location. In 1981, the impacted soil from beneath the Class I waste ponds was placed in a lined and capped waste cell in the northwest corner of the site, in accordance with RWQCB Order No. 80-06 (Closure Requirements for the Omar Rendering Company • Dumpsite in the Otay River Valley). The soil placed in the cell was compacted to over 90 percent relative compaction per ASTM D 1557 (Geocon, 1982) and covered with 7 to 10 feet of compacted soil cover. Subsequently, the waste cell has been maintained and monitored per RWQCB Order No. 87-141 (Waste Discharge Requirements (WDRs] for the Omar Rendering Company Closed Class 1 Disposal Site, including Technical Change Order No. 1 Monitoring and Reporting Program) which was replaced in 1997 by RWQCB Order No. 97- 40 (Waste Discharge Requirements for Closure and Post-Closure Maintenance for the Class I Waste Management Containment Cell, Omar Rendering Facility, Darling International, which includes Monitoring and Reporting Program 97-40}. A copy of Order 97-40 is included in Appendix A. The WDRs include requirements to perform the following activities: • Site maintenance • National Pollution Discharge Elimination System (NPDES) storm water monitoring and reporting • Groundwater detection monitoring and reporting. Soil Management Plan for Development Activities December 20, 2002 • Former Omar Renderin=Site 3 N:\OMAk\SOI 11'1 AMPL.M_.4 _ R 16112 UOC • Past maintenance reports have not reported any significant maintenance issues, with the exception of trespassing, vandalism and minor surface erosion. Otay Mesa Ventures Il, LLC will continue to maintain the waste cell cap and associated grounds in good condition, in accordance with RWQCB Order No. 97-40. The WDRs state that the surface drainage from the waste cell is subject to State Board Order No. 91-13-DWQ, NPDES General Permit No. CAS000001 (Waste Discharge Requirements for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities) (note that State Board Order No. 91-13-DWQ was updated and replaced by State Board Order No. 97-03-DWQ); however, Darling International did not prepare or implement a NPDES surface water monitoring program. On May 19, 2000, OMV submitted a Notice of Intent (NOI) to prepare a Storm Water Pollution Prevention Plan (SWPPP) and Storm Water Monitoring and Reporting Plan (SWMRP), and implement the plans. The plans were prepared and implemented in 2000. The monitoring and reporting plan (97-40) requires semi-annual monitoring of four groundwater-monitoring wells ("Program wells"). Previous monitoring conducted over the past 15 years has concluded that the waste cell has not released constituents of concern to groundwater. Otay Mesa Ventures II, LLC will continue to perform groundwater monitoring in accordance with RWQCB Order No. 97-40. 2.1.2 Residual Impacted Site Soil The residual impacted soil is known to be present in two locations: (1) encapsulated within the waste cell, and (2) buried below the fill of the upper pads (Terraces 1, 2, and 3). In the area of the former impoundments, soil was excavated to a depth of 25 to 40 feet during the transfer of impacted soil to the waste cell. Clean fill soil was placed above the in situ soil (see cross sections in Figure 4). Due to the depth of burial, direct human contact with impacted soil historically has not been a concern. The human health concern has historically been focused upon potential routes to human exposure: groundwater migration and/or soil vapor migration. Soil Management Plan for Development Activities December 20, 2002 • Former Omar Rendering Site 4 N 1C1A1AH\$VILPLAMI'1./W_i\ _1216112.IHX: • The consultants for Darling International collected and analyzed an extensive set of soil, groundwater and soil vapor samples in 1988-1989 (Dames & Moore, 1989, 1990b) and mid- 1995 (Dames & Moore, 1995b, 1996). The site assessment data were used to perform human health risk assessments in 1989 (Dames & Moore, 1990a, 1991) and 1996 (Dames & Moore, 1995a; Risk-Based Decisions, 1996b). The site assessment activities have included the following. • 1988-1989 site assessment (Dames & Moore, 1989) 4 exploratory borings in the upper pads, with soil and vapor sampling 52 shallow vapor probes in the upper pads 20 shallow vapor probes in the lower pad. • 1995 site assessment (Dames & Moore, 1996) Soil vapor samples collected via surface flux chambers, 20 locations Soil vapor samples collected from downhole vapor flux chambers, 6 soil borings (35 samples) S Soil vapor samples collected from soil borings, 18 soil borings (72 samples). Multiple groundwater investigations (Dames & Moore, 1989, 1990b, 1995b, 1996; Kleinfelder, 1992; Risk-Based Decisions, 1996a; Woodward Clyde Consultants, 1990a, 1990b) 18 onsite wells 12 offsite wells. Site assessment activities detected various chlorinated solvents across the site (primarily methylene chloride, chloroform, l,l,l-trichloroethane, carbon tetrachloride, trichloroethene, tetrachloroethene and 1,1-dichloroethene) and infrequent detections of other VOCs such as freons and benzene, toluene, ethylbenzene and xylenes (Risk-Based Decisions, 1996b). Regulatory Status. The 1996 human health risk assessment (Risk-Based Decisions, 1996b) concluded that the residual concentrations of chemicals in groundwater, soil and soil vapor do not pose any significant human health risk for commercial/industrial workers and Soil Management Plan for Development Activities December 20, 2002 • Former Omar Renderin= Site 5 N:10~1AK\SUILI'LAMPI _4N A 1216112. D(K' occasional trespassers. The DTSC concurred with the risk assessment (California DTSC, 1996a [copy included in Appendix B]), and recommended that a restriction be recorded on the deed to prevent future use of the site for residential uses that were not evaluated in the health risk assessment. The DTSC concurred that no further remedial action is necessary for the soil media at the former Omar Rendering site, given the planned future exposure scenario of commercial/industrial workers and occasional trespassers. The site is suitable for commercial/industrial development without additional site assessment, risk assessment or corrective action activities. In the unlikely event that impacted soil is encountered during future construction, the RWQCB verbally requested that this Soil Management Plan be observed during future intrusive construction activities (e.g. sail exploration borings, trenching for foundations or utilities, and grading operations). 2.1.3 Groundwater Impacts Due To Former Pond Operations This section describes the groundwater depth and impacts from former operations to demonstrate that groundwater does not represent a hazard to workers during soil management. Groundwater is not expected to be encountered in any soil excavations at the site. Site Geolo~y- Three geologic units are encountered at the site: fill, Sweetwater Formation, and Mission Valley Formation. The Mission Valley Formation is found below approximately 150 feet MSL, and is primarily massive beds of dense, silty, fine sand. The Sweetwater Formation is found above the Mission Valley Formation. The Sweetwater Formation is primarily clay with interbedded lenses of dense, silty and clayey sand. Some clay beds in the Sweetwater Formation contain appreciable percentages of bentonite clay. On the north half of the site, portions of the topographic benches and the entire waste cell are fill soil which is primarily reworked Sweetwater Formation. Soil Management Plan for Development Activities December 20, 2002 Former Omar Rendering Site 6 N:\OMAH\SOILPLAMPLAN A I216U2.DOC • Site Groundwater. Groundwater at the site primarily occurs within the Mission Valley Formation. Locally, perched groundwater has been observed in the Sweetwater Formation. Figure 5 illustrates the interpreted groundwater gradient in the Mission Valley Formation based on water levels observed in on site groundwater monitoring wells. The estimated depth to groundwater varies due to the topography of the site: • Approximately 85 feet below ground surface (bgs) in the vicinity of the waste cell • Approximately 75 feet bgs in the vicinity of terrace 3 • Approximately 65 feet bgs in the vicinity of terrace 2 • Approximately 50 feet bgs in the vicinity of terrace 1 • Approximately 30 feet bgs in the vicinity of the lowland. The groundwater beneath the site is classified by the RWQCB as having beneficial uses (RWQCB Basin Plan); however, the groundwater is not potable due to naturally high total dissolved solids (TDS) (primarily sodium and chloride). Groundwater Impacts. The groundwater beneath the Omar site was impacted with the following chemicals. • VOCs: primarily the chlorinated solvents trichloroethene (TCE), tetrachloroethene (PCE), methylene chloride (MC); and other VOCs that are degradation products of chlorinated solvents. • Semi-volatile organic compounds (SVOCs): primarily naphthalene, 4-nitrophenol, 2- nitrophenol and 2,4-dinitrophenol_ • Inorganics: primarily sodium, chloride, total dissolved solids (TDS), sulfate and nitrate. The SVOC and inorganic impacts are primarily observed in the wells that are closest to the former waste ponds. The VOC impacts are observed site-wide and offsite to the south and east, but are most concentrated in the vicinity of the former waste ponds. Re ug latory Status. The consultants for Darling International determined that the groundwater impacts generally display stable and/or declining concentrations, and are prohibitively Soil Management Plan for Development Activities • Former Omar Rendering Site December 20, 2002 7 N:\OM17AR\SOILPLAN\NLAN A 121602.000 C expensive and/or technically impractical to remediate (Risk-Based Decisions, 1997a); consequently, the consultants for Darling International applied to the RWQCB for a containment zone designation in accordance with State Board Resolution No. 92-49 (Risk- Based Decisions, 1998C, 1999). A containment zone is defined as a specific portion of a water-bearing unit where the RWQCB finds it is unreasonable to remediate to the level that achieves water quality objectives. The' RWQCB prepared a draft Cleanup and Abatement Order (CAO) to formalize the containment zone (RWQCB, 1998a, 1998b), but subsequently asked Darling International to provide additional information before issuing a revised and final CAO (RWQCB, 1998c, 1999). In the future, OMV will continue to work with the RWQCB to provide the additional information requested to finalize the containment zone designation. The residual groundwater impacts due to former pond operations are monitored semi- annually on avoluntary basis, in a fashion consistent with Program No. 97-40 (e.g. Dames & Moore, 1999f; IT, 2000b). • 3.0 Soil Management This section describes the general soil management practices that shall be observed in all areas of the site, and specific soil management requirements for each individual area. Soil may be reused on site without restriction, unless it is identified as impacted, per this plan. OMV requires that no soil be shipped off site without prior characterization and approval by OMV. If developers or constructors need to remove extra soil from the site, then OMV will arrange to characterize and manage the soil for offsite removal. Construction activities should be planned in such a way that excess soil is reused on site. Soil Management Plan for Development Activities December 20, 2002 • Former Omar Rendering Site 8 N:\OMAR\SOILPLAMI'LAN A 121(d2fx 1C • 3.1 General Soil Screening Excavation of soil may be performed at the Omar Rendering site using standard construction equipment and standard construction practices. Typical excavations are anticipated to be of two types: • trenching (e.g. footings or utility lines) using a backhoe or hand implements or • mass grading using heavy equipment such as scrapers and bulldozers. Trenching is anticipated to occur across the site wherever building construction is located. Excavation during grading operations is planned for the lowland area near Main Street (Otay Valley Road) (Figure 6). Fill from the grading operations will be placed on the upper pads (Terraces 1, 2, 3, and the Waste Cell). However, fill operations will not expose workers to subsurface soils. No special soil screening equipment will be required for the shallow soil encountered from 0 • to 20 feet bgs beneath terraces 1, 2 and 3; and no special soil screening equipment will be required for the shallow soil encountered above the water table, beneath the lowland adjacent to Main Street. During excavation activities construction personnel shall use practical screening criteria to identify potentially impacted soil. Practical Screening Criteria. The following are practical screening criteria for identifying impacted soil: • Abnormal chemical odor • Abnormal soil staining. If potentially impacted soil is discovered, OMV shall be contacted for guidance. Otay Mesa Ventures II, LLC will then arrange for environmental remediation technicians to screen the soil in accordance with Section 3.3. A few activities may disturb soil deeper than below 20 feet bgs beneath terraces 1, 2 and 3, and below the water table beneath the lowland adjacent to Main Street (e.g. geotechnical Soil Management Plan for Development Activities December 20, 2002 • Former Omar Rendering Site 9 N:~ontnR~sou,r~nMri.nta n iziRnz.ixx • drilling investigations). Such activities should perform soil screening and appropriate soil segregation in accordance with Section 3.3. 3.2 Special Management Requirements for Specific Site Areas 3.2.1 Waste Cell The soil and vegetation of the waste cell area are to be maintained in accordance with the post-closure permit (Appendix A) to maintain the protective barrier properties of the waste cell cap. The soil and vegetation within the fenced area will not be modified, altered or changed without prior approval and planning by OMV. If modifications are necessary, OMV will in turn provide written notice to the RWQCB that the activities are: • Minor and routine in nature (requiring a 2 working day notice to the RWQCB), or • Significant alterations to the existing drainage patterns and slope configurations (requiring the filing of a workplan, 30 days prior to the work). • Additional details of these reporting requirements are in Appendix A. 3.2.2 Terraces 1, 2 and 3 No special requirements will be necessary for work on the terraces. Construction personnel shall observe the management practices described in Section 3.1. The terrace areas were thoroughly modified by grading and fill activities after the extensive remedial excavation. It is very unlikely that waste material will be encountered in shallow excavations of the terraces at the current grades. Following the mass grading activities planned for the new development (Figure 6), the terraces will be covered by up to 12 additional feet of clean fill from the lowland area. Future trenching in this fill will also have no special screening requirements. 3.2.3 Lowland No special requirements will be necessary for work in the lowland area. Construction personnel shall observe the management practices described in Section 3.1. Soil Management Plan for Development Activities December 20, 2002 • Former Omar Rendering Site 10 N:\OMnN\SOIL.PLAMI'IAN A_12161~Z.D(X • Construction personnel are advised that the lowland was formerly the location of a rendering plant and an auto wrecking yard. It is possible that former foundation structures may be encountered in the vicinity of the former rendering plant (e.g. concrete foundations and plumbing). Excavation activities may also encounter scrap material from the former auto wrecking yard and possibly minor oil stains associated with equipment storage. Minor oil stained soil, solid waste debris, equipment parts and construction debris shall not be considered abnormal observations as described in Section 3.1. 3.3 Management of Impacted Soil General measures that will be taken if potentially impacted soil is discovered are summarized in the following bullets. • If potentially impacted soil is encountered, then the discovering personnel are to notify OMV. • OMV will dispatch remediation technicians to characterize and, if necessary, segregate the potentially impacted soil. • The potentially impacted soil will be containerized (in drums or roll-off bins) elsewhere on the Omar Rendering site, which will allow the developer to resume construction activities. • OMV will sample the soil in the containers to determine the characteristics of the potentially impacted soil. • On the basis of the soil sample results, OMV will transport and dispose the potentially impacted soil. • If sample results document that the soil is below acceptable concentration limits, then the soil will be reused onsite. Following discovery of potentially impacted soil and notification by the excavating crew/company, OMV will provide remediation technicians to perform soil screening and oversee and guide the segregation of the potentially impacted soil. If necessary, the potentially impacted soil will be segregated based on visual observation and field screening Soil Management Plan for Development Activities Former Omar Rendering Site December 20, 2002 11 N:1UAtAR\SUI1.1'LAMPI_AN A I?1512.000 • via portable organic vapor analyzers, either aphoto-ionization detector (PID) or flame- ionization detector (FID). The potentially impacted soil will be staged in 55-gallon drums and/or roll-off bins and covered by plastic sheeting to prevent wind-transport, water infiltration and water runoff. Water or dust suppressants may be applied to the excavation area, as necessary to prevent airborne transport of potentially impacted soil. A convenient on site location will be selected by the OMV technicians to store the soil, pending soil profiling, transportation and disposal. 3.3.1 Soil Profiling The potentially impacted soil will be sampled and analyzed to determine waste characteristics. The method of sample collection and frequency of sample collection will depend on the volume of potentially impacted soil, the suspected source of soil impacts, and the acceptance criteria of the waste disposal facility. The type of analyses will be selected based upon the suspected waste type and the analytical requirements of the potential waste disposal facility. For instance, suspected petroleum- impacted soil would likely be tested for total petroleum hydrocarbons (TPH) (gas and diesel range) and total recoverable petroleum hydrocarbons (TRPH). Suspected Class I waste would likely be tested for VOCs, SVOCs, pesticides and Title 22 metals. The method of sample collection and quantity of samples will be selected in accordance with the requirements of the DEH and RWQCB. Appendix C contains relevant guidance and requirements from the DEH and RWQCB. If the soil screening process described in Sections 3.1 and 3.3 suggests the soils might be hazardous or designated wastes then those soils will be sampled, classified, and disposed in accordance with the requirements of California Code of Regulations Title 27. Soil Management Plan for Development Activities December 20, 2002 • Former Omar Rendering Site 12 N:\OMAR\tiU11.PLAMI'L;\N A I?16112 D(1C r~ u 3.3.2 Soil Transportation and Disposal Confirmed impacted soil will be transported to an appropriate facility (e.g. Class I, II or III landfill or soil recycling facility) selected by OMV for treatment and disposal. Care will be taken to properly cover the trucks to avoid releases during transportation. If the trucks drive over impacted soil, the truck tires will be cleaned before the truck leaves the site. 3.3.3 NPDES Requirements During the mass grading activities, it will be necessary to submit an NOI, provide erosion control, and implement storm water runoff prevention practices in accordance with the California General Stormwater Permit for Construction Activities. Copies of the permit are available on the Internet at http://www.swrcb.ca.gov/stormwtr/construction.html. 3.3.4 Reporting • Following disposal of the confirmed impacted soil, OMV will provide the RWQCB with a description of the soil source, soil characterization results, and documentation of proper transportation and disposal (i.e. bill of lading, weigh ticket, manifest). Soil Management Plan for Development Activities December 20, 2002 • Former Omar Rendering Site 13 N:~omnK~sou.ri.nnnNtnN n izi~iz.uoc- 4.0 Project Contacts OMV Otay Mesa Ventures II, LLC 141 Union Blvd., Suite 330 Lakewood, CO 80228 Attn: Ray Hendry (303) 765-8500 Environmental Consultant for OMV Shaw Environmental, Inc. 1230 Columbia Street, Suite 1200 San Diego, CA 92101 Attn: Mark Unruh (619) 239-1690 • Lead Re ug lator~ encx Regional Water Quality Control Board, San Diego Region 9771 Clairemont Mesa Blvd, Suite A San Diego, CA 92124 Attn: Brian McDaniel (858) 467-2952 Soil Management Plan for Development Activities • Former Omar Rendering Site December 20, 2002 14 N:\OMAR\SOII_PI_AMPL.4N_A _121611?.bOC • 5.0 Signature of Professional This plan was prepared in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. Mark E. Unruh Certified Engineering Geologist No. 1176 Project Manager Shaw Environmental, Inc. C. Soil Management Plan for Development Activities December 20, 2002 • Former OLnar Rendering Site I5 N:\OMAR\$Oll,l'I,AMNL.AN A I?161?.D(K • 6.0 Bibliography The following documents are available for public viewing at the office of the San Diego Regional Water Quality Control Board in the Omar Rendering case file. Appointments for file reviews may be arranged by calling the Regional Board at 858.467.2952. California DTSC. 1996x. Internal Memorandum from Site Mitigation Branch to Office of Scientific Affairs, Subject: Omar Rendering Site. June 6. California DTSC. ~ 199bb. Internal Memorandum from Site Mitigation Branch to Geologic Support Unit, Subject: Former Omar Rendering Site. June 7. City of Chula Vista. 1982. Omar Rendering Site Closure. Sheets 1, 2, 3, 3A (2 copies), and 4. As-built drawings dated b-23-82, City of Chula Vista Redevelopment Agency. 1992. Resolution 1258, Resolution of the Redevelopment Agency of the City of Chula Vista Authorizing the Submission of a Petition for Amendment to Resolution No. 88-49 of the RWQCB to Extend the Southern Boundaries of the Salt Creek Area to Include Land Within the Otay Valley • Redevelopment Project Area. June 23, 1992. County DEH SAM. 1998. Comments on Tentative CAO No. 98-104, Designation of Containment Zone. Letter to RWQCB. October 27. Dames & Moore. 1988. Revised Draft Work Plan, Compliance Program. Prepared for Darling-Delaware Company, Inc. April 6. Dames & Moore. 1989. Site Investigation. Prepared for Darling Delaware, Inc. June 15. Dames & Moore. 1990x. Health Risk Assessment. Volumes I and II. February 2. Dames & Moore. 1990b. Addendum to Site Investigation Report. Prepared for Darling International, Inc. March 8. Dames & Moore. 1991. Health Risk Assessment for the Former Omar Rendering Site. May 30. Dames & Moore. 1995x. Risk-Based Conceptual Model for Soil and Groundwater Contamination. Prepared for Darling International, Inc. May 24. • N:\OMAR\SOR,PLAN\PLAN A 121602.DOC • Dames & Moore. 1995b. Measurement of Subsurface and Surface Volatile Organic Compounds (VOCs) at the Former Omar Rendering Site. Prepared for Darling International, Inc. August I. Dames and Moore. 1996. Summary of Field Activities, August and September 1995, Omar Rendering Disposal Site, Chula Vista, California. Prepared for Darling International, Inc. January 8. Dames & Moore. 1999a. 1998-1999 Annual Program 97-40 Groundwater Monitoring Report. Prepared for Darling International, Inc. April 30. Dames & Moore. 1999b. 1999 Semi-Annual Non-Program 97-40 Groundwater Monitoring Results. Prepared for Darling International, Inc. April 30. Dames & Moore. 1999c. 1999 Semi-Annual Non-Program 97-40 Groundwater Monitoring Results B Addendum. June 18. Dames & Moore. 1999d. Groundwater Monitoring Results -- Four New Wells. June 18. • Dames & Moore. 1999e. 1999 Semi-Annual Groundwater Monitoring Report, RWQCB Order 97-40, Results for Program Wells. November 2. Dames & Moore. 1999f. 1999 Semi-Annual Groundwater Monitoring Report, RWQCB Order 97-40, Results for Non-Program Wells. November 2. Geocon, Inc. 1980. Transmittal of Boring Logs. Omar Rendering Plant, Otay Valley Road, Chula Vista, California. August. Geocon, Inc. 1981a. Soil Investigation and Geologic Reconnaissance for Omar Rendering P1antXClass I Site, Chula Vista, California. Prepared for Arevalo and Safino of San Diego, Inc. February. Geocon, Inc. 1981b. Addendum to ASoil Investigation and Geologic Reconnaissance Report for Omar Rendering Site, Chula Vista, California= Prepared for Arevalo and Safino of San Diego, Inc. May. Geocon, Inc. 1982. Testing and Observation Services for Omar Rendering Plant, Chula Vista, California. Prepared for Safino, Butcher, Ormande, Inc., San Diego, California. January. • N:\OMAR\SOILPLANWLAN A 121602.DOC L' Hydro-Search, Inc. 1995. Groundwater Sampling Results (11x14), Soil Gas Survey (8.Sx 11), Surface Flux (8.Sx 1 1), Down 1 to 6 Flux (8.Sx 11), Omar Rendering Site. October 24. IT Corporation. 2000a. Annual Report: April 1999 to March 2000 and Semi-Annual Report: October 1999 to March 2000, Monitoring and Reporting Program No. 97-40 Waste Management Containment Cell, Former Omar Rendering Site. Prepared for Otay Mesa Ventures I, LLC. April 27. IT' Corporation. 20006. Semi-Annual Report: April 1999 to March 2000, Monitoring and Reporting, Non-Program Wells, Former Omar Rendering Site. Prepared for Otay Mesa Ventures I, LLC. May 15. Kleinfelder, Inc. 1992. Walker Scott Property, Pazcel 2, Site Assessment, Chula Vista, CA. November 10. Kleinfelder, Inc. 1992. Walker Scott Property, Parcel 1, Site Assessment, Chula Vista, CA. December 18. • Levine-Fricke. 1994. Various loose figures. Figure 1 B Groundwater Elevation Map (11 x 17), Figure 2 -TCE Concentrations, Contours of OVA Readings (Nov. 88), Contours for TCE Concentrations-B Vapor Probe Samples, Contours of Above - 3-5 ft (1988 data). Risk-Based Decisions, Inc. 1996a. Source Evaluation Report: Otay Valley Industrial Park, Chula Vista, California. February 26. Risk-Based Decisions, Inc. 19966. Addendum to Site Investigation and Risk Assessment, Volumes I and II. Prepared for Darling International, Inc. April I I. Risk-Based Decisions, Inc. 1997a. Draft Engineering Alternative Analysis for the Former Omar Rendering Site, Chula Vista, CA. September 17. Risk-Based Decisions, Inc. 19976. Responses to RWQCB and DTSC Comments on the Former Omar Rendering Site. December 10. Risk-Based Decisions, Inc. 1998a. Unpublished Overview of Environmental Investigations at the Former Omar Rendering Site in Chula Vista, California. May 11. Risk-Based Decisions, Inc. 19986. Technical Memorandum, Former Omar Rendering Site. Letter to RWQCB. July 23. • N:\OMAR\SO[LPLAN\f'LAN_A _ I Z 1602.DOC • Risk-Based Decisions, Inc. 1998c. Compliance with Application Requirements for Containment Zone Policy for the Former Omar Rendering Site. Letter to RWQCB. August 28. Risk-Based Decisions, Inc. 1999. Containment Zone Designation Request for the Former Omar Rendering Site, Chula Vista, CA. July 28, 1999. Letter from Risk-Based Decisions, Inc. to RWQCB. RWPCB. 1959a. Resolution 59-R2, a Resolution Prescribing Requirements for the Discharge of Wastes from the Omar Rendering Company. January 1, 1959. RWPCB. 1959b. Resolution 59-R15, a Resolution Prescribing Requirements for the Discharge of Wastes by the Omar Rendering Company. July 28,1959. RWQCB. 1978: Order No. 78-56, an Order Rescinding Resolution 59-R2 for the Omar Rendering Company. September 25, 1978. RWQCB. 1980a. Order 80-06, Closure Requirements for the Omar Rendering Company Dumpsite in the Otay River Valley. January 28, 1980. RWQCB. 1980b. Monitoring and Reporting Program No 80-06. January 28, 1980. RWQCB. 1987. Order No. 87-141, Waste Discharge Requirements for the Omar Rendering Company Closed Class I Disposal Site. December 21, 1987. RWQCB. 1989. Technical Change Order No. 1 to Monitoring and Reporting Program 87- 141. Monitoring and Reporting Program. December 26, 1989. RWQCB. 1996. Source Evaluation Report, Otay Valley Industrial Park. Letter from RWQCB to Darling. November 15. RWQCB. 1997a. Comments on April 11 1996 Addendum to the Site Investigation and Risk Assessment for the Former Omar Rendering Site. Letter to Darling. April 16. RWQCB. 1997b. Order No. 97-40, Waste Discharge Requirements for Closure and Post- Closure Maintenance for the Class I Waste Management Containment Cell, Omar Rendering Facility, Darling International (includes Monitoring and Reporting Program 97-40). June 13, 1997. RWQCB. 1998a. Staff Report on Tentative CAO No. 98-104, Designation of Containment Zone. September 1998. • N:\OMAR\SO[LPLAN\PLAN_A _121602.DOC • RWQCB. 1998b. Tentative CAO No. 98-104, Designation of Containment Zone for Groundwater, Former Omar Rendering Surface Impoundments. September 24. RWQCB. 1998c. Containment Zone Statistics for the Former Omar Rendering Site, Chula Vista, CA. Letter from RWQCB to Darling. October 1. RWQCB. 1999. Containment Zone Designation Request for the Former Omar Rendering Site, Chula Vista, CA, dated July 28, 1999. Letter from RWQCB to Darling. August 2. Woodward-Clyde Consultants. 1985. Preliminary Review of Closure Conditions and Land Use Regulations. January 25. Woodward-Clyde Consultants. 1987. Report of Subsurface Contamination Assessment, Omar Rendering Facility, Chula Vista, California. Prepared for Peterson Manufacturing Company. May 1. Woodward-Clyde Consultants. 1990a. Results of Soil and Groundwater Sampling, Otay Valley Industrial Park, Chula Vista, CA. Prepared for Otay Valley Industrial Partners. • October 3. Woodward-Clyde Consultants. 1990b. Report of Additional Groundwater Sampling and Analyses, Otay Valley Industrial Park. November 15. • N:\OMAR\SOfLPLAN\PLAN_A _121602.DOC • TABLES C7 • N:\OMAR\SOf1.PLAN\PLAN A 121602.DOC r~ u • ,_ ... _.< ~ ~ N > ~ 1eM ~..Lf t ~ ~ > ~. _ ~~ .» ~~ .\ ~ ~ . F'~ du fiCr '. .. . • " _ . :._~ ~ -' - - .. .4.. $. , ' ~ .~. ,~ ~ ~. rt O i .h _ ~ r. n. TeteRraPh~ ~*~i~t~,•„ `~ ,.: ;.. Cant '. . ~~'~ . _ l~ . o - ~ L ` r ~ ~ yfPP~' ~ ~ ~ ~t _ ~ -.. .r ~~R{l r+~;~ °°~ - _~rer a., 9r a. - ~. '~ ~ .,, tee. ~ ~ t ) .. r ~ i' s ~ ~, .~ ~, ~ , ~~ •. 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OEEN15O COURT i ~ ~C 1 / ~~ ~ ~ ./ ~/ // - ~A ~ o //~~-- ~ ~ r ~ /„ ri / ~ "';e' ~~ r ~/ / ~ c ~' ~ / ~ / ~ ti.~ ~f1 ~~ ~ L~ ROM CT. / ~ / R ~ ~ ~ / m ~~ I / ~v r 0 0 ~ ~ I ~' 'A I ~ s I ~p I C ' ~e m I IC I Q I 6 y ^ m ~ ~I I 0 DRAWING 806404-B8 All I\ID~D Z - v ~~ '~ l ~.. ~, /r~ ~ ~~/~~p+ I ~ ~~ ~~ J ~, ~"~ n~V o~~ ~~ // _ ~~, I ~ ~~ ~~ I ~ . ,~~ ~/ . / / ~ ~ ~T :~~~~ / ~ '4 . ~~~~ \~~~~ i y l ~~ ^~~.v ~; ~.~~~~ i ~ n~~w ~ ~~ ~ ~..~, ' ~ N t\ 1 ~ 1 ~ , , ~ I ' ~ I 1 `.; _ r ~ ,ll ~~ ~ ...~+ f ~ / . ", ' ,. ~~ ,,A ' , y ;~~ I I I y'' -~~-~~ ~~ Wye ~, m =: t CJ APPENDIX A SDRWQCB ORDER NO.97-40 r~ • \\SD(EPP1\COMMON\OMAR\SO[LPLAN\PLAN A.DOC -r .~ ~- Sf+~ . Of CAIIfORN1A-G1UfpRNU ENVIRONMENTAL PROTECTION AGENC7 pETE 1M~$ON Gov~r~fp~ CALIFORNIA REGIONAL WATER QUAIlTY CONTROL $OARO _ SAN DIEGO REGION -`i • ,771 CIAIREMON7 MESA BOULEVARD. SUITE 8 ~~~' ~~ ~~ REQUESTm .~ sAN olEr;o. U e2~z~-»~ P ?60 996 968 TEL.EPNONE. (61 91 467-2952 ...,.-•• June 13, 1997 Ivir. WiIfiam R McMurtry Darling I1, ~, 251 O'Cmttmr Ridge Btvd, # 300 Irving, Texas 75038 Dear Mr. Mc ORDER NO.97-40, `~VAS'IE DISCSARC~ CLOSURE AND POST- CLOSURE MAIlVTaIANCE, CLASS I WASTE MANAGP~IT CONTAINMENT CELL, _ FORMER OMAR RII~IDERING FACII.TIY, DARLII~TG IlVTERNATIONAL" Endosed is a copy of Or+da 97-40 which,was adopted by the Regional Board on June 11, 1997. This Order establishes closure and post-dosure mainteQancx requirements for the Class i Wasu Management Containment CrIl at the site of the forma Omar Rendering Facdity. Compliance with the regttirem~s of this Order w~71 involve considetabie effort on your part. Staff of this Regional Board wt71 be malting frequent moons to ensure that compliance is adueved, and wiIl be pleased to work with you and assist you_ Please note the monixoriag program req~ured by the subject Order. Monitoring reports shall be furnished, undo penalty of perjury, wataining the required information at the frequency designated in the monitoring program Facture to submit the required monitoring reports constitutes a violation of the Order, is a misdemeanor ands Division 7, Chapter 4, Amide 4, Section 13268 of the California Water Code, and may result in imposition of administrative eruct liabilities of up to S1,000 per day of violation. If you have any questions or comments cancrrning this Order, please cotntact Mr. Brian McDanid at (6I9) 627-3927. Sincerely, r ~:. `10F3N l3 ROBERTUS Executitire Officer F.nciostrrc cr: Ms. Liz Haven, I?ivisiaa of Clem Water Progtmms. S WRCB • Mr. Kra Calvert Co~uuy of Sin Diego, Local F Agcary Mr. Jos~b Monaco, City of Clutls Ytsta Mr. ~ 3amall, Risk-Basod D~ia~ns, Inc. Mr. Rich Rolfe, Air Pollwtiaa Conad District dlr. Haissam Y. Sallovm. De{s>orirneac ofToxic Substances Coatroi Mr. I-tra D~lingham., Caiiforaiz Dc~arTmmt of Ftsh end Creme cAI.IFORr1IA WATER QuALrrY corlTROL BOARD SAN DIEGO REGION ORDER NO. 9?~0 wAS-rE DISCHARGE REQIIIRE1blEN'IS FOR CLOSIIBE AND POST-CI.OSIIBE CE FOR T~ CLASS I WASTE MANAGEA~I'T CO CEId. OMAB BENDEBING FACIIITY, DARING Il~ITERNATIONAL 'The Calrl'ioraia Reg~oaat Water Qua~ty Control Board, Sera Diego Region (ha~a$a Regional Board), finds that: Bickgroand 1. On January 28,1980, this Regional Board adapttd Regional Board Order No. SO-06, Ciosnre Regniremeats for the Omar Rtaderiag Ccmpaay Dampsite Ia the Otay River Valley. Regional Board Order No. 80-06 established r~~ for dosure of the dial liquid hazardous writs d1 s~- 2. Oa Deceaober 21,1987, this Regional Board adopted Regional Board Ocda No. 87-14i, Closare Regniremeats far the Omar RenderiQ; Company Dumpsite is the Otay • Biver VaIIry, as part of the update program. 3. The scte of the former Omar R~daang Fa~- (Omar Reaching] is owned and operated by the 'Texas based Dari'mg Iataaauoual, Incorporated (£ormaly Dar$ng Delaware Inc.). - The former Class I liquid hazardous waste dn;posal srte op~ed from 1959 to 1978. ?lie site is located in the ~y of Chula vista, on the north side of Otay VaIIcy Road approaamatdy'~4 m~1e east of Olearida Avemre, sat miles doamstream from the Lower Otay Resa~voir. The site is located on Attach 1 to this Order. 4. On hme 8, 1982 the Regional Board approved i d°wre plan 5or thz forma Class I liquid hazardous waste d'>sposai sate. Closure of the site was achieved by the eaccavatiaa and rdocation'of hazardous assts material from the forma sruface impoundments into a day ~ (~,~ I c facd'ity coastnicted is the northwest cornrr of the property. 'The former stuface impoimdmmt arias were covered with dean fiII material and compacted.. The Class I facd'rty is referred to as the Class I cell. 5. As part of the FY 1996Ji997 waste Discharge Order IIpdate Program, this order updates Order No. 87-141 and inchrdes a revised mo~~$ ~d nP°~ns3 PTOSr~'n order to address arrreut State and Regional Board policies, regulations, and the aureat status of the project Order No. 9740 -2- 5. Appiuabk regulations governing the dosed Class I Waste Management Umt at the former Omar Rendering Fac~y arc the Cara Code of Regulations, Title Z3, Division 3, Chapter 15, Discharges of Waste to Land (23 CCR). Water QaaGt1' and Site Investigations 7. DarFmg a solid waste asses test (SWAT) report dated Juno 1989 for Omar ~~8 P~ to Water Code Saxion 132T3, which requires the oprsar~or to perform a SWAT to deicmina if the site is lealaag waste to stuface or ground wattx. 8. ~ Tbt SWAT report identified iaotgamc nerd wlanle organic compounds (VOCs) indudiag tetrachlaroetheae, I,1,2 ZiichloroethaaS tric~lorvethene and methylene diioride is soil and grotu~dwater beneath the former surface impouadmes~ts. 9. Based upon the results of the SWAT, Darling initiated as investigation in 1989, to define the natiuc and ea~eat of hazardous waste migration firom the former surfacer impoundmerns. In August and Septembe 1995, Darl'mg completed a heahh risk assessment, and imrextigation of sod and grouadwatar oondtions. 10. On Apn126, 1995, this Regional Board was designated the lead administering agency for • cleamip oversight for the former Omar Rrsderiag Site, pursuant to Chapter 6.65 of the Health and Safety Code, Section 25260 by the CaUEPA Site Dexignation Committee. The cleanup and abatement of soil and gramdwatrr impacts beneath the former aufaee impouadmeats are being eomplded under a separate Order. Site Description 11. 'The Class I cell at the site of the fiormer Omar Rendering faodity is located in the ?~ 1l4 of the NWU4 of Searon i9, T18S, R1W, SBBatM. ' 12. The site is underlain by a veaexr of teYraee deposits overlying San Diego Formation sandstone, conglomerates, and beatanitic days. Water Qaatity Control PL• n 13. The Water Quality Control Plan Rtpoct, San Dingo Basin (9) (hereinafter Basin Plan), was adopted by this Regional Board on September 8, 1994, and subsequently approved by the State Waxer Resources Control Board (Stale Board) on December 13, 1994. Subsequent revisions to the Basin Plan have also been adopted by the Regional Board and approved by the State Board. The Basin Plan dexignates benefiaal users and narrative and numerical water quality objectives, and prohibirions which are applicable to the discharges • regulated under this Order. Order No. 97-40 -3- 14. The Class I till ai the site of the fotmrr Omar R;mdaing facility is located wi~thia the Otay Hydrologic Subtmit (1020) of the Otay Hydrologic Utut. i5. The Balm Play idemifies the following beaefical uses of inland surface nerd Bound waters of the Otay Hydrologic Subunit (1020): a. Satfaa watai b. Ground svatcr 1- l~tmic~pal and domestic supply ~ 1. 11~itaicipal 2. Agricultzuai supply 2. Agricultural 3. Industrial service supply 3. Indusstriai setvitx suPP1Y 4. Wildi'ife habixat 5. Preservation of rare and endangered species 16. The Basin plan established the following water qua&ty objecxives for waters of the Otay Hydrologic subunit (1020): • l . j :: . Mp:j,:P}~'tG..'.....~'~.'. .y :. 4Q_•_,c Total D~olved Salida ... :. ~.. lr. ~ h ,.. •~"~ro I~~.;v 1000. :<iv...... ..~:: 7 ~F:~ :<js?:ie', ..1500 t~lacide 400 S00 mil Ptrcxat Sodtmt 60'/. 60a/. Saifabe S00 S00 Nttrat~e as N - 10 m¢!t . N' dt Phosohoavs a - Iron 03 0.3 mE/1 Maa>:anese 0.05 mil 0.OS Methylene Bh~e Active Substances OS OS mrJl ~~ 0.75 OS Oda none t>otte T ~ - ZO NTU S NTU ~~ 20 Units 15 Units ~~~ 1.0 1.0 1 The above not to be exoerded mere than 10'/. of t ie tip 134: tagll = tat7lig~ms pe iitrr NTU = Ncphdametric Turbidity Ut~s of ~vgtn and phosphorus, by themselves err is combinations with other mm~ients, shall be maiatamod at lends below thax whic3t stimrilate algae a4d emegtot Plant gtvwth. ~rrsbold foul Phosphates (~ ~ati~ons shaII not crceed 0.05 mgJL is nay st:rsm at the point whist is eutris any srwdiag body of vrater, nor 0.025 mgrs, is ~ standing body of wamet: A desiind goal is ceder to przveat plant nuisance in strt:~s and other flowing vvatrss appears to be O.I tttglL total P. These values are not to be eac~ded that than 10 prszcai of the time unless studies of the spes~c warn body is quesdan clearly show that vats quality objective ehmng+es azz pamimble and chmgc arz approved b7 the Regional Board Analogo¢s tharshold values have mt beoea act fior nitrogra eampoands; howevc, nanaal ratiaa of nitrogen to phosphorus azt to be d~ by and moaitamg and ugbcld if data art ladong, a ratio of N:P = 10:1 slsall be used Order No. 97{0 -4- CEQA and Other Legal Rrterrac=s 17. The Class I cdl at the site of the forma Omar Rendering faaTrty is an casting fan~ity nerd as such is exexapt from the provisions of the California F~vironmenxal Quality Act in a,ccordaace with Tile 14, California Code ofRegulations, Chapter 3, Ardde 19, Section 15301. 18. The Regional Board, in establishing the requir~u contained haesn, considered factors iadudmg, but not limited to the £oliowan& a_ Past, preset, nerd probable fiture beneficial uses of waxer. b. of th,e hydrogtaphic unit undo consideration, including the quafity of water available thrxero_ c. Water quafity conditions that could reasonably be achieved through the coordmaxed control of all factors which affect waxer quality in the area. d. Economic considerations. • e. The need for devdoping housing within the region. £ Beneficial uses to be protaxed and water quality objectives reasonably required for thax purpose. g. Other waste discharges. h. The need to prevent nuisance. 19. The Regional Board has c~nsidaed aIi water resource related eaviroumental factors assocdated with the discharge of waste associated with Omar Rendering. 20. The Regional Board has notified ata~sred agencies and aI( known interested parties of its iatmt to issue dosure and post~:losure maiarman,x roquirememts for Omar Rendering. 21. The Regional Board in a public meeting heard and considered all comments pertaining to post-dosurt mai~eaaace for Omar Reudaing. TT IS ~REBY ORDERID, That Darling Intnsnational (herein,afrer dischargers in order to med the provisions contained in Division 7 of the Cafifornia Water Code and regulations adopted thereunder, shaIl comply with the following at the Class I cell ax the site of the former Omar • Rendering faca~ity: ' Order No. 9?-~0 -S- f• A. Prnh~itions 1. Discharges of wastes to lands which have not been speczfiically desc~~bed to th,e Regional Board and far which vafid Waste Discharge are not in force are prolu~rted. Z. The discharge of waste shall not a. Cause the occiure~ax of. coliform or pathogenic organisms in waters pumped from the basin; b. Cause the occaurzace of objectionable tastes and odors is water pumped from the c. Cause warns pumped firom the basin to foam; d. Cause the presence of toxic materials in wagers pumped from the basin; ~. Cause the pH of waters pumped from the basin w fait blow 6.0 or rise above 9.0; £ Cause this Regional Boards objectives for the ground or suuface waters of the Otay Hydrologic Area, as established is the Basin Plan, to be excxded; nerd g. Cause poIlutioq coon or mrisance or adversely affect beneficial uses of the ground or waiezs of the Otay Hydrologic Area as established in the Basin Plan. ~• 3. Odo~~ rs, and other nuisances of waste origin beyond the limits of the landfill site are Pro 4. The discharge of waste from Omar Rendering to surface drainage courses or to usable ground water is prohibited. 5. Disposal of liquid candensate generated by the eattraction of landfiIl gas at the site is prohibited. 6. The Balm Plan prohibitions shaIl not be violated. B. Post-Qosnra Maintesanct Specificztioat for the CLzss I Containment CrB_ 1. Anmiaily, prior to the anticapated rainy season but not later than October 31, nay necessary erosion control measures shaII be implemented, and any necxssazy constructioq maiutenancx, err repairs of precipitation and drainage control facilities shall be completed to prevent erosioq pondmg, flooding, or to prevmi ssirfacz drainage from contacting or percalatiag through wastes at the Class i ceIl. 2. The disposal site shall be compacted and provided with a final cover of at least three feet of clean soil At least one foot of the final cover shall be compacted to attain a permeability no • greater than 10~ c~lsx. Order No. 9'I-40 -9- • D. Rgwrting Begairemeats 1. Change in Disch~; The discharger shall file the following repot in accordance with the following schedule: a. Report of Waste Llischarge The ~hargtr siraII file a new Report of Waste Disc~arg+e at leaf 120 days prior to the £oIlowmg: 1) Sigaificaat change is post-dos~a~e ma~teaaoce armies which would significa~iy alter adstmg draiaag~e patterns aad slope oo~graations, or pose a poteatial threat to the integrity of the site; 2) Change is land use other thaa as desar~ed is the findings of this Order, 3) S'ignificaai chaage in disposal area, e.g: vccavation and relocation ofwaste on site; err 4) Any planned change is the regulated amity or activity which may result in noncoanpliancx with this Order. b. workplaa • The er shaIl submit a wo ran at least 30 r to ~8 ~ ~ P~ any maimeslance activities that could aher edsting surface drainage patterat or change vastzng slope configurations. ~ These activities may include, but not be to, signifirdnt grading activities, the importation of fill material, the design and instaIIation of sod borings, ground water monitoring wells and other devices for site investigation purposes. c. Writtea Notification The diselrargrt shall provide writtea notification at least Z working days prior to any maiateaancx activities that arc minor andlor routine in nature, do not add a significant amotmt of water, do not inhbit drainage, have limited potential for impacts to bmcficial use of water, and well not interfere with firtune routine maiateaance. These activities may inchrde, but not be bmited to: 1) routine maintenance grading nerd dust ventral; 2) Iandscapmg with miaimal/no water application; 3) gas surveys with temporary probes; or 4) repiacemenrlremoval of gas veIIection wells. • • Order No. 970 -1 a z The dish shaII fiunish to the Exeartivc Officer of this R,cgioaal Board, within a reasoaahle time, nay ia6ormatioa which the Fxa~ve Officer may request to determine whether entree erists for modifying, r+evolans3 and rdsaring, or terminating this Order. The discharger shall also fianish to the Executive Offiar upon request, copies of records required to be kept by this order. 3. Clianec m Ownereh'+p, The shall notify the Exeartive Officer, is writing at least 30 days is advance of nay proposed tcaasfrr of this Order's responsbiTziy and coverage betareea the aureat owner and new owner for construction, ope:atioq dosure, orpost-closure maintenance of a waste management unit This agrarnmt shaIl iadude an admowiedgmeat that the caasting owner is fiabie £or violations up to the transfrs daft and that the new owner is liable from the transfer date oa. The agre~eat shall include an admowiedgmeat that the new owners shall accept r~poasb~iiy for comPfiaace with this Order which includes the post-dosurc mainteaancx of the waste management uart. 4. incomniete Re;~^ • Where the discharger becgtt-es aware that it farted to submit nay relevant facts is a Report of Waste Discharge or subaritted incorrect iaforazation in a Report of Waste Discharge or in any report to the Regional Board, it shall promptly submit such facts or iaformabon. 5. Fndan¢etmeM ofA hh mi Em~immnrnt The discharger shall report a~ noncompliance which may endanger health or the emrironmeat. Any such information shall be provided verbaliSc to the Exeartive Offiar arithin 24 hours from the time the owner bec:omcs aware of the A written submission shaII also be provided within five days of the time the owns becomes aware of the The written submission shall contain a description of the noncompliance and its cause the period of noncompliance, including exact dares and times, and if the noncompfiancx has not bees corrected; the anticdnated time it is expected to contirnre, and steps taken or planned to reduce, dia®a~e, or prevent recurrence of the noncompliance. The F~ceartiv~c Offiar, or as authorized reprc.~tativc, may waive the written report on a cast-by-case basis if the oral report has been rived within 24 Nora s. :~ Order No. 97-A0 -11- 6. SLOPE F~rmF The discharger shall notify the F~cecutivc Offiar immediately of say slope Endure occurring is ~a waste management unit Any fai~r+e which threatens the integrity of the contaiarneat features or the waste mamageauat unit shall be promptly corrected a8er approval of the method and schedule by the Fxecutivc Officer. ~. The discharger shall comptq wrth the attached Moaitocng and Reporting program No. 97- 40. Moaitotiag results shall be reported at the intervals spec=fied is Monitoring and Repotting program 97-0. 8. Report Devi rat;nn All appkications,.teports, or inform~atioa submitted to the Exeauive Officer shall be signed and certified as follows: a. The Report of Waste Discharge shall be signed as follows: 1. For a carporatioa - by a prmcipal exeattive officer of at least the level of vice- ptmdeat. 2. For a partnership or sole propridotaliip - by a general partner or the proprietor, rrspa~ivdy. 3. For a manicipaIity, statt, federal or other public agracy - by either a principal ecautive officer or ranking elected offidal. 4. For a military instaIIatioa - by the base commander or the person with overall tttiponsr~bilrty for eaviroameatal matters is that branch of the military. b. All-other repom ttquired by this Order sad other itifnrmatioa required by the Executive Officer shah be signed by a person designated in paragraph (a) of this provision, or by a duly auihortzed repr~s~rive of that person. Aa indrviduak is a duly authorized represearativc only if 1. The authorization is made in writing by a person dcscrtbcd in paragraph {a) of this provision; 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated fa,dity or a,crivity; sad Order No. 97-40 -12- 3. The wtittra authorir~tion is submitted to the Executive Officrr. c. Aay Berson signing a doaaneat under this Secaron shat! malcr the foIIowing won: - Z certify wader penahy of law that I have personally ecaatin~ed and am famiIIar with the infoimati~oa submitted is this doamu~t nerd aII nerd that, bawd oa my inquiry of those iadtsriduals y responsible £~ obtaining the mformatioq I believe that the information is flue, aauraQe, and cumplate. I am aware that there are significant penalties for submitting false information, iadudmg the posstb~ty of face and ia~cisoameas-" 9. The discharger shall submit reports required wader this Order and other information requested by the Festive Offiar, to: Land Discharge Unit California Regional Water Quality Control Board San Diego Region 9771 Clairemoat Mtsa Blvd., Suite A San.Diego, California 92124-1324 E. Notificltians 1. U_S EPA Review These meats have not been offiaalty reviewed by the United States Environmental Protection Agency and are not issued pursuant to Section 402 of the Clean Water A,ct. Z.Civ~l Mon },Rem ies The California Water Code provides that nay person who inteadionaIIy or neghgeatly violates nay Waste Discharge Requirements issued, reissued, or amended by this Regional Board is subject to administrative av~1 liability of up to 10 dollars per gallon of waste discharged, or if no discharge occzus, up to 1000 dollars per day of violation. The Superior Court may impose crvd liability of up to 1Q000 doDars per day of violation or, if a cleanup and abateineat order has been issued, up to 15,000 doIlars per day of violation. 3. PmaNic fnr imr~sri ricm Momtorin_2 or inmectien Vielarion. " The California Water Code provides that nay person faII'ing or refining to furnish technical or monitoruig program reports, as required under this Order, or fi nay information provided in the monitoring reports is guilty of a misdemeanor and may oe subject to administrative null liability of up to 1000 dollars per day of violation. Monitoring and Rcpottittg -3- • Program No. 970 ' 1_ G~roand Water Flow gatdDirection For each motmored gro~md water may, ~ a shall mras~u~c the water lend is each well nerd detestaine water ~ rati a~ dn~ction at lease semi- nochtdmg ~ times ~ ecpe~,~ baghest nerd bwest deviations of the waxer kvd for the respecar~ grate ~'~ ~Y• Gr~ouad water elevations for all ~ and downgra~eat weIIs 5or a given ground waxer body shall be measured within a period of time short enough to avid temporal variations in ~~ water flow which could prelude acauate detrrmiaation of ground water flow rate and won. i Weil Purging a. Prior to sampling monitoring wcas, ~ Pia of a floating immiscnble layer in all wdis shall be deta~ at the beginner of each sampling event. This shall be done prior to any othe uxivity which may disturb the sluface of the water in a well, c.g. w~~ kvd measurements. ~ an immiscabic ~ ~ ~~ the gegtonal Board shall be notified within 24 hours. b. Prior to purging each monitoring ~, the static water levd shall be • measured. c. Feld logs used during welt purging shaIl be ~~ ~ the monitoring reports. The i>¢ormadion is thtse logs shall include: the method of monitoring fill pazamcters, calibration of the field egiiipmeut, method of purging (tf a Pump ~ use, mode P~ place~meat and pumping rate), date each well was purged, wdl recovery time, method of disposal of the P~g~ ~~, an estunate of vohime of water purged from each well, the results of aIl field analyses, well ~, depth to groemd water, method of measuring tha watts lend nerd field prssonad signatures. 3. Ground Water Sampling and Anaipsis a. 'The ground water moritoring network shaIl consist of monitoring wells ~. ~_~ ~_3, MW-8 and MW 13 u shown on Attachment No_ 1 to ~~~ ~ g,~rtrng Program No. 97-40. b. The discharger shall sample ground watts monrtorzng wells MW-2, MW-3, MW-8 and MW-13 foe the foilowirig constituents semiannually: • • n U Monitoring and R,ePorting ~' Program No. 970 Monitoring and Reporting -S- Pmgram No. 97-40 Nu3oci mall Sant-Anaualiv Potassiczm Semi-AnanaIty Seieuium Scazi-~,smuaity Silver ~' Sodiam Semr- ~~ Semi Ana~v Vaaadi~ S~"A~usIIv Zinc Semi-Ar~aIIv Note: mg+l = m~i sad µ~l a ~ D. Reports to be Fr1ed with tLc Board Ajj ~~ shaII ~ m ]atrt thaw one month following the ead of their respective Reporting Period. The reports shall be comprised of at least the following in addition to the specafic contents listed for each respective report type: • i. Transmi~ttalI.etter A letter su®anang the esseatrtial points shaIl be submitted with each report. The transmittal letter shall include: . a. A drsarssion of air requiremrat vrolatroas found since the Last such report was ~ and shaIl de,~azbe actions talcea or planned for correcting the violations. If the discharger has previously submitted a detarged time schedule for coatdiag said requirement violations, a rcftrnace to the camespondeacc traasmi~ting such schedule will be satisfactory. If no violations have occinred sincx ~ last submittal, this shall be stated in the transmittal lefts; and b. A t~ under P~~ of penury, that to the best of the signet`s imowiedge the rr~ort is frog complete, and correct. This statemeat shall be signed by an individual that meets the requiremeats contained in Reporting Rcquiremeat D.9. 2. Semi-Annaal Resort The discharger shaIl submit a quarterly report to the Regional Board covering the previous six months. The quarterly report shall contain, but not be limited to the following: . ~ ~ _ A ~,~y of quartcdy rnspertions and a discussion of airy Monitoring and Reporting ~- Program No. 970 ~ • sgdfica~ Snd'tngs as described in B. Site Maintenance of this Monitoring and ~~ b, ~~ -For each monitored groundwater body, a description sad graphical przscotation (e.g., arrow on a map) of the vdocity and won of ground water flaw uaderlaramd the cell, based upon water lewd devatiom taken doting the coitec~oa of the water quality data srrbmi~tted as part of tins M°~artng and ReP°rang Program. c. well nfnrmation - For eadt monitoring wei>, a description of the method and time ~~~ levd ~ ~~ and i de.~cription of the method of purging used both befiue samQTmg to remove stagQaat water in the weir, and a$er sampling to remove the water that was in the well bore whrle the sample was being taken. d. ~a ~r,fo 'on -For each Monitoring Point and Background Monitoring point addrrssai by the report, a description of the type of pump or other device -used and its vertical pla,ameat for samipling, and a detar~ed desa~iptioa of the information contained is AT of this Monitoring and Reporting Program. • e. ~ - A map (or copy of as aerial photograph) showing the locations of observation stations, Monitoring Points, and Background Monitoring Points. 3. Annual Samrnary Report The discharger s1t~Il submit as annual report to the Regional Board covering the previous monitoring year. The annual Reporting Period cads March 31. This report maybe combined with the W interlSpring ~s®ianmial report. The annual report shall incdudq but not be Itmited to the foilowiag: a -For each monitoring poi submit in graphical £ormai the laboratory analytical data for atl samples taken within at least the previous five t~iendar yam- Each graph shaIl plot the concentration of the wnstmrent overtime £or a gives monitoring point, at a scale appropriate to show treads or vanatiotLS in water qua&ty. b. ('omn~i~nCe Record I}is~ssi4II - A comprehensive disarssioa of the compliance rxord, re.9ult of nay corrective actions taken or planned which may be need to bring the discharger into full complance with the waste discharge c. Summary of Changes - A written summary of the monitoring results and • monitoring system(s), indicating any changes made or observed since the prcvious annual report Monitoring and Reporting -7- Program No. 97-40 • d, I~ _ A topographic map at appropriate scale, showing the direction of ground water flow at the landfiIl site. E. Iteporti~ ~ ~~ ~l ~ to the Fxeartivc Officer in accardaace with the foIIowiag schedulc: Ry~ort Frec;uencv R~,ort Period Bcu4rt..Ih~ 30 Days a8~r Semi-amorally ~-5~~~ October~i~tarch the ~~$ P~~- . Anmialllr Apn1 "March Monitoring reports shall be submitted to: Califarma ILegional Water Quality Control Board San Diego Region 9771 Clairemont Mesa Blvd, Suite B • Saa Diego, CA 92124-1331 ,- .; . /JOHN H ROBERTLTS `"~ F~ceattive Officer i• ~~~f~~..rrr . i ! ~t7 ~I-- '~- l ,rte .,---.. _ _ I` / '%~~ ~!':.~` ice' fs: S ~ '~ r r 'fir ~' ~, ~ ~ - ~ ` 1 f - // ~ :.-1 ~-. -RH~DER~NG FACI~:(TY - ,~ :. .~::~.,~r: Y /,!~.. . ,-: f:f tat ~-- ..~:-~ - x;• , j _ 1 .:-.:.. ' ---. _ ~ - ~-.~ is _ ~~ -~ ._.~ l.j ., P ,,,~ ~ ~~.,~;; 'r. ,~ • "~ a a -' ~ . - ~~~ _ I \~ ~ w \ ~+ • ~• • • -~ ~ i f 1 ~ ~ {I/ J ~ • ~ ~ ~ i j \ ~~. - ~ ~ ~• ~ ~ ~~ ~ ~~--~~ -i.~ ~ : ~ is ~ ~ 1= -~~ ~ ~- N - ~ 2000 4000 Graphic Scaie (Feet) BASE MAP TAKEN FROM USGS 7S MINI.TE IMPERIAL - BEACN t]UAORANGLI=, 1967, PHOTOREViSi=D 1975 NOTE: - StTE DlMENSiONS AND LOCATIONS ARE APPROXIMATE • ~ SITE V[CiN(TY M/~P • z~ %~ 0 Z _ ~~O C - Tv ~ ~ O C E;, : e- v Z rv ~ m ~ Z tr ~ ad ~ U O < ~O~ ~ < < ~ O C dJ a: •- ~ _ i4.~ ~ fj ~ ~ .. ~` '"~-~'~ F ~m Z ~ ~Z Q G Z fZi7 fit i" ~_ "' ,...~ 00 ~ a' . ~ 41 ¢.. C Z 2 tO;r Z F it Z .7C i.. Om t : O C V' ~t~ Z Z Z~ Z= D ~ vt Z y~.~~ff. O v Op O~ Z ~ Si ~ Cif- ss <O ~~ ~ fr = ~? O O om C~ ~ O _ ~ C ~ ~ ~ = C F=t.. ~ _ ~ S s ~ ~ oSG C g.` C ~~ U .. t-= G 2 GF' <_ O xm ~tU O _ O a ~ v: c V~-~f+ ~ F ¢F tr' °' Z. s vt~ mc= ii~Qil s = ds i; a .~ <C c S m < m ~N ~s~o po f.. ~ Z t vo E I 1 ~ nn ~ ' ~ 1 1 i i • 1 u r a- n _/~ ~ o ~ o s r i • ~ ~ ~ ~ `i ? Z~ Zt ~~i~ // l ~ ~ ~~ r O ~ . ~a~ s ~ ; _ ~ _,: ~ /#; ~ r ~' ~ O y ~~pl ~C ~ _oc ~~ r_ L 3 7 ~ a v ~~ a s ~ ~ 7 C = ~ O m L .. Q m 0 0 0 t~ 0 o= o ~~ o ~"' ~ t, ra ~ ~ ~ o o.. z ~w >> Y d ~ ~ ~ V ~ Y Y ~ OI C = Q ~ Y a r = a I - i ~' r ~. r ~ ~j 1 I APPENDIX B DTSC MEMO REGARDING RISK ASSESSMENT ~~ \~SDIEFPI\COMMOMOMAR\SO[LPLAN\PLAN_A.DOC STA'[E OF C~IL~jR1,Za , • _ ~ ~ - , - , _ _ _. _ .. ~~ -~ . - EM'DtOJ~(~.'fAL ~mE-'"IlOt. AG~1C1' .• .":s ,<_ ~. ~ - r~ :, .. ~ . - ,. . ,~ _ ~ ~~s~~ou~aL , _ ~~~ ... ' S10 S . _ , ,~:. - _ - ,Y .~_. _ ;, .~ _: - - _ . M ,xtw ri i... y~ t ~ m-B: jam/ • t - ~ `" - Safouh Sayed ~~ ~` r ~: Site ~, . Mitigation Branch t~. ' - _ s„~: ,,, 'Region 4 - n,; `~3 :~ 245 W. Broadway, Suite ?SO ;~~ s ~ Long ~Beach,~~ CA 90802 -, ~ .. :..,, .. .. - s .4r ,yr . N. ~Y PROM: Cheng L_ Liao, Ph.D., DAET~ Staff Toxi=cologist - • ~~VVVV// ~ ~~~ ~' Office of Scientific Affairs ~ '~ ~' 4~ ' ,. - - 400~P Street, Fou_th Plopr P.O. Box 806 - °. Sacramen_~n, CA 95812-0806 y': ,* ,. ,, t - ' ~' DATE: June 6, 39S6 . SUBJECT , Omz= Rendering Site - `` ~~; ' :_ - Chula vista, CA ~ • . PCh 13045, Site 400109-00 `::r~~°' BACXGR~3tJ2iD _;. T_ze 1993 health Risk Assessment (a"RA) .document for the ._~ , f,~ .former Omar Rendering Site was previously deemed complete by DISC t08A~s memoranda dated April 29, 1°90 aad August 30, 1994). • Sub_equent_y, DISC Regior. 4 staff deterttiaed that the ris}; assessment might have been based on incomplete information. The Oma_ szte has now submitted an "Addendum to Site Investigation and Risk Assessment" document, presented anditional site characterization data and evaluated resu?ting po~ential health risks, You reaue6ted •tne Office of Scientific Affairs (OSA) to review the submitted document and determine whether the new health risk assessment is complete. D0~1T REVIEWED . uAdc~encium Cu Site Investigation and Risk Assessment for the Former Omar Rendering Site, Chula V;sta, CA", Volumes 2. • PreparE~d for Darling International Inc, , by Risk-Based .Deci6ions~, _ Inc., sac=am~nto, CA, April 1996. .- - _- . _ _, ~._ Sarou~ Sayed .. _ . -_-~ June 6, 1~9b ~ -_:_--- . ~~~e Z ._-_ -,-- - GENL&.AL COb~TS ~~_ O've=all, the document is clearly written and well-organi2ec. ~~~~It con~a~ns essential elements fora health risY. assessment. The neu, 1395 siCe investigation results are clearly presented and appear to be compete. However, since there was no site visit by the staf_ o~ OSk and we have not scruti,n;Zed the samPlins of ' en~;iroiimental media and qu2lity assurance procedure, we must rely on your judgtn_nt that the data container ir. the report accur2teiy reflect the extent an.: magnitude of contarr_inzt_oa zt ~he s_ce . SPHCIF%C CO~ITS Tree document was zeviewed for scienti"ic content. ~- -- Grs-aaa=.:.icz: a=rots o= minor ed_;.ing =1aks th t = '~ interprets: ion have not been noted, t~'ith reco;as not a-feet the elements of health risk assessment, we have bedfoto various specific cvcriments: -loc~'ing 1. (~he1P1~'"=~5 Or CO*ICeT''~ (CO~~1 • ?~s a. ~~art of the 1988-E; site is vEStiaation, shal).oc: so_' i Qas a-za_yses were carried oL;. across the Dope= ?za and i,owe= P~Q (Sett'~~~n 2 . ~ . 2) . ~ VpCs were oe;.ectec _Z both areas . ~~inyl chior_de ~cas not detected :~-, the Uppe= Paci but was found i : a single sample (i.$ ppm) out of 2i samples aa2lyzen fo= t:Ze Lowe= ?zd. This is the anima reason =Einve~,t_gat_on. ~ fo= the 1995 s_te Section 4 presented the results aad inter-preta;.ion of the 1995 s~:te invostiaatior.. A fairly tom-°reaensive sampl_ng zno chsmica3 analyses we.e carried out fo= groundwater soil g doa-nc~le flux, Gnd surface flux emissions. ThE.zesu?ts we?e s'~or.:-i i r. va_ioLS tables and figures in this sec` ~ on. No vi:~y1 chlcride :gas detected. rot potential aDOVe-Sro~z;; z_.- er_po:,ere For 2:~.:,ans, s vOCs were p:edzctEri or.~ t5e vppe_ ?ac aad 17 VOCs or_ ~Ae Lower Pad. 2. P-~~?Z~Z~ lt/ OS°L~ D aCl n The loin°r Omar Fender=ng Sits has r_ot changed is terms of lard use since the earlier risk assess;r-eat anri recr~airs unoccupied. Therefore, pote_^_:ially exposed receptors in this subm=.tted Addendum are the same as those incl~:ded is the previous risk assessment, namely, a) Cu=~ent trespassers 'or int Hiders onsite; and b) fl:.t~.irC onsit~, workars. • These t3ssumnt_or_s are appropriate. Safo~1 Sayed - - • June b, 1596 Page 3 3. ~L r_ti^i g- r' thw - Tue stated potentially complete pathways of ey osu a .- ~hese onsite receptors are, P re _o_ a) Release of emi-ssion~ from the s --~ ou;,doo= a_: and i.nhalatioa by curretLZ~eSpzssersborrby future onsite-worke,s; and b') Release of emissions f=om the sub6u.=ace ir.:o ~. _ __ ~n Q =u:.ure onsite comme_cial/in3ustriol building ando a inha:cation of this ai.` by worke.s. - Ir. adn=lion to reasonable maximum a osure this ~-doendum also ir_cluded averare~case a (~") scenar=os, 6cenarios to provide a.-~ estitaatE oL G ,- xposure (pyE) re~eU;.o_ at the site. The approach used be th_~isks for ea c2: ~Pgrap-late . Y Addenducr, -= 9 . ~Y'- _rv T:1~pLTi1 ' On Z dal • Ca*±.es- Slope FacLO.s (S. s) for ca=cino Dosas (R°_Ds) fcr nnnc:arcinogen= 0 9`ns Sze Refe-ence F=om CalE?A docume~at and from USEPP.•syPntep_atedlAiskt°ir_ed Inforcation System (IZIS) database. '" S . ?nt`ikE L r : pn~ =011°~=-.^.g EPA Suidance, concent_ations of est_;:n3t`a using z "5or_ Mo3sl" aPFroach, ~OCs is e_r wEre =nt~-7:- Lor receptors is calculated zs ~e~`zl er.~osure o= Avera3e Dai3y Dose (LARD ,- Ether the bifetime• io_ ca=ciZOge:~s; or the Ave:ave Daily Dose (A7D _ nor noncarcinoge*~s), Er_posure pzrzneters DTSCDy~asdarce on ~rabele 5-1~1 2''nese salues eithe_ follow trE p~ope__y references. 6. ~: Chas^teri ~~-; on The go*_ezt_al hea3th impacts go5ec by residual contamination Gt thF sits were evaluated io= all chemicals detected in Ezch in:gacGed medium. Ris:cs and 'naz=_res were calculated separ~ir_21y for receptors at the Uooe_ Pzd anQ Lowe, Pad. :here :-esults.-are presented in Taa1e~ 5-8 trroLQh ~-19 and the sucamaT-_v of ekCess ca:~cer r~sks anc~ nor_cance= hezlth rzraxcs is shown in Table 5-20.~ ~~ ;isles ~-xcept foZ' on~i~e work A'- total ercees cance_ belo;• thessv i r ~ er under az RME scena==o are e_ o_ 1 x 10• Excess cancer =is;c r ,- wo=k~r L:,-ider a consErva;.ive -o- onsite • ~•it~;in the risk management r~esPo?a 1° is 4 x 10•~ whic~ _s `'°rk'=== • 'she norcarcinog 9eai~h com~nercizl/industrial epic h ~ n3-ands fo?- the ~n~?uded exuvaLre scenarios are all well be?ow t'~e zeceptabie hazard In4e:c c•= 1.0. ~` • Sd I Ollh S a}~°~ - , June 6, 1996 Page ~ • CONCLUSInN • =~1e s~m;LteC 6ocument is clearly ~:rttea znd Well-OrQ~~i Zed and cor_ta_ns essential components for a Thus, the health risk assessment for hezi"~ '_sk zssessrneat. complete, '.he e.~czss .caace= r;skF fo~DOte,~ic~P deemed a.e beiov: the r_sk manaaeme~t ran a fo= o` human -eceptors aae co:r~me=vial/industrial wo_ ,- 9 ca.s_ena_ t;eSpassers bs~ards ~ ~ke_s. The non-cz=ciRO?eaic heath lo= t'~E assumed e~.posure scenarios ere all ~:ei ba? ow 4he accepL~_e Hazard _adsx of 1.0. P1Ease note twat :.Ae stumitted hen? t not cor_side= futu_E residentia? Y h -i,.k assessment did Recion -~ staff should rn ~osu_e scenario. Thus, the preclud-e ~- die ce=tF-n that the formex Oma= site is d ~-o~ ;esidential use by a deed r'e6CS].CL10_^_. L Reviev,~e;: t,y : r Deno: an Oudi y , Ph . D . • 1/'^ ~er_io_ ?`oxicologist .! Orfice of Sci~ntif:^ affai_s ~ - cc: Karen Baker Supervio-ia_o Engineerins Geolocist oy~Z Regio^ 4 • • C a~ C O N a ~. 0 a. O v e~ a~ ~ ~ L H ~ u O U 'o 0 ~. d O d0 C '~ ' ~ O ~ > v N a ~ •~ •~ ~ N -' Q o N p ~ C _ ~ ,~ ~ ,~ __ O v~ '~7 ~ .. ~ -~s c ~ O by '3 ~ 'U ~ R+ ~ N A C s:. " j , ~ ~ :n .~ e. + ~ °' ~ o U - ~ ~ ~ ~' 0 .~ 0 '~ ~ > -o ~ ~ U ~ (~j ~ 0 ~ o o ~ ~ ° b o U ~ y V C~ on 0 O o s~. ~ 3 '~ 3 ° ~ ~ ~ 0 ~ ~ O b °~ ~ o o O ~ ~ c ~ ~ .o N ~ a~ w ~ ~ a. ~ ~ o a~ o O ~ o ~'" o ~ 1-n ~I-y ~ o w ~ ~~ ~; N a ~ a • ~ s G x ~ 3 Q~ O ~ ~ v ° o w ~ N o y a • .~ y V ~ ~ ~ .Y o .~ N an ~ ~ O ~ ~- U 0 ~' 3... ~ ~ o h ~ U .~ ~ ~ 0 • ~ V] 3 y o o ~ O '~ ~. U 0 •~~ ~ 1 + o ~. ~ c b ¢, ~ o U -~ g O -~, cv a '~~^, O :± o o a ~ 3 ~ 'b ~ -ts .~ ~a ~ U .-~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ -d a~ ~ W w O N w o ~ ~O ~ v w ~ -O v; 3 o u ~ O ~ ~ O O ~ O +-~ ~ ~ w 'L3 ~ > aS U ~ -~ ~s~ cC ,d O ~" ~ o O ~ _O L ~ ~ ~ N a.. 4r b -~ L ~ c~ ~--i ~ 3 O a3 pp ~ ~ b c _ ~ ~ O t-. ~ ~. >, oq O U L ° Q. dA O N ~ b v °~ ~ LZ ~ ~ OD LT. 0 E-~ • 0 N ~ ~ .b U 0 tj: " U c~ ..-: ~ a~ ~ ~ H M ~0 ~ b c ~ 3 ,~ • APPENDIX C EXCERPTS FROM DEH SAM MANUAL REGARDING SOIL WASTE MANAGEMENT • \ISDtEFPI\COMMON\OMAR\SOILPLAN1Pf~.N_A.DOC ~ ~~xuxc ~~' ~~x~ ~~ ~a~iRlftl.c O~P/IR"Ti1~ft ~ ~~~HEILL.tH. O~ECt~R LAl10`:~Ji0.1AE~T~R ~1ld.m".014~i l:O. ~1'i~al~ills~.iAc~"WEIO..C~ f~i4~t+L~_ ~t1~ 3>~-#!l1 #~ (Hit `#ii;~ilt r.~l~ala,l~sr _ _ .fat'luirrjr ~}~ 2fl08 TQ TiiE ~A~N tC1UNTY SfTE ASSES;~fiAlE1~1T~At~1: M!'t'~Cl~'ttON. ~~ ~O~G'[t~R _ __ Tedtl~it~ YVcxk t,~rou~t acrd Aerr~rtt e~.~il~ Pam _(S s h~a±~e~dewe{o;~ed tttese._ 8uidegrtes ba~sen 1.968 ~d 19~. Tel Wfc~'k . Gr+aup~s ~ ~ ~ i~tli~ldttal~ • repa-Btit~ pci+t~be~ lr~cryt; lire cam t~rr~triur~jt ~d.'!!~ ~~a~arysec~ac .S`~e~ff`~°II trav t~arnpi;e~ed the ~u~orporatitet +o~ these q~idelkte~s ir6a ihs ~.. -Ail of a puidetirt~ h~nnr: begirt de~laped in class aovp~ia't with iher ~n E~pite~l lfll~tet't~uat~y Cantr~cl 8oe-rd. . 7ltiri-mauwsl pr'o'vides ~ f+ct~ Persorwr s~+brt6 pns to SAM far t+evisw Tttsse ~ider~rtes bo a~ ewal~e >t~ aaoey~`~,~cjbntitted'fnfo~rmet#at. users shoutd hearr~ne that SAM ~#fmay stiAoMrr exoepfiorrt inn the ll~ wttan wori~lac~s ere provided artid epprt~rek is obtained before tl1e rea~k is .c~trtied otjt. The~ss d~i~s>~-msds an: a cue fir"case t~asis: The SAM Mares ?.~QB has been ~ and ~l~ed ia6e~+ecwier~o`u~e. 7hls mane! ~S in~artcied to r+epl~oe tall praeviats yuideiicws artd poilc.3es tbata~ve besn.dd try thts Di~~jsiasti: S' CHRtS GONA1fER, Chief land artd Watec Qtsolty Uhrisiart • - '~mtra~e~ua! and publ~ l~ttl~ tl~ra~gli Faa~sf~. pc~uiarsldpr m~sal~cx" SECTION 5: SITE INVESTIGATION TECHNIQUES need to fmd the source of the problem and to take corrective action, including re-sampling if necessary. F. Duplicate Samples Duplicates are samples taken in sequence to show natural variability. Closely spaced soil or rock samples are expected to have variable contaminant chemistry. This can be caused by abrupt changes in soil characteristics that influence the amount of contamination retained. Knowing where a sample comes from in the geologic framework of the site is more valuable than arbitrarily taking a second sample adjacent to the first. Sequential groundwater samples will vary in chemistry. This is influenced by sample collection method, well purging method, and well recharge characteristics. Because no acceptable difference between duplicates can be specified, and because trends over time and space are used to evaluate the condition of a contaminated site, duplicates are not required. G. Background Samples (Required if Background Contamination Suspected) If background contamination is suspected, the contaminant needs to be quantified and confirmed as background. The consultant must defend any case of suspected background contamination. Background soil or rock samples must be in the same geological material as the contamination. Background water samples must be taken upgradient of, but close to, the contaminated area; they must be from the same water-bearing zone as the contaminated samples. (NOTE: In San Diego County, naturally occurring metals in soil, contaminated imported fill, and chlorinated solvents in groundwater _ ___ have caused background problems.) • H. Containers, Preservation and Holding Time Correct handling of samples is needed to eliminate bias and cross contamination prior to laboratory analysis. See EPA SW-846 for correct handling procedures. -~ X. WASTE CHARACTERIZATION Soil that is disturbed and accumulated at a contaminated site through excavation, drilling, or other means must be characterized to determine the concentration of any contaminants for proper disposition. Examples of stockpiled soil include: • Excavated soil from a UST removal • Excavated soil placed back into a UST pit • Graded soil • Soil cuttings from borings or well construction • Imported clean soil mixed with contaminated soil All stockpiled soil that is associated with an unauthorized release, spill, or other release, and that is not intended to be transported off-site or is to be transported to an unregulated site, must be sampled and analyzed in accordance with the following statistical procedure. This procedure provides a uniform approach for demonstrating the contaminant level within a uniform soil mass. Prior approval must be obtained from DEH and/or the RWQCB for off-site transport or reuse on-site of any soil associated with • an unauthorized release, spill, or other release. Page 5-44 t2o.2o0o SAM Manual SECTION 5: SITE INVESTIGATION TECHNIQUES A. Sampling Protocol for Stockpiled Soil Stockpiled soil that is designated for disposal to a permitted hazardous waste or specified waste facility, or to a treatmentlrecycling facility, must be sampled and analyzed in accordance with the receiving facility's requirements. These facilities may have different. requirements than those presented below. Copies of all laboratory data and hazardous waste manifests, or other transportation documents generated for the soil treatment or disposal, must be submitted to DEH to demonstrate the proper handling and disposal of contaminated soil. 2. DEH wilt not accept composite soil samples for characterizing contaminated soil stockpiles. Only discrete samples will be accepted, because of the losses of volatile contaminants during sample handl"mg and the dilution ofnon-volatile contaminants. 3. All stockpiled soil associated with an unauthorized release, spill, or other release that is not intended to be transported off site to a permitted facility, or has not been previously characterized through in situ sampling, must be sampled in accordance with the protocol outlined below. This protocol provides a uniform approach for demonstrating the contaminant level within a soil mass. Prior approval must be obtained from DEH and the RWQCB for off-site transport or reuse on-site of any soil associated with an unauthorized release, spill, or other release, including soil taken from areas of the site outside of the spill or release. __ 4. Procedures in EPA Publication SW-846 provide a method for determining the mean concentration of a given contaminant within a soil mass and the appropriate number of samples necessary to calculate this mean to within a specified confidence level. Initial sampling should generate a minimum number of samples/analyses as described below. Additional sample analyses may be required to meet the confidence levels given in SW846; therefore, archiving of samples may be appropriate. Archived samples must be appropriately preserved and analyzed within the maximum holding time specified in SW-846. The minimum number of discrete samples initially required is given below: • Stockpiles less than 10 cubic yards: a min'~mum of two (2) samples must be collected, one from each half of the stockpile. Select sample points randomly within each half. • Stockpiles from 10-20 cubic yards: a minimum of three (3) samples must be collected, one from each third of the stockpile. Select sample points randomly within each third. • Stockpiles from 20-100 cubic yards: a minimum of four (4) samples must be collected, one from each quarter of the stockpile. Select sample points randomly within each quarter. • Stockpiles from 100-500 cubic yards: a minimum of one (1) sample for each 25 cubic yazds or portion must be collected (e.g., a 130-cubic yard stockpile would require 6 samples). Section the stockpile into 25 cubic yard portions and obtain a minimum of one (1) sample from each 25 cubic yard portion. Select sample points randomly within each 25 cubic yard portion of the stockpile. • SAM Manual ~.20.200o Page 5-45 SECTION 5: SITE INVESTIGATION TECHNIQUES • Stockpiles over 500 cubic yards: contact DEH for guidance on the minimum samples necessary. 5. Random sample points must be selected from locations on athree-dimensional grid. The presence of materials such as boulders, debris, etc., may make strict application of this requirement impractical. l:n such cases, it is appropriate to obtain the sample as close as possible to the randomly selected point without altering the spirit of the random selection process. For hydrocarbon contaminants, sample collection in either metal tubes or glass jars is acceptable, provided every effort is made to minimize the loss of volatile constituents. Metal tubes are preferred, since they will minimize aeratioa of the samples. Containers should be completely filled, capped, and placed on ice immediately. 6. Stockpiled soil is assumed to have anon-homogeneous distribution of contaminants. If a stockpile previously characterized by this protocol is split for any reason (such as to excise a portion expected to be highly contaminated from anon- or lesser-contaminated portion).the - ., . remaining mass must be re-sampled as a new stockpile per the previously described protocol to establish its mean contaminant concentration. Note that it is not necessary to consider each individual stockpile separately. At the discretion of the consultant, stockpiles expected to contain similar contaminant conditions can be considered part of the same soil mass for the purpose of SW-846 sampling. 7. Information on stockpiled soil evaluation must be submitted to DEH and must include the following: • An estimate of the volume of contaminated soil involved • A description of the contaminant (e.g., gasoline, diesel, aviation fuel) • A description of the sampling methodology and the sample location selection process • A plot plan detailing the stockpile and sample locations • A copy of all sample results, chain of custody documents, and QA/QC supporting data • A one-page summary of the laboratory results for the stockpile sampling • Statistical calculations for all stockpiles greatec than 20 cubic yards. Note: A Stockpile Statistics Worksheet (Table 5-8) and Tabulated Values of Students `t' (Table 5-4) are provided as an aid in completing these calculations. • A statement by the RP or by a registered professional (e.g., RG, RCE, Registered Environmental Health Specialist, or equivalent) certifying the level of contamination as determined using the SW-846 statistical process. 8. Data generated by field instrument methodologies such as photo-ionization and flame ionization detectors are not acceptable for quantifying contaminant concentrations. B. Sampling Protocol for Containerized Soil The RP or consultant often chooses to manage soil by placing it in containers (e.g., storage bins, 55-gallon drums) for security or aesthetic reasons. The chazacterization of soil placed in storage bins will typically follow the same sampling protocol as described above for stockpiled soil. However, the characterization of soil placed in drums may require the review of boring logs and site sampling/analytical data, as well as the collection of soil samples from selected drums. Please contact the DEH caseworker for specific direction concerning the characterization of soil stored in drums. Page 5-46 ~.20.200o SAM Manual SECTION 5: SITE INVESTIGATION TECHNIQUES r: • • TA6LE 5-8: STOCKPILE STATISTICS WORKSHEET' ~ _ .. : _._ iastslgr~plalfes~ irOfti ia4oalbly - f ~ :-- a . ~Cl~t~l~CBt; l~Y'tt10E~ - "i t Detemtat~ nutter ~ Stele: Yalll93. ~ '; piI T74 ,, :i-~ _ . ;~.,, Y~ i _ _ . , ~ &.~ .{.. - . ~`" . if ... n _ .. ~ _ ~. .. R .C810f1yQDs 4M~Qy8f78t1C9: s : _ • _. .. _ ~s; 1.1 ~~ ~ ,~; ~ "fit - - !!_-: ~J ~t8, SBt~lR19 Stdtld3R$ +d9Y13110f1:' s _ ;as,- B ~atcc>aba: d6~naes of haedan dr ~~ _ . ti<•=7 d'I 7 CalctAa~ sfsndand eiroc of the triean * a~ n e 06tairt"adtder-t's#•v~l±ie consspondi~tg~bo (S:A~e atlach~d~tehte ioE f~~, ]he degree 4t feedoca va[4ie_dsfetrrtlned vakles on ttiexti~9~1 ~,,~. V4~1:~1!aUTY W_ShN.11h18nre.N/IOiYttl d a ~'~ :tom. s-, V~° 10. ObtairrreyWa~ry-ff+ld ~vr tfe /~ ~=; contafttittent of Vim. ti Calctdat~' ,: RT - x _ a `S~ Estirnata<tttinitruim rxttnber of samples: f~; a= ~_ i accordance with the California Code of Regulations, Title 22, Section 66694, DEH follows the sampling guidelines set forth in Test Methods for Evaluating Solid Waste, PhysicaUChemica! Methods, SW-846, Third Edition, US Environmental Protection Agency, 1986. This worksheet is based on information found in Volume II, Part III, Chapter 9 of "SW-846"and is provided as an aid for stockpile characterization_ Far circumstances requiring data manipulation beyond that indicated on the worksheet, refer to SW-846_ " SAM Manual lzo.2oo0 Page 5-47 • • SECTION 5: SITE INVESTIGATION TECNNlQUES TABLE 5-9: TABULATED VALUES OF STUDENT'S 't' FOR EVALUATING SOLID WASTES Degrees of Freedom` Tabulatcd value2 df t~ (n-1) (RO'/° confidence interval) 1 3.078 2 1.886 3 1.638 4 1.533 5 '1.476 6 1.440 7 1.415 8 L397 9 1393 10 1372 I 1 1363 l2 1356 13 1350 l4 1345 IS 1341 16 1337 17 1333 18 1.330 19 1328 20 1325 21 1323 22 1321 23 1319 24 1318 25 1316 26 1315 27 1314 28 1313 29 1311 30 1310 40 (303 60 1296 120 1289 ~ Degrees of freedom (d~ are equal to fire number of samples {n) collected less one. 2Tabu(ated 't' values are for atwo-tailed confidence interval and a probability of 0.20 (80% confidence level). The same values are applicable to aone-tailed confidence interval and a probability of 0.10 (90% confidence level). • Page 5-48 1.20.2000 SAM Manuai SECTION 7: SITE MITIGATION PROCESS 1. Place on a relatively impervious surface such as covered asphalt, concrete, or plastic sheeting. 2. Moisten to minimize dust emissions during stockpiling (no runoff is to be created during this process). 3. Construct and maintain the stockpile in a manner that prevents surface and rainwater from entering the stockpile and minimizes vapor emissions. 4. Secure covering with heavy plastic sheeting to minimize vapor emissions and prevent runoff from rain (sheeting must be maintained in good condition). 5. Remove stockpiled soil in a timely manner after excavation to avoid nuisance complaints. Any stockpiled soil demonstrated by sampling and laboratory analysis, or determined by the generator to be hazardous waste, must be stored in accordance with hazardous waste regulations, and removed within 90 days of excavation. ,~---~j B. On-Site Management The RP for the unauthorized release may elect to manage the contaminated soil through on-site treatment and/or on-site disposal. The RP is required to follow the requirements of the RWQCB Resolution No. 95-63 (Appendix E.V! I): Sampling should follow the guidance in Section S.X.A. It is good practice to communicate closely with the assigned DEH Project Manager to avoid any unnecessary delays and/or expenses. Documentation of all implemented on-site soil treatment or disposal activities must be submitted to DEH and the RWQCB. C. Disposal of Contaminated Soil Outside San Diego County Contaminated soil to be disposed of or treated at a permitted facility outside of San Diego County must meet the acceptance requirements of that facility. Before soil is transported, DEH must be notified of the disposal location. Documentation of disposal of the soil {i.e., bill of lading, weigh tickets, manifests, etc.) must be submitted to DEH as evidence of proper soil disposal. D. Disposal of Contaminated Soil at a Class III Landfill in San Diego County Contaminated soil to be disposed of at a Class III landfill in San Diego County must meet the acceptance requirements of that facility. Prior to soil transport DEH must be notified of the disposal location. Documentation of proper disposal of the soil (bill of lading, weigh tickets, manifests, etc.) must be submitted to DEH. • Page 7-16 x.20.2000 SAM Manual APPENDIX E: GUIDELINES VII. RESOLUTION No. 95-63 (Waste discharge requirements for disposaUreuse of waste soils contaminated with petroleum hydrocarbons • • SAM Manual ~.20.200o Page E-55 APPENDIX E: GUIDELINES .................................................................................................................................................................... CALIFORNIUti RE6IQNAI. WATER QU1~I1'IY' CQNTROL.BQARI? SAN DIZ:iGO RECi~Qiq • ~. ~ ~ `* RES~LUTI4N NQ: 95-63 AitE.SOLtJ'ITUN CONDRTONAiLY ~IFANING ADOPTION OF wnsTE Dlscx~Axc1::Rrrs FOR DLSPOSAIIREUSE C1F PETROLE(Jllit H~DROCI4RBON FiJBL• CONTAI\~IINATEIy SOIIS (Ft;S) 'WFi>*RI~AS, Section 1326()(a) of the. Ca1•ifornia Watts Cade ~rogoines tit aaY l ~S wastaor pr~posmg to.disc~'ge waste within file Regioq, o~~r "than'ds ~ ctt~muzeity sewce' systen-: that could affa;t the quafity of the waters of the. Statq.:l~ $k a report of vgaste disd-arge; and VVJE~RI:AS, Set~ioa 13263(ac~ of tht CaLftxnia Water C`,ode ne~tit+es that California. R~ioaal Water Quality Goiittoi Boards prescn'be.requiremmts as to the mhmc of.e~nstmg and proposed d'~sclarges in their respective areas of jur~ctioc~ and . . VV.HEREAS, Cafiforpia Coda of Refutations, Ttde 23, )bvision 3, (~apter IS ror~mendag with Section 251Q contain regerirements governing discharges of waste to land; and VrAS, Board staffr+xeives numerous. = rc~cdmg d•CSposal and reuse of. soils wlnc6 coataia Iovy Iev_d oonc~ations of petroleum hydrocarbon fads„ aaosEiy gasolitre and diesel, - r from. various cleanup activities in the San SSA cegiobK and . • VvHEREAS, the Rcgiouai Board has determined it nooessaty.to devdog c+egion wide disposal and - reuse criteria tbat_enoaiuages alternatives tq disposal ofFCS to Class III land&I1s. this would increase the life of oPeratinglandSlls in the San Diego regron and ~Uf~REA.S, Sor the purpose of this Resolution, l<CS is de5nod as gasoGn~ diesel, kerosene and jet fad contaminated sod;.and WHF.RFAS, in Septanber 1943, a work group was initiated by the State Water Resources Control Board (State Board). In February 1945, the arork.group ooeopttted its mission and developed a-staff' repott-that assist ut establisl~utg criteria for duposaUreuse of oohed soil, including FCS. The 'group was led by'staff pf this Regional Board .and made up of technical staff from. the State. Water Resources Control Board and other rcgiooal boards; and - WI~REAS, oversight of dearnip and abafematt aarvities for duchsrges of waste subject to Section 13304 ofthe Califiunia. Water Cade, indudutg renadial. action for releases: o€ hazardoas substances from undetgraud storage tanks, is governed bx StataBoud.R~esolution Na. 92-49, as amended, and. the Water Qr~ality Canlrol Plcar, Saar Diego Basin (9J (Brim Plan); the wannng.of adoption of waste discharge requirements for certain discharges. of low-level FCS does rat affect or supersede the • Page E-56 i.2o.zooo SAM Manual APPENDIX E: GUIDELINES L_J Resolution No_ 95-63 -2- - _ polities or pr!ocodutxs _~tc•L oversight ac the ~ of deaoup letrds p~uattatd:w such poGc~es sad procodur+es. _ ~ .. . i~Vi~RF.AS, Soctioa 13Z6~ of the CaTifarnia Water Code autleocius Regioosl Boards"ter waive adoptian'of Waste d~scliatge requi~enb for- a specific discharge or~: spoa5e type of slisdrsigt where such a waiver is not against the public interzst; and . WEIEREAS, Section 13269 oftlte CaGforma Water Code . sttpiiiates-that auy waiver from $Gng a ~t ofwaste.dscf~e aod/arpresoi~i4g waste d'c9diarge cequirq s6all.lte, ao>~osel.and may be terminated at say time ~' the Regional Board; and. . 1-~, thu Regional board Sods t~aL. waivrx Of ~ report of WdSfC ~arffie sad :tssuatzca Of WaSUC disch$rge:tC~tnre>~ W~fE sirClt ~,watVrx ts.aat ~ public , would'emabk . ReglOnal BOatd_ !tiff res0ur+ces W bensed'niot+e EffCCtiVI.E~ ; ail - - - VVf~RF-AS, this Regional Band i>ads that a waives adoption of. waste dischazge tngitireate~fs for _ _ a specr5c typo of would not be sgauut the public iriLt~under one oc omtc of the following cirrciiui~ances_ 1. The`typc of a is effectively regulated by other public ageocYes; or 2, ?he type of dischasge does not sdverxly affect tfte gustily tsf or the beae5dai uses __- of the waters of the Stag o~c - • 3. The type of is not r'~Y animabl~ to rtigulatioa through adoption of waste . discharge r+equireme:its; or 4. The-type of dischargo is regulated through oversight by the Regional Board; and VVE~F.AS~ adios takes byor at the dicec:tion of public agenciesto cleanup or abate conditions of pattution or nuisaaoe firm tnv~eatiorial or unautltorined releases of waste pdWtaats to the aivit!onmezrt arc exempt firm the provisions of Chapter 1 S (Discharge's of Waste to Land), Division 3, Title ?3 of the California Code. ofAegulatfoiu pi+ovided that niatetials removed under such actions are disc~iuged in accordance wilt Article 2 {Wawa ~IassiScation and >vfanag«neacj of Chapter I5;_ and ,, WHEREAS, on November 15, 1993 the Regional Board staff adopted a Negative Drdaratioa for three types of discharges, including the 'disposal and reuse of petroleum hydrocarbon fud coNarnirisud soils, in acoondaaoe with the California Eaviroomeatal Qua4ty Act (pubGc'Resottrces . 'Coda Section 2 L00() et seq J and State guidelines, and the Regional Board. deterraiues there wilt be no significant adverse water quality impacts; and -r~~;- hf~ SAM Manual ~.20.200o Page E-57 APPENDIX E: GUIDELINES Resolufioa No. 933 -3- ~]~ ~; the Itegioaal8oard held i pe>b8s h/e~t~~in~g~_t{~~a~Mzy ~I6, I99s •in 3'emoa:la. an_ d camrdet+ed iil ~.w.idence noel pnbiic COY/+{iWl4• ~ Y ~~RE, 8fi"TI' RESOLIIF.E), that p~iisuamEto'~ttr~t '.ode Section i~3k9,'the Rcgoaai Board waives the +~L••,,.• at' wastc.dsdrar8e r~nce~ta for':t~a fotlov~u~g LYPe iof dischacBe~ p~vidcd that tha drxhatge ~ comply with the ooad~ons sst fcxth iQ. iii re~gltrtion, VKater t~tatity CgatroR Pha, 'San- Diegq Baia and appfiCabk re~uL~itions of other pirhFiC agmc~es; tad Seta pioistided that8is v+aiva shall not appiytp those des far whidtwaated_t~charge rggrdrerneats [sav!e been prtviorrslg adopted_ ~ , ._ _ 'mss !or Dtsoosat/ltwse of F'GS b Iaest'Wa:beto Une'l~i!'red waste Mantt~ement IInits 1 "Ibrs-vdaivsr does.not apply to ha~rdaas waste as ~eli<t~ed iu C,sfif`orrua bode"ofR,eguTatioos, T",tle T?visioa.3 Chapter 30, Amide 11. ~ . 2. The quantity of petroldun hydrocarbon Sid ©oed'so1 R~ may bo dupdsod of ate the .. ptoposod waste managenxat unit shall not,ezoeed S000 crrbiic yards. . 3. Site Cots~Ons"_ The proposed disptual srtcshaII iooet the follovYiag,oondrtions: a: Sepatuiou from Ground Water. The sor'f/vvaste shalt be placed at.'least five feet`.above the higl>sst anticipated level of water 'Iht sat? that the wasth sotl from goimdaraLtc shall: have a °signtficaot ~jr.oonteat ttiap SY cla}i~smed' araoeriai) ~or a of kss than 10's crnlsec.. If the sail tloes.not m~oet t#tese rise p«ma~y _ ~tegional - Board. wt71 consider a demonstration by the dischacgrr that the sift provides a Chapter 1.5 ~~~ b. Separation from-Surface Water_ 'Ibe sorl/wastq shall. be placed at !cast 100 feet from the Weans[ surface water. e. Flood Plain Protcdion: 'Ihe soil waste shalt be pmtoetad against 100 year peak. stream flows as detrtacd by the County Qood corrtto! agency. d. Cover The soiUwaste shall be covered by tither 1} er~giaeered materials (e.g_ used as road baseti ®t beneath buildings, bridge abufaym4s~, or 2) trot kss than 2 fioct pf noncvataminated, . cteaet till The cover shalt provided ertlw pnnvide a peraaeabr~ity,of less than I0'' cxtJsec., or ii shall be sorb compacted-to 40°/. relative nta~dmum ooarpactioa G Property t)vvr-er Acknowledgemectt`;'hy writted corrzspoadeace to the lt,egional Board, the property owner shall approve the plaocneat of the sor~lwaste ai tt~ site. • Page E-58 i.2o_2000 SAM Manual APPENDIX E: GUIDELINES • Kesolutioa No.-953 ~- - 4. At1 treated: sods must he ss~led and anaiymd using tine fogowiog a~mai requirements: _, ... -. a) ~ ARsa1 santpies-sing be'iakea is acodc+~aaoe v~ ' diacx set Earth is the mast ~Y pcanilgstod edrtia~a of 'rest: Mettticrda rar Evahntittg: solid wash P~h}~icatYCxmical I~tLod; sW-846," U.S. F.nvi~onmmta[Prgtoctiva A~auy. Tour quan~res - afsod less.than~ equai to 500 a,bic yauds, frxru samples per 100-oulticyards avrlt be taken F+ar.qua~ities of sod bdwesn SOU to SOOQ cabin yardt~, .era ami sarttple sha0 :b~ taken for every 500 wbio yards. A minimum of four samples shalt be taicRU for ail parauteters atraly:~ed accardmg to erther primacy and/or- seaonJaty analytiicat prato«tls. - . . b~ P`ruaary Analysis: The soil samples shalt be aoatynod for tlscpeigre4cy &+Rts of cor>cexn , , . ' as listed in.Ta61e t-. _ , f`ia9oGsiacoed soils shall. be aadyz~od ~g tt~e DFI'S[FPAMcthod:8015 modt6ed o quatrtdy !~ total petroleum hydr~arhaRS tlu+ough t6a edrboo range ~ to C,=. Tirc detection Gmit.fortfus Metfwd St)I5M ofagsi~s shalLbe na greater than iQ mghg.. Additionally, the so$ aliag be analyzed using 1~A.Ivfethod E020'to quantify the tonceaintions of benzeix., :totuear, ethytbemeae,. nerd total xylenes (BTEX) The detection limits for Method 802Q shalt be no greater thin S µghg. it7 Primary- - Diesd caataminat"ed sons shalt be analyzed usurgtheD):LSlEPA Metiwd 8015 modiffod to quantify tha total )~ hydrocsrhons Zhr~gh thc. carfioo rangc C,= to .C,,. The - minimum. detection for this metlwd of aaslysia shall be ao greater than 10 mg/lcg. • Adddoanlly, tt[e sod shall be atnlyrtd using EPA iVittliod 8020 to quantify die concentrations of BTFJC The miniarum detection limiU for Metfiod 8p?p shall be no greater than 5 µg/kg. . cj Secondary Analysis: if the primary level conditions (Coalition S~j are not met, the soil - samples egg the•highest coaoeatratioas. as aresult ofthe prratscy analyses (a miniaaim of 4 samples for all parameters tested) shall be Cuether analyzed for the secondary wnstituents - of. concexn ('fable ?). i} Secondary-Gasoline • Foc secondary aaalysu, the samples of gasoline oorrtamioabed sor7s shalt be exttaded using the Toxidty Ctwactaistic Leaclgag Procedure, modified to- extract with deionized water {DI TCt.trj. Proeedra+es for the TCLP arc descnbed in Apperid'gc I; Chapter i 8, Division ' 4.5, Title 22 of'the California. Code of Regulations. The DI TCLP extract shall be analyzed for BTEX.trsing Method 8020. The. atimmurn detxtioa limit fo_r BTF.X in water, using Method 8020, shall be no greater than OS µg/i.. SAM Manual x.20-2000 Page E-59 APPENDIX E: GUIDELINES . ILesohction PIo. 95-63 .. -• S- ~ . . 7 Y- - - - Foe aeconduy analysis, diesel ootad ~ shall be actcactod ~ the Toter CheractaisticProeadieoeq moaSed ~to tract with deibfliaod"water (Di TQ1~!}. )Prooe~uces for the "PCT.P ace desat'bod is ~ Chapin 1.8, YYiwsios 4:~, Titk 22 afthe (3fdomia Code of ~ntations. The DI Tt3,P aaract shall be snaEyzed [or dcese! .using I31TS/EPA Method 8015 modified to 9~Y ~ total par~m hydrocazhoas. Pfi fine aa;boa range ~ tq t~, s}nd 13°T&X acing Method 8Q2Q: The irimumcua detection Icinirfoi the atattod ofaaa[ysis fear diesel in wain (8015IVQ atiafl be iie than 50 µg/L. Tfce cninicmrm ddect~:!sait;sot' BT~7C in watex, using Mahod 8020, shall be so greater than Q.S }tg/i., ~ . S. C.a~ioa Limitz The restch; of and analyses of the petroleum. ~ fuel ~- contaminated s+v7 ,shat[ be subjeccx w ertheir the pcimatX level (a) or the sacordatY loud (bj ooncGtioa~ fistodbdow. - t. f3rimary I.evd tondcttoos {Vase Tiecx The appec 8'QK confidrate iatavat value of the mean. tosceaaratoas resultuig firm the pcimar~r .~waIyses of the samples afiall sot ez_ cood t}ia •t•.oncenU[atioalimits for the. primary eonstititeats of cod~ran listed. in Table I _ . b. ~emcrdacy Level Caidi6.oos 1S~.TIer}: The. upper 80•/. confidacce-ia<esval vahie of the mean tibc~ariom r tiom the seoondary ansiyses shall nat cxceod'tha oonc~tation limits for the secondary constitcents of concern listed in Table 2. Tiblc 1. Prirnaq .Analytical hlethads :ad Goaceatntion Limits for Gasoline and Diesel Costamiaated gci[s - T3Pe or Caa:titamt or Carbon Prq~, DH5JEPA ~ Coaoeatratba LJmtt Contaminant Coaeern ttaa`e Method. Method of Aaatpis Ga~olme TPH-Gaso[ioe C,rCu 3550 8015M <!O mgAcg Diesel 7PH-Diesel C„-C„ 3550 SOtSM <100mg/Icg GaslDicsd Betvau 5030 8020: <t PShB aa~Di~t rangy 5030 so2n <_I50 pg/tg . Gn/Diesd Etfiylbaveoe 5030 8020 X100 µg/Icg fia3lDiesel Xylenes 5030 8030 X1:750 ieg/kg • Page~E-60 ~.20.200o SAM Manual APPENDIX E: GUlOEI.1NES • ResohrtionNo. 95-63: ~ ~ -6- Tible 3eosddarl Anai~tcal Methods sod Concentrafiea Liisiits far t>asoline.a~i.l?iesel ~oabmtiaated Soils ~.t -.~ tom. r.,~. >~ n~r:~ . c~ow~taa fsws! "C.woeri Method Raajs lid ~(efbo~ bf emit ~- Ctas 'EPt~I~is ' Cwt 3S:f0 tp1314f <tORi_mg~k8 D'wd TP'f1-Qind Cum. ~ 3SSO ~"t11SM <50f?ai~ltCg 'Dirxl IPKDieyd. l7[TCLF ~,,,•C„ 35q t1Qt5bt ~pt~• Bnrbpoe: U[Tt3,P 5030 tlElZli @:S ~gl[. Qrs/17wrsd , Tdoeae Df.TC[`P 9030 Z~~if ~-5 f3ssJDiead F~iptbmaeae DLTC[P - ' '500 ~ gQ2A ' 45~ F'gti <hu/Di~sd J(ylmei DI'f(5~ X30 ` t~20 ~ liF/~-. • 6. The: disdmrger~altait file .a certification report w6ea tha disposal• i3 comploted, on a farm approved hY the Execufrve t7fficet. - . BE T!` FtIR~11:R RESOLVED, that, pub to Section 132Q0 ~aj of t~~hppe Califvrnis. Warr Oode, ttiC diSChai~l13b111. ptiar to dtsposa~ 3tibtnlt tl report Of G: C~~~1~j_ if both thC: p~maty ~4d level coiodtaons ~~ abova ~~ 5~ ~ 5'b~ ace' not D1U; and. - BE iT tUlt'r11Ett RESOLVED, that this action aeaiving the isstiance~ of waste .discharge roquirements shalt not. be construed to affect the porkies and ~noodurxs cdied upon by tt-e State Board to administer ciamip noel abatement actions u~a Sortiar 133t}4 of the ~alfortua Water Code, or to eatabGsh cleanup levols at sites affected by discharges of wastas„ including releases of hazardous substances frost tmdug~und. storage tonics, provided that-.this girder maybe applicable to the ultimate disposal of soil removed .fiom the site. of such d"tschatges after such :soil liar- been rea-ediated; and l3E T1' FtJRTF~R RESOLVED, thai where.staffof~ius Regional Soar+d considers adoption of vtaste discharge t~teats for a specific discharge of a typo identified lwein.to bq m the public interest, staff will draft te=ttative waste discharge requirements far ttrat Eor consideration by-this Regional $oar+d; and .;, • SAM Manual 1.20.2000 Page E-61 APPENDIX E: GUIDELINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . >~t>~t~. 4~ - •Z . 'Ihc shalt be inserocd as 3.a aiad 3b aqd wiple;aooo~r under . Coadrtiua~a Lor Dl/Reose of i~ as liisart'Waabt`4i ted.'Wasse - ~t IInitr: . 3.a. Faamdwamr I]opeadeat.Atra Tha ~oaaU~o~ne sine. snail, notbc located iQ an aces that iz depea~deat_oa givmdwa~rr l'ortir~ sole soocoe of - _, _ . 3b. dal Usc Restucti~ ~ eusa~ shell sat bQ tacaoed immcd'ia6elg ~ . ~ - ~odemeath a, Name site. If ~ home is to lie oooar<ucoed oVet the ~ ssoe, . sa a~soval.m~su tacol>~ed fiamthe Rptopdatie beat agracies, gat 3: R,e~iaoe Eo~iaan Na b as fodowx - - ' ~- The disc~acgrx shad ~Y the local P1~Ji sad adiaceaEl~hr owaaa of tluu nimeat of di~alh~ax cfFCS. $e putil~ga~ell~e coes~,~45 adaps . paar bo die dcspoaal. Cpmmm~s received still be ~iom.iooo co~atioa fortlse diapossilnease. Ia additioq the shill f le a oecffication tCpoct m the: Regiansi Soacd, on 5acm appeavod-bY ~eF3ooacwie'15 days sdi~rpahlic . The: zepoa shalt ee~ify that ail sQaaSied is ResohaSOa No.. 95-63 had ban met aadhad ` ` - stispoodedso ali pab~c oom . 1, John Fi R,obertus, F_xecv~ve Ol~oer, do hacehy catifp the £ac~g is a full, true, and con=d. copy oif an Addeadlun No: 1.m ()c+der No. 95-63 adopaed by the Caiisomia. Regiaaai Water ~ - Q~y Coat<nl ~,: San piego .Region, ~ Febcuecy 13,1997. " John K ltn - Execuava C}6cer • Page E-64 t.zo.zooo SAM Manua! "~-: _ealifornia Regional Water Quality Control Board v San Diego Region Winston H. Hickoz Secreraryjor . •ironmenta! rorecrion Intcmet Address: httpJ/www.swncb_cagov~-rwgcb9/ 977! Claircmom Mesa 8oulcvard. Suite A_ San Die¢o. California 92124.1324 Phonc 1858) 467-2952 • FAX (8S8) 571-6972 September 1, 2000 Mr. Thomas Mulder IT Corporation 1 X00 State Street, Suite 220 San Diego, CA 92101-220 Dear Mr. Mulder. Subject: Soil Management Pian for Development Activities Former Omar Rendering Site File: 06-215 This is to acknowledge receipt of the subject report dated .Iuly 14, 2000 prepared by the IT Corporation. The purpose of the report is to provide guidance to future site workers who may disturb subsurface soil. We expect the Soil Management Plan will be implemented during any future construction activities in order to minimi~.e exposure, risk to health and safety, and impacts to water quality. Regional Board staff have the following comments: Section 3.1, General Soil Screening Soil screening should also be performed on shallow soil (less than 20 feet) encountered beneath terraces 1, 2 and 3 . Soil Disposal Excess soil removed during trenching for foundations, footings, subsurface water, sewer and utility lines shall be classified in accordance with threat to water quality using California Code of Regulations Title 27. Soils shall be disposed and/or reused at an appropriate disposal site. Stormwater Construction/grading activities on sites greater than ~ acres are subject to storm water permit requirements. It will be necessary to submit an NOI; provide adequate erosion control and implement storm water runoff prevention practices. California Environmental Protection Agency ,4ecvcled Paper A ~d Gny Davis Govrrrtor -~G6 yc~J ~ ~ ,,~ ~ ~ ,, f,-., -~ a i ~n t ~ d. Z '~ =c ~.~~ Mr. Thomas Mulder - 2 - September i, 2000 • Section 3.2.1 Waste Celt The report indicates that Otay Mesa Ventures shall be notified prior to construction / maintenance on the hazardous waste cell. Please note the waste cell is regulated by this Regional Board under Order 97-40. In accordance with Order 97-40 you are required to file a new Report of Waste Discharge at least 120 days prior to activities which would significantly alter existing drainage patterns and slope configurations, or pose a potential threat to the integrity of the sits. A worlcplan is also to be submitted at least 30 days prior to any maintenance activities that could alter existing surface drainage patterns or change existing slope configurations. In addition, written notification shall be provided to the Regional Boazd at least 2 working days prior to any maintenance activities that are minor and/or routine in nature, do not add a significant amount of water, do not inhibit drainage, have limited potential for impacts to beneficial use of water, and will not interfere with future routine maintenance. If you have any questions regarding this matter please contact Brian McDaniel of the Regional Board's Land Dischazge Unit at (858) 627-3927. Sincerely, ~~~ Mazk J. Alpert Program Manager Land Discharge Unit cc_ Ms. Michele Stress. Department of Environmental Health Mr. Ray Hendry, Otay-Mesa Ventures. I Filc: 06-215/omar_smpsept2000.doc .7 California E~ivironmental Protection Agencv Rec}•uee Paper e~a • Responses to Commentsby the Regional Board This appendix provides responses to comments by the San Diego Regional Water Quality Control Board. The comments on the draft SoillVlanagement Plan are from a letter dated September 1, 2000 (a copy of the'letter follows at the end of this appendix). The comments are shown below in bold and our responses follow each comment in normal font. Soil screening should -also he`performed on shallow soil (less than 20 feet) encountered ~ieneafh terraces 1, 2 and 3. - Soil screening using "Practical Screening. Criteria"(Section 3.1) will be performed for all -excavations. Should any excavations encounter abn©rmal chemical odor or abnormal staining,-.the constrtietion workers will contact OMV for guidance.. Otay Mesa Ventures I, LLC will then arrange `far environmental rernedaton technicians to screen the soil ~n accordance with Section 3.3. Additional screening will not be required :in the Terrace 1, 2, and 3 areas. ~ Between and ~ feet of clean fill;;rrraterial will be added to xhe Tez-race 1, 2, and 3 areas during theproposed grading.:' Trenches excavated during subsequent building construction and maintenance are not expected to uncover-soils • below the new clean fill. Excess soil removed during trenching for foundations, footings, subsurface water sewer and utility lines shall be classified in .accordance :with threat to water quality using California Code of Regulations Title 27. Soils shall be disposed and/or`at an appropriate disposal'site. Soils removed during trenching for foundations, footings, subsurface water, sewer, andutility lines will be screened iq accordance with Section 3.1. Screened soils will be reused as backf Il ox as appropriate across the site. As described in Section 30, no soil will. be shipped off site without prior characterization and approval by OMV. If developers or constructors need to remove extra soil from the site, then OMV will arrange to characterize and'manage the soil for offsite removal. If the soil screening process described in Sections 3.l and 3.3 suggests the soils might be hazardous or designated wastes .then those soils will be sampled, classified,'and `disposed in accordance with the requirements of California Code of Regulations Title 27. • N:\Oll AN1SOlLIM.n'J\I'LAN_A _ I ? 1611?-U(X; • Construction grading activities on sites greater than S acres are subject to storm water permit requirements. It wip be necessary to submit an NOI, provide adequate erosion cotltrol and implement storm water runoff prevention practices. Grading activities will. comply with the stormwater permit requirements and the requiremcnts:~of.'the grading. permit from the City. Section 33.3 has been added in accordance with his comment: The report indicates that Qtay Mesa. Ventures shaIl.be notified:prior-ta~con`truc#ion~/ mantenanceon the hazardous waste cell. Please note the waste cell isrre~~ated:b~`t~tiS: Regional Board under Order 97-40. In accordance with Order 97-40 you are,r~gE~ired ta~file.~~ri±~w-Repo~rt of Waste Dischar eat least 120 da s rior to activities which would:~l - ~ fi~antl ,a7ter.,w stn g Y . p l~ . ' Y '`~'~ ~ drainage patterns and slope configurations, or pose a potential threat to the~[iiteg~-~ty:~if~the~.$te. A workplan-isalso to be submitted at -lead 30 days prior to any =maintenance activities ~ihat could alter existing urface`drainage patterns or change existing slope configurations. Itt addition; written:notificationshnll beprovided to the Regional Board at east 2 working days prior"toany maintenance activities that are Honor and/or routine in nature„do not add~a signific.~rt'arnnt~ntyof water, do not. inhibitdrainage, have limited potential for impacts-to;beneficiai ,use of water,°and • will not interfere with future routine maintenance. Section 3:2.1 is revised to detail -the procedures required in this comment. CJ N:\OA~L4K\SOI LI'1-M1\IMAN A LIC@.UUC ST~IZE of CAl.~)juu . ~'~tor~.z'~u, pxxo~^rwt~ wc~cr . . ,~. L ..~~ s- - .- .. " r~ ;: .~ - D~~~a~~o~c~~~s~~au~~L - B~j..E~, ~r.~-~ R~ 9~~a ~ - . _ ,. ,z _• -_ _-~ ,, 4:'. .,~- ;;;, ,a . s . - ~ _ ~= ,..MEIvIORANDUM ~t~`~. `~~~ M • ,r < • - ,~ ;: - -~ cam. • - T0: ~ Safouh Sayed • 6 y ~~. Site Mitigation Branch ~ ~ -~ _- ~ ' r' '-Region 4 - > -: • 245 W. Broa_d_way, Suite 350 ~= ~•'' +~ Long 'Beach, " C3a 90802 ~ ~ ~~ PROM : Cheng L . Liao , Ph . D . , DAFT ~ C~ • {~-~_, - Staff Toxico?ogist ~ _ ~.~, =Office of Scientific Affairs - { . : ~:~_ X400 .P Street, Fou_th Ploo~• ~ - - P.O. Box 806 ~ - _- • Sacramento, CA 95812-0806 -' ~!~ ..,, . DATE: June 6,T39S6 . SUBJECT: Oma= Rendering SiCe `~`'" • C9zulz vista, Cl. - _ PCA 13045, Site 400109-00 BACXGR~OII2tD :~~ . T_ze 1993 Health Risk Assessment {a"RA) .document for the '• former Omar Rendering Site was previously deemed cocciplete by DTS.C - (OSA's memoranda dated April 24, 1990 a_-~d August 30. 1994). • Subsequently, DISC Regior. 4 staff deternti aed that -the risk assessment might have been based on incomplete information. The ~= site has now aubcnitted an "Addendum to Site Investigation • znd Risk Assessment" document, presented a6ditional site " characr_erization data and evaluated resu?;.iug po~ential health risks. You rernle6ted the Office of Scientific Affairs (OSA) to review the submitted document and determine whether the new health risk assessment is complete. • DOCIIb4~TT Rl'V~EWED • uAdc~enclum Cu Site Investigation and Risk Assessment for the Former C~nar Rendering Site, Chula V?stn, CAN, Volumes T. PrebQrE~d Ear Darling International Inc., by Risk-3a5ed.Decisions, Inc_, Sac~am~nto, CA,-April 1996. ;- - - ~ .: --___:_ Sarou~ saved ~ - - - -=-• June 6, 196 - ~ GE2TERAL COb1b'~'I'S • ~~- O'ver2.11, the document is clearly written anr] well-organizes. ~-~ Tt con~z ;ns essential elements fora health risY. assessment. The neu, 1.395 site investigation results are clearly presented and appear to be compJ.ete, However, since there was no site visit by the stafF o` OSk and we have not scrutinized the samplins o~ eatirontnettal media and quality assurance p--oceduYe, we must re3y on your judamnnt that the da;.a coatainec ~.r.~the report accurately reflect the extent and magnitude of contzctinzt_on at ~ he s_ce. SPECIF%C CoMkiE:N'TS Tlie document was reviewed for scientific content. - ~=-, Gra~;.ical e.=ors o=-minor ed_ting _lac.s that do not a=feet the - interpretation h2ve nor, been noted, t~'ith rega-ds to various - elements of health risk assessment, we have the follo~;ino specific coauaen:.s : - 1. Cheri ~_a? s ~,` Concer^ (CQC~I As a. part of the 1988-E; site i^.vestiaation, shal).ou so;? Qas 2-na_yses were carried oL;. ac_oss t'~e UO?e= pat and ;,o,,~e= pia (Serti~~n 2.x.2). VOCS were ne:.ectec _z both a=ear, vinyl chiox-~.de was not detected ir. the Uppe= Pad but was found i : a single sample (i_~ ppm) out of 2i samples aazlyzeo fo= tze .owe= 3zd. This is the arimary reason fo= cne 1995 site :Einvert_gation. Section 4 presentee the results and irate=Pretatien of the 1995 site investigation. A fairly comoreaensive 6ampl:ng and checn:cal 2n~lyses we.e carried out fo= groundwate=, soil SaE, dok-nc~le flu.~c, and surface flax emissions . T*ie =es~:? is we_e s'~ok z i r va: ioL's tables 2.nd figures in this sec` i on. No ti•iayl chlcride aas detected. ror potentia? above-grout.: a.__ •er_postze fo= r;:,-,ans, s vOCs were predicted or t:~e vppe= ?ac and 17 VOCs or ci~e Lower Pad. - 2 • POteIj~z~ ly ~~;QOS°G~ ~Opll~atl0^g Tee L"ormer Omar kendering Site has rot c:~anged is terms o= lzr_d use since the earlier risk assess;neat and recr~ai^s unoccupied. There ore, pote_^_=iz?ly erpose3 recep~ors in this subm~-tLed Addendum are the same as those inclLded is the previous risk assessment, nzmely, a) Cu=rent t=espassers'o= intruders onsite; and 4) fl:.ti~ro on:~t~, workors. • These assumDt_or_s are appropriate. Safou~l Sayed - - June 6, 1596 ~ page 3 3. ~tgr_tia~ ExaoGure Pathwavy - - Tne stated potentially complete pathways of ~'Posure For :.hose onsite receptors area - a) Release of erni.ssions from the subsL=ace ~o ambiQr_ ou;,doo= a_: and inhalation by current trespassers or by future onsite-worke_s; and b) Release of emissions from the subsu._ace ir_to iadoo_ a?. is a =u:.ure onsite comme=vial/in3ust=ial building and inhalation of this ai- by wor)ce:s, - Ir. acini lion to reasonable maximum exposure (RN:.E) scenar~ os this ~-6oenourn also ir_cluded averace case exposure (p17E) scenarios to provide a_z estitnatE oL a ,- _-e~eU~~o_ at the sire. The approach used be Ch~ cisks fog eacr appron_iate. Y - Andennun, _s 4. y~--S--rv Tacorn, ion Z \~al • CaT_e_- Slope Pacto.s fS_ s) fo-- czrcinogsns a_~c Refe=epee Doss (R`_Ds) fcr noncarcinogens were approp_=ately obtair_ed f=oca CalE?A document and from USEDA~s Intec:aCeQ R_sk Inforz:,a~ion System (IRIS) database. '" ?o?io«=:g apA 5uidance, concentrations of VOCs i 'T es`i:n3ted usinS z '~5or_ Mode? ~~ a =~ ~-_ kEre noz:k= for receptors is czlcu3atedoash Cr~enu'al e'`•'~osure o= e-ther the i,i_eLime' Ave=age Dai3y Dose (LARD, for ca=ciZOgens) or the Ave=age Daily Dose (ADD, for nonca=cizo ear ~.re n_osentea in Table 5-1. T, g ~ " E'=Posure pzranetcrs DISC ~a_flarce or are Here :slues either follow tr_e prone--lv refe=encec. 6• ?~SK Cha_acteriza`~on - Th~ ~o*_ential hez'_th impacts gosec by residual •- Gt the sit=_ were evaluated io-- all chemica~ con`amina..ion - im.Dacted medium. Ris:cs and naz?r r -s detected in etch - cs we_e calculated separ~ir_21y for receptors at the UooE_ pzd and Lowe.~ Dad, :here results.are presentEri in Tables 5-8 trro~:Qh 5-19 a-nn the sui~rv o` excess cancer r?sks ant nor_cznce= hezlth rz~ares is show-a in Table 5-20. A'_? total excess cance_ =is}~s =-xcept for onsite worker unaer az R.MS scena..o are belo; the i~ve? o~ T x 10'`. Excess cance: r wo=k:r ~Zder a conserva:.ive RME scenario is _4 Sy 10'` whiChe_s • ~•-it*:in the risk management range Po. cotIi.'ilerciz? /industrial - '^oYk~'--=°- :he norcarcinogenic health natards for - o ~ exoosure scenarios are all well be?ow t'~e zece tab -nc`uded Incie:c ~.r 1.0. P _e 5a2z_o • Sdroub Sa~~Q~ • June 6, 196 Page ~ CC7NCLII.r, I ON . Tr1e sub~.LteC nocument is clearly v;r_tLe.~ znd well-p,qZ.~; Zed and cor_ta_ns esse:~;.ial companents for 4 hezl":~ r_s1; assess~,ent_ Thus, the he21:.h risk assessment fos Omar s~*_e _P deemed complete. ^_'he e.Ycass .cance_ r:s E .,_ are beiov: the r=6k F k fo= Dote_.,.ia1 hutr~aa ~eceptors management _ange fog occas_cnal aac co:r~me^cial/inQUStrizl °'o=ke-"s. The ,. _,~. t=es assess hazards ~o_ noe-.,z_.-iao~e~i P hea' th t!~E assumes e~.-posu.e scenarios zre all ~:el'; bo_ok the accept,Qb.e Hazard ?:1aex of 1.0. Please note twat :.ne submitted hea?th risk assessme_^_t did got cor_side= fu;.~;=E residential exposure scenario_ Recion .4 stoif should male ce_Lcin that the a`.O~i11Er pm~uss1z~eis preclud~sd ~=om ~esiden~ia? use by a deed rest'-'ictio~. L ~ c~- • ~evie~•e:: t~y:~ Deborah Ouai=, ~h.n. '/ L/ - Orfice o= Scientif;~ afYai_s cc: Karen Baker Supez-visia_o Enain~erinS Geolocist anrz Regio^ 4 • ~ SOIL MANAGEMENT PLAN FOR DEVELOPMENT ACTIVITIES AT THE FORMER OMAR RENDERING SITE PREPARED FOR OTAY MESA VENTURES ll, LLC ~ 41 UN10N BLVD., SUl TE 330 LAKEWOOD, CO 80228 • PREPARED BY SHAW ENVIRONMENTAL, INC. 1230 COLUMBIA STREET, SUITE 1200 SAN DIEGO, CA 92101 December 20, 2002 Shaw Environmental, Inc. Project 806404 • LJ e ATTACHMENT 0 California Regional Water Quality Control ~vu... u San DielW Region Intc:mct Address: http://www.swrcb.ca.gov/-rwqcb9/ 9174 Sky Park Cowt. Suite 100, San Diego, California 92123-4340 Phone (858) 467-2952 . FAX (858) 571.6972 g Gray Davis Governor Winston H. Hickox &cretary for En'l1iro1lme11tJJl Protection March 27, 2002 File: 06-0215.02 -- CERTIFIED MAIL - Return Receipt Requested 7002 10000004 6879 0585 Mr. Ray Hendry Otay Mesa Ventures II, 1LC Limdbank, Incorporated 141 Union Boulevard, Suite 330 Lakewood, Colorado 80228 Dear Mr. Hendry: . RE: CLEANUP AND ABATEMENT ORDER (CAO) NO. R9-2003-0080: THE FORMER OMAR RENDERING SITE, CHULA VISTA Enclosed is a copy of California Regional Water Quality Control Board; San Diego Region (URWQCBU) Cleanup and Abatement Order (CAO) No. R9-2003-0080 requiring the cleanup and abatement of environmental pollution from wastes discharged at the former Omar Rendering site. I strongly urge your prompt compliance with all the directives of CAO No. R9-2oo3-0080. You may contest the issuance of Cleanup and Abatement Order (CAO) No. R9-2003-0080 by requesting a public hearing on the matter before the Regional Board. In order to schedule a hearing, this office must receive a written request at least 30 days prior to the Regional Board Meeting. Be aware that a request for a hearing does not stay any of the deadlines in the CAO. Please contact Mr, Brian McDaniel of my staff at (858) 627.3927 or via e-mail at mCdab@rb9.swrcb.ca.aov if you have any questions regarding this matter. ~SinCerelY . . .~~ J H. ROBERTUS . Executive Officer JHR:jro:bkm Enclosure: Cleanup and Abatement Order R9-2003-0080, Former Omar Rendering Site. Cc: Ms. Patricia Beard, City of Chula Vista - Community Development Department, 276 Fourth Avenue. Chula Vista. CA 91910 wI enclosure California Environmental Protection Agency Recycled Paper a -3- -(Co CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION CLEANUP AND ABATEMENT ORDER NO. R9-1oo3-0080 OTAYMESA VENTURES n,L.L.c. FOR THE FORMER OMAR RENDERING FACILITY SAN DIEGO COUNTY The California Regional Water Quality Control Board, San Diego Region (hereinafter RWQCB) finds that: 1. The Omar Rendering Company was owned and operated by Darling International, Incorporated (formerly Darling Delaware Inc.). Darling International Inc. operated an animal rendering facility and Class I disposal operation on a 40-acre site located at 4826 Otay Valley Road, Chula Vista from 1947 to 1982, 2. Waste disposal records maintained by Omar Rendering indicated that a variety of hazardous waste liquids and waste sludge was accepted for disposal. The liquid wastes primarily consisted of acids and acid sludge (hydrochloric, hydrofluoric, sulfuric, chromic, and nitric) and alkaline fluids. Lesser amounts of chlorinated solvents, chlorinated pesticides, petroleum wastes, PCBs, and organic wastes were also discharged to the surface impoundments. 3. To comply with California Water Code Section 13273.1, a Solid Waste Assessment Test (SWAT) was conducted during 1988-1989 for the waste management unit. The results from that investigation are included in a report entitled "Report Site Investigation Former Omar Rendering Company Site, Chula Vista, California", prepared by Dames and Moore and dated June 15,1989. Dames and Moore reported detectable levels in groundwater of the following volatile organic compounds (VOCs): Methylene Chloride, Chloroform, 1,1,1- Trichloroethane, Carbon Tetrachloride, Trichloroethene, Tetrachloroethene and 1,I-Dichloroethene as well as infrequent detections of freons, benzene, toluene, ethylbenzene and xylenes. Further, the Dames and Moore Report reported results from a soil boring (B-14) "". completed through a former pond, located immediately west of the former Class I impoundments." The soil sample collected from a depth of 40 feet in boring B-14 contained the following VOCs: 1,I-Dichloroethene, 1,1- Dichloroethane, trans-I, 2- Dichloroethene, 1,1,1- Trichloroethane, Trichloroethene, 1,I,2-Trichloroethane, Toluene, Ethylbenzene and total Xylenes. The concentration of these VOCs in that soil sample ranged from 0.75 to 120 mglkg. Dames and Moore concluded that results from their soil-sampling . program were "... suggesting that the remedial excavation was notcpmplete" (page 42). 3-/7 Order R9-2003-OO80: Cleanup and Abatement of Groundwater Pollutiou: Former Omar Rendering Site -2- March 27, 2003 4. On November 26, 1990, the RWQCB received a technical report of results entitled "Report of Additional Groundwater Sampling Analyses Otay Valley Industrial Park, Chula Vista, California, "prepared by Woodward Clyde Consultants and dated November 15,1990. The Otay Valley Industrial Park (OVIP) is located east of the former Omar Rendering facility. The results of ground water sampling on the OVIP property indicate that the following maximum concentrations of groundwater pollutants were measured in ground water samples collected from wells located on the OVIP property: Constituent OVIP Well Maximum State Concentration MCL1 1,I-Dichloroethene . MW-l 21 6 1,I-Dichloroethane MW-l 12 5 Trichloroethene MW-l 890 5 Tetrachloroethene MW-I 10 5 1,1,1- Tetrachloroethane MW-4 2 200 1,1,2,2- Tetrachloroethane MW-4 2 1 1,2-Dichloroethane MW-6 2 0.5 1 = Primary maximum contaminant levels (MCLs) from RWQCB Basin Plan (p. 3-10. incorporated by reference from California Code "fRegulations, Title 22, ~ 64444). The highest concentrations reported by Woodward Clyde Consultants were observed from wells located adjacent to the eastern boundary of the former Omar Rendering site. 5. Groundwater monitoring wells continue (in 2002) to detect volatile organic constituents (VOCs) in addition to concentrations of inorganic and metal constituents elevated above water quality objectives established for the Otay Valley Hydrologic Area (910.20). The maximum concentrations of pollutants and the corresponding maximum contaminant level (MCL) for groundwater pollutants are as follows: Organic Constituents Maximum Observed California MCV Concentration (j.Ig!L ) . (ul!!L) 1,1,2 Trichloroethane 14 5 1,l-Dichloroethane 790 5 1,2-Dichloroethane 2.6 0.5 1,I-Dichloroethene 38 6 Benzene 53 1 cis-l,2-Dichloroethene 3400 6 Tetrachloroethene 220 5 Trichloroethene 1400 5 1 = Primary maxunwn contammant levels (MCLs) from RWQCB Basm Plan (p. 3-10. incorporated by reference from California Code of Regulations, Title 22, ~ 64444). 3-rf Order R9-2003-OOS0: Cleanup and Abatement of Groundwater Pollution: Fonner Omar Rendering Site -3- March 27, 2003 Inorganic Constituents Maximum Observed California MCL' Concentration (mg/L) (ml!lL) Chromium 0.62 0.05- Nickel 6.7 0.1- Selenium 0.11 0.05- Thallium 0.01 0.002- Chloride 15,000 500-' Sulfate 1,SOO 500' IDS 27,000 1500' 2 = Primary maXImum contanunant levels (MCLs) from RWQCB BaslD Plan (p. 3- 8. incorporated by reference from California Code of Regulations, Title 22, ~ 64431). 3 = Water Quality Objective RWQCB Basin Plan (Table 3-3: page 3-31) 6. On June 11,1997, the RWQCB adopted Order No. 97-40, Waste Discharge Requirements for Closure and Post-Closure Maintenance, Class! Waste Management Containment Cell. Former Omar Rendering Facility, Darling International. Order 97-40 revised the monitoring and reporting program in order to address current State and RWQCB policies, regulations, and the current status of the project. 7. Otay Mesa Ventures !, llC/Landbank, a subsidiary of the IT Group/Corporation, assumed title to the 40 acre former Omar Rendering Facility parcel in December 1999. On January 16. 2002, the IT Group, Inc. announced that it had signed a letter of intent with The Shaw Group Inc. as the result of the IT Groups' bankruptcy. Subsidiaries and affiliates of The Shaw Group acquired certain IT Group assets formerly held by the rr subsidiary known as "Landbank, Incorporated," including those held by the Otay Mesa Ventures !, LLC (the "Site"). bn May 3, 2002, Otay Mesa Ventures I, LLC transferred ownership of the site to Otay Mesa Ventures II, L.L.C" a Shaw subsidiary. 8. The current property owner..Otay Mesa Ventures II, L.L.C., has assumed responsibility for the cleanup and abatement of conditions of pollution or nuisance caused by past discharges of wastes at the former Omar Rendering facility. Accordingly. Otay Mesa Ventures n. L.L.C. is named as the discharger responsible for compliance with this cleanup and abatement Order. 9. The Water Quality Control Plan for the San Diego Basin (9) {Basin Plan) was adopted by the RWQCB on September 8, 1994 and subsequently approved by the State Water Resources Control Board (SWRCB) on December 13, 1994. The Basin Plan designates beneficial uses of water resources, water quality objectives, and an implementation plan; which are applicable to the cleanup of wastes as required by this Order. . 3 -(1 Order R9-2003-OO80: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site 4- March 27, 2003 10. The fonner OmarRendering Site is located in an area where ground water has been designated as suitable for uses including municipal ahd domestic public water supplies. The fonner Omar Rendering site is located in proximity to surface waters (i.e., the Otay River) that support beneficial uses including REC1, REC2, WARM, WILD, and RARE, Past discharges of waste at the site are creating a condition of pollution in that the discharges are causing groundwater to exceed applicable water quality objectives and threatening to cause water quality objectives in the Otay River to be exceeded. 11. Pursuant to State Water Resources Control Board (SWRCB) Resolution No. 92- 49, the RWQCB shall require the discharger to conduct investigation and cleanup and abatement in a progressive sequence comprised of the following steps: a.) preliminary site assessment, b.) soil and water investigation, c) proposal and selection of cleanup and abatement action (to evaluate feasible and effective. cleanup and abatement actions); d.) implementation of cleanup and abatement action; and e.) monitoring to confinn the short-and long-tenn effectiveness of cleanup and abatement. 12. Under the terms of Resolution No. 92-49, the RWQCB is obligated to have a presumptive cleanup goal to require cleanup to attain background water quality conditions. The RWQCB will establish a cleanup level above background water quality conditions, only if the RWQCB determines that it is technologically or economically infeasible to achieve background water quality conditions. If the RWQCB makes such a determination, the Board will then select a cleanup level that is based on the lowest levels which are technologically or economically achievable and that will not unreasonably affect present and anticipated beneficial uses of waters of the Region. This approach provides for determining and establishing a level of water quality protection, which is reasonable without allowing or causing an unreasonable effect on water quality. 13. State Water Resources Control Board (SWRCB) regulations governing waste discharges to land (CCR, 23, Division 3, Chapterl5 - Discharges of Hazardous Waste to Land) require that cleanup and abatement actions intended to contain waste at the place of release shall implement the applicable provisions of that division, to the extent feasible (CCR, Title 23, Division 3, 9 2510 et seq.). Further, the requirements of CCR Title 23, Chapter 15 are used in establishing cleanup levels (9 2550.4) and undertaking corrective actions where discharges of waste are subject to California Water Code Section 13304. 14. This enforcement action is exempt from the provisions of the California Environmental Quality Act (Public Resources Code 9 21000 et seq.) in accordance with 9 15321, Chapter 3, Title 14, California Code of Regulations, 3-20 Order R9-2003"()080: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site -5- March 27, 2003 IT IS HEREBY ORDERED, pursuant to Section 13304 of the California Water Code, Otay Mesa Ventures II L.L.C. (hereinafter the "discharger") shall comply with the following Directives: . A. PROmBITIONS 1. Odors, vectors, and other nuisances of waste origin beyond the limits of the landfill property boundary are prohibited. 2. RWQCB Basin Plan waste discharge prohibitions shall not be violated. 3. The discharge of any wastes or waste constituents to land or waters of the State are prohibited, unless the discharge is pennitted under the National Pollutant Discharge Elimination System (NPDES) or by issuance of Waste Discharge Requirements by the RWQCB under Section 13260 of the California Water Code. 4. The management and discharge of contaminated soils and ground water shall not violate applicable federal, state and local regulations or requirements. B. COMPREHENSIVE SITE INVESTIGATION REPORT The discharger shall submit to the RWQCB a complete site investigation report by AUllUSt 30. 2003. The final technical report shall contain all site-specific data collected during the investigation, including the following information: 1. Characterization of wastes in source area: Characterization of the source area(s) of the pollutants of concern [as listed in Section B.2] including: a) Location and delineation of soils or ground water which are polluted with mobile or immobile concentrations of nonaqueous phase liquids (i.e., NAPLs), b) Location and delineation of soils which are polluted with leachable concentrations of soluble pollutants, and c) An estimate, including the technical basis, of the volume(s) of residual soils identified and delineated pursuant to Directives B.l(a) and B.I(b) above. 2. Complete delineation of impacts to water quality: The nature and extent of the pollution of water resources caused by the release of waste constituents and "degradation products" that may result from the natural degradation of waste constituents discharged at the site. Initially, the site investigation should focus on the delineation of the following waste constituents (pollutants of concern): 3 ~ 2-/ Order R9-2oo3-0080: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site -6- March 27, 2003 Pollutants of Concern 1,1,1- Tetrachloroethane l,1,2- Tetrachloroethane 1,1,1- Trichlorethane 1,1,2 Trichloroethane I,I-Dichloroethane 1,2-Dichloroethane 1,I-Dichloroethene Benzene Toluene Ethylbenzene Total Xvlenes cis-I,2-Dichloroethene trans-I ,2- Dichloroethene Tetrachloroethene Trichloroethene Chromium Nickel Selenium Thallium Chloride Sulfate IDS The RWQCB maiamend this list to include new waste constituents, or associated degradation products, detected during the site investigation or remediation of the site. Delineation shall continue until the maximum extent of ground water pollution from waste constituents (i.e., to non-detectable concentrations) has been detetmined in the horizontal and vertical directions, The assessment shall include a detetmination of the spatial distribution and. concentration of each constituent of concern throughout the zone affected by the release. Delineation of groundwater pollution must include on and off-property areas of the site. 3. Site Conceptual Model: The discharger shall provide the RWQCB with a Site Conceptual Model (SCM). The SCM is a written or pictorial representation of the release scenario, the likely distribution of wastes at the site, as well as potential pollutant migration pathways and receptors. TheSCM shall identify and describe the types of wastes present including their distribution in space and time, and how the wastes are changing in space and time. The SCM shal). also identify the potential, current and future receptors in the area; link potential sources to potential receptors through transport of wastes in the air, soil ..3 ~ 2.. ""7-- Order R9-2oo3-0080: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site -7- March 27, 2003 and water; and identify the fate and transport characteristics of the site. The SCM shall describe or show the physical characteristics and properties of the subsurface and identify the environmental issues that need to be investigated (as well as those issues that do not need to be addressed). The initial SCM shall include a discussion of the level of uncertainty of conclusions, outline data gaps remaining in the conceptual model, and describe the additional work needed to fill identified data gaps. To the extent possible, the dischargers shall confinn their site conceptual model using a combination of existing site-specific data and additional data developed during the site investigation process. The SCM shall be refined and updated as site characterization data become available. Updates to the SCM shall be included.as an appendix to the semi-annual monitoring reports submitted to the RWQCB. The initial SCM shall be submitted to the RWQCB by Mav 30. 2003. C. EVALUATION OF REMEDIAL OPTIONS AND FEASmILITY STUDY (FS) 1. Consideration of Remedial Technologies At a minimum, the discharger shall consider the following cleanup and abatement methods or combination thereof, to the extent that they may be applicable to the discharge or threat thereof, a) Source removal andlor isolation; b) In-place treatment of water or soil: 1. Bioremediation 2. Aeration 3. Fixation c) Excavation or extraction of soil, waste, or gas for on-site or off-site treatment by the following techniques: 1. Bioremediation 2. Thermal destruction 3. Aeration 4. Sorption 5, Precipitation, flocculation, and sedimentation 6. Filtration 7. Fixation 8. Evaporation d) Excavation or extraction of soil, water, or gas for appropriate recycling, re- use, or disposal. 3--..2-3 Order R9-2003-0080: Cleanup and Abatement of Groundwater Pollution, Former Omar Rendering Site -8- March 27, 2003 2. Comprehensive Feasibility Study (FS) The discharger shall submit to the RWQCB a complete comprehensive FS by December 30, 2003, The discharger shall submit a Comprehensive Feasibility Study (FS) Report containing an evaluation of at least 5 potential remedies or "corrective measures." A corrective measure may be comprised of a single remediation technology or a combination of remedial technologies to achieve the . most effective treatment of site specific groundwater pollutants. The comprehensive FS shall include the following minimum components: a) Assessment of Corrective Measures (ACM) for each potential remedy shall include an assessment of the following minimum criteria: 1. The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual pollution; 2. The time required to begin and complete the proposed remedy [including the proposed suite of corrective action measures (CAM)]; 3. The costs of implementing the proposed remedy; 4. State andlor local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy. 5. The discharger shall assess each corrective measure for attainment of the following ground water protection standards as specified in CCR 23, Chapter 15, ~ 2550.4: i. A concentration limit for each pollutant of concern not to exceed the background value of constituents [per CCR Title 23, Chapter 15, ~ 2550.4(a)(I)]. Background concentrations for naturally occurring constituents must be established pursuant to CCR Title 23, Chapter 15, ~ 2550.7(e)(1I)(A). There should be no "background concentrations" for organic waste constituents (e.g., volatile organic constituents (VOCs) and chlorinated VOCs). Therefore, the water quality protection standard or "concentration limit" for organic waste constituents is the practical quantitation limit (PQL) for organic waste constituents using the appropriate analytical method selected per Directive D.l (a) of this Order. And, ii. For a corrective action program, the discharger may propose and the RWQCB may consider establishing a concentration limit greater than backgrOlmd (CLGB) for each pollutant of concern. The discharger must demonstrate to the RWQCB that the proposed CLGB is the lowest concentration, not exceeding the .3 ~ 2- c.f Order R9-2003-OO80: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site -9- March 27, 2003 water quality objective designated in the Basin Plan, applicable statutes or regulations with a factor of safety, that is technologically and economically achievable [CCR 23, Chapter IS, ~ 2550.4(e)]. The applicable numerical water quality protection st.andards are identified in Directive C.2 (a)(6) of this Order. 6. Maximum numerical water quality protection standards. The numerical water quality protection standards for the maximum concentrations of the constituents of concern are as follows: Organic Constituents California MCL1 (ul!iL) 1,1,1- Tetrachloroethane 200 1,1,2- Tetrachloroethane 1 1,I,I-Trichlorethane 5 1,1,2 Trichloroethane 5 1,l-Dichloroethane 5 1,2-Dichloroethane 0.5 1,I-Dichloroethene. 6 Benzene 1 Toluene 150 Ethvlbenzene 700 Total Xylenes 1,750 cis-l ,2- Dichloroethene 6 trans-l,2-Dichloroethene 10 Tetrachloroethene 5 Trichloroethene 5 Chromium 50" Nickel 1O{f Selenium 5{f Thallium 2" Chloride 500' Sulfate 500' IDS 1500' 1 = Primary maximum contaminant levels (MCLs) from RWQCB Basin Plan (p. 3-10, incorporated by reference from California Code of Regulations, Title 22, ~ 64444). Concentration units for organic constituents are indicated in I-lgIL. 2 = Primary maximum contaminant levels (MCLs) from RWQCB Basin Plan (p. 3-8; incorporated by reference from California Code of Regulations, Title 22, ~ 64431). Concentration units for organic constituents are indicated in J.l.gIL. 3-2~ Order R9-2003-OO80, Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site -10- March 27, 2003 3 = Water Quality Objective RWQCB Basin Plan (Table 3-3: page 3-31). Concentration units for chloride, sulfate and rDS are indicated in mg/L. b) Selection of Remedy (SOR) shall address the following minimum criteria: I. The selected remedy must meet the following minimum requirements: i. Protection of human health. The selected remedy must result in a cumulative carcinogenic risk level of no greater than IxIO'6, . including all exposure pathways for residual waste constituents. The non-carcinogenic effects from exposure to waste constituents shall be quantified as the hazard index (HI), derived from. summation of hazard quotients (HQ) for individual residual waste constituent, shall be less than I (HI < 1). These methods for quantifying carcinogenic risk and non-carcinogenic hazards may be found in USEP A Risk Assessment Guidance for Superfund (1989, Chapter 8 also see http://www.epa.gov/superfund!progr~risk/toolthh.htm). iL Attainment of the ground water protection standards in CCR 23, Chapter 15, ~ 2550.4(a). The selected remedy should able to achieve background concentrations of constituents of concern per Directive C.2 (a)(5)(i) of this Order. If the selected remedy includes a proposal to establish a groundwater cleanup level greater than background [per Directive C.2 (a)(5)(ii) of this Order]; then the SOR shall also include a technical evaluation of all the potential adverse effects on groundwater and surface water quality listed in CCR Title 23, Chapter 15 [~ 2550.4(d)(I) and (d)(2)]. 111. Source ControllRemovaI. The selected remedy must result in effective removal andlor control of the source(s) of soluble ground water pollutants [see description in Directive B.l of this Order] so as to reduce or eliminate further releases of ground water pollutants from the source area(s); iv. Waste management. The selected remedy must comply with all waste management requirements as specified in applicable State and federal regulations. v. Compliance with water quality objectives. The selected remedy must not result in water quality less than that prescribed in: 1) the Basin Plan and Policies adopted by the State and Regional Boards, including beneficial uses, water quality 3"-.2&. Order R9-2003.;Q080: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site "11- March 27, 2003 objectives and implementation plans; 2) State and Regional Water Board policies including State Water Board Resolutions No. 68-16 (Statement ofPoIicy with Respect to Maintaining High QuaJityofWaters in California) and No. 88-63 (Sources of Drinking Water); and 3) relevant standards, criteria, and advisories adopted by other state and federal agencies. c) The discharger shall support the technical and economic evaluation of various remedial technologies by providing the RWQCB with acceptable documentation of field performance of remedial technology from other sites with similar characteristics, evaluations of site-specific data, andlor on-site pilot testing of potential remedial technologies. d) The discharger must provide the RWQCB with a proposed schedule for initiating and completing the selected remedy for cleanup and abatement of groundwater pollution from the site. e) The discharger shall propose a selected remedy to ensure that the groundwater protection standards assigned by the RWQCB are attained at all monitoring points and throughout the zone affected by the release, including any portions thereof that extend beyond the facility boundary [pursuant to 92550.10(c)]. f) If, the discharger detennines that the release has crossed the facility boundary; the discharger shall, within 30 days of such determination, provide the RWQCB with a list of the names and addresses of all "affected parties" [all persons who currently own or reside upon land that overlies the release]. The RWQCB may invite these affected parties to a Regional Board meeting at which the potential corrective measures are discussed and either chosen or revised. g) The discharger shall install any additional ground water, soil pore liquid, soil pore gas, or surface water monitoring devices necessary to comply with this Order. D. WATER QUALITY MONITORING 1. Monitoring Provisions a) Unless otherwise pennitted by the RWQCB Executive Officer, all analyses shall be conducted at a laboratory certified for such analyses by the State Department of Health Services. Specific methods of analysis must be identified. If the discharger proposes to use methods other than those included in the most current version of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846" (U.S. Environmental Protection Agency), the exact methodology must be submitted for review lU')d must be approved by the RWQCB Executive Officer prior to use. The director of the laboratory whose name appears on the certification shall supervise all .3-c21 Order R9-2003-0080: Cleanup and Abatement of OrOlmdwater Pollution: Former 0= Rendering Site analytical work in hislher laboratory and shall sign all reports of such work submitted to the RWQCB. -12- March 27, 2003 . b) If the discharger monitors any pollutants more frequently than required by this Order, using the most recent version of "Test Methodsfor Evaluating Solid Waste, Physical/Chemical Methods, SW-846", the results of this monitoring . shall be included in the calculation and reporting of the data submitted in the discharger's monitoring report. The increased frequency of monitoring shall also be reported. c) The discharger shall report all instances of noncompliance not reported under Reports Filed with the RWQCB, Directive F.5 of this Order at the time monitoring reports are submitted. The reports shall contain the information listed in Reports Filed with the RWQCB, Directive F.5 of this Order. d) All monitoring instruments and equipment used by the discharger to fulfill the prescribed monitoring program shall be properly calibrated and maintained as necessary to ensure their continued accuracy. 2. Records of monitoring information shall include: a) The date, identity of sample, Monitoring Point from which it was collected, and time of sampling or measurement; b) The individual(s) who performed the sampling or measurements; c) Date and time that analyses were started and completed, and the name of the personnel perfonning each analysis; d) The analytical techniques or method used, including method of preserving the sample and the identity and volumes of reagents used; e) Calculation of results; and f) Results of analyses, and the Method Detection Limit for each parameter. g) Laboratory quality assurance results (e.g., percent recovery, response factor) 3. Ground Water Quality Monitoring The following shall constitute the ground water monitoring program for the former Omar Rendering site: .3~2~ Order R9-2003-OO80: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site a) Ground Water Flow RateIDirection -13- March 27, 2003 For each monitored ground water body, the discharger shall measure the water level in each well and determine ground water flow rate and direction at least semi-annually, including the times of expected highest and lowest elevations of the water level for the respective ground water body. Ground water elevations for all background and downgradient wells for a given ground water body shall be measured within a period of time short enough to avoid temporal variations in ground water flow which could preclude accurate determination of ground water flow rate and direction. b) Well Purging i. Prior to sampling monitoring wells, the presence of an immiscible layer in all wells (floating and/or at bottom of well screen) shall be determined at the beginning of each sampling event. This shall be done prior to any other activity that may disturb the surface of the water in a well, e.g. water level measurements. If ~ immiscible layer is found, the RWQCB shall be notified within 24 hours. ,. ii. Prior to purging each monitoring well, the static water level shall be measured. iii. Field logs used during well purging shall be included in the monitoring reports. The information contained in field logs shall include: the methodes) of monitoring field parameters, calibration data for the field equipment, method of purging (if a pump is used, include pump placement and pumping rate), date each well was purged, well recovery time, method of disposal of the purged water, an estimate of volume of water purged from each well, the results of all field analyses, well number, depth to ground water, method of measuring the water level and field personnel signatures. c) Ground Water Sampling and Analysis i. At a minimum, the ground water monitoring network shall consist of the following monitoring wells - MW -OIR, MW -04, BGW-02, SVGW-IO, MW-09, MW-IO MW-14, MW-15A, and MW-15B. ii. The discharger shall collect semiannual samples from all ground water monitoring wells listed in Directive D.3(c)(i) and analyze those samples for the following constituents: 3~21 Order R9-2oo3-0080: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site -14- March 27,2003 CONSTITUENT UNITS SAMPLING AND REPORTING FREOUENCY IpH pH Semi-Annuallv Specific Conductance umhos/cm Semi-Annually Total Dissolved Solids mg/! Semi-Annually Calcium mg/! Semi-Annually Iron mg/I Semi-Annuallv Magnesium ml!!! Semi-Annually Sodium ml!!! Semi-Annuallv Potassium mg/! Semi-Annually Carbonate mg/! Semi-Annually Bicarbonate mg/! Semi-Annuallv Chloride .ml!!! Semi-Annually Sulfate mw'! Semi-Annually Nitrate as Nitrogen mw'l Semi-Annually Total Phosphate mgIJ Semi-Annually Alkalinitv (CaC03) mg/! Semi-Annually Yolatile Organics I-lgIJ Semi-Annually (VOCs) Semi-volatile Organics I-lgIJ Every 5 years (SYOC) Arsenic mgIJ Annually to biannuall V 1 Barium mgIJ Annually to biannually 1 Cadmium mw'! Annually to biannually 1 Calcium mg/I Annuallv to biannually 1 Chromium mg/] Annuallv to biannuallv 1 Copper mw'! Annually to biannually 1 Iron mg!J Annuallv to biannually 1 Lead mg/! Annuallv to biannuallv' Magnesium mg!J Annually to biannually 1 Manganese mg/! Annually to biannually' Mercury ml!!! Annuall v to biannually 1 Molybdenum mw'! Annually to biannually 1 Nickel mgll Annually to biannually 1 Potassium mgll Annually to biannually 1 Selenium mg/I Annually to biannually' Silver mg/I Annually to biannually 1 Sodium ml!!! Annually to biannually' Thallium mg/! Annually to biannuallY,' Yanadium mg/] Annuallv to biannuallv 1 Zinc mgll Annually to biannually 1 ..3 - 3--0 Order R9-2003-0080: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site -15- March 27, 2003 1 = Analyze groundwater samples for metals annually for the fIrst 3 years following well installation, then every 2 years thereafter. Note, mg/l = milligramslliter and p.g/l = micrograms/liter d) . Any groundwater monitoring wells installed, as a result of subsequent investigation, shall follow the same ground water sampling requirements listed in Directives D.3 (a) and D.3.(b) of this Order. For all additional groundwater wells, the discharger shall report analytical results for all constituents listed in Directive D.3(c)(ii) for the first round. Unless otherwise directed by the RWQCB, all subsequent groundwater samples from additional investigation wells [other than those specified in Directive D.3(c)(i) of this Order] shall be collected semi-annually and may be analyzed only for VOCs. e) Groundwater samples from additional ground water monitoring wells shall be analyzed for general minerals analyses (major ions) annually. Reported results from general minerals analyses shall be accompanied by an evaluation of t.'le results from a cation-anion balance calculation in addition to other laboratory quality assurance and quality control (QNQC) data. f) All additional groundwater-monitoring wells shall be properly developed after construction and prior to collecting samples for the purpose of complying with the water quality monitoring requirements in this Order. The discharger shall provide a description of the "development method(s)" employed at each new monitoring well in an appendix to the next available semi-annual report. 4. All monitoring reports shall be signed by an authorized person(s) as required by Report Declaration, Directive G of this Order. E. SITE MAINTENANCE 1. The discharger shall perform inspections of the site as defIned in this Order and report the results semi-annually. The report shall contain information on the conditions observed at the site and a discussion of any signifIcant fIndings with regard to: a) General site condition; b) Surface cover and slope; c) Drainage facilities; d) Groundwater monitoring networks; e) Observation of seepage from the site; and f) Maintenance activities at the site. ..3- - .3.. I Order R9-2003-OO80: Cleanup and Abatement of Groundwater Pollution: Fonner Omar Rendering Site -16- March 27, 2003 F. REPORTS TO BE FILED WITH THE RWQCB All reports shall be submitted no later than one month following me end of the respective Reporting Period. The reports shall be comprised of at least the following in addition to the specific contents listed for each respective report type: 1. Transmittal Letter A letter summarizing the essential points shall be submitted with each report. The transmitta11etter shall include: a) A discussion of any violations of this Cleanup and Abatement Order found since the last such report was submitted and shall describe actions taken or planned for correcting the violations. If the discharger has previously submitted a detailed time schedule for correcting the violations, a reference to the correspondence transmitting such schedule will be satisfactory. If no violations have occurred since the last submittal, this shall be stated in the transmittal letter; b) In order to assist the RWQCB in processing of correspondence and reports submitted in compliance with this cleanup and abatement order, the discharger shall include the following code number in the header or subject line portion of all correspondence or reports submitted to the RWQCB: LAND 06- 0215.05. 2. Semi-Annual Summary Report The discharger shall submit a semi-annual report to the RWQCB covering the previous six months. The semi-annual Reporting Periods end on September 30 and March 30, respectively. The semi-annual report shall contain, but not be limited to the following: a) Site maintenance - A summary of quarterly inspections and a discussion of any significant findings as described in Site Maintenance, Directive E of this Order. b) Flowrate/direction - For each monitored groundwater body, a description and graphical presentation (e,g., arrow on a map) of the velocity and direction of ground water flow under/around the site, based upon water level elevations observed during the collection of the water quality data submitted in compliance with this Order. c) Well Information - For each monitoring well the discharger shall,provide: a description of the method and time of water level measurement; a description of the method of purging used both before sampling to remove stagnant water -..5--32- Order R9-2003-00S0: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site in the well, and a description of purging method used to collect groundwater samples from the well. -17- March 27, 2003 d) Sampling Information - For each Monitoring Point and Background Monitoring Point addressed by the report, a description of the type of pump - or other device - used and its vertical placement for sampling, and a detailed description of the information contained in Records of Monitoring Information, Directive D.2 of this Order. e) Map - A map (or copy of an aerial photograph) showing the locations of observation stations all Monitoring Points, and all Background Monitoring Points. 3. Annual Summary Report The discharger shall submit an annual report to the RWQCB covering the previous monitoring year. The annual Reporting Period ends March 30. This report may be combined with the Winter/Spring semiannual report. The annual report shall include, but not be limited to the following: a) Graphical Presentation of Anaivtical Data - For each monitoring point, submit in graphical format the laboratory analytical data for all samples collected within at least the previous five calendar years. Each graph shall plot the concentration of the constituent over time for a given monitoring point, at a scale appropriate to show trends or variations in water quality. b) Compliance Record Discussion - A comprehensive discussion of the compliance record, result of any corrective actions taken or planned which may be needed to bring the discharger into full compliance with the waste discharge requirements. c) Summary of Changes - A written summary of the monitoring results and monitoring system(s), indicating any changes made or observed since the previous annual report. d) Map - A topographic map at appropriate scale, showing the direction of ground water flow at the landfill site. 4. Schedule for Monitoring Reports Monitoring reports shall be submitted to the RWQCB in accordance with the following schedule: ,3-33 Order R9-2003-0080: Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site -18- March 27, 2003 Annual Re ort Period April to September October to March A ril to March Re ort Due October 30 A ril 30 A ril 30 5. Notification of Emergency Conditions The discharger shall notify the RWQCB by telephone or facsimile within 24- hours of any conditions that is created by the discharge of wastes to land or water resources resulting from corrective actions taken at this site. The initial notification must be followed by a detailed written description of the discharge, an explanation of the conditions which lead to the discharge of wastes and the emergency remedial actions taken to niitigate the effects of the discharge. The written notification shall be sent to the RWQCB by registered mail. G. REPORT DECLARATION All applications, reports, or information submitted to the RWQCB shall be signed and certified as follows: 1. Use of Registered Professionals. The discharger shall provide documentation that plans and reports required under this Order are prepared under the direction of appropriately qualified professionals. Califomia Business and Professions Code Sections 6735, 7835 and 7835.1 require that engineering and geologic evaluations and judgements be performed by or under the direction of registered professionals. A statement of qualifications and registration numbers of the responsible lead professionals shall be included in all plans and reports submitted by the discharger. The lead professional shall sign and affix their registration stamp to the report, plan or document. 2. Required Signatures and Certification Statement All written reports submitted to the RWQCB in compliance with this Order shall be signed by the discharger and contain the following certification statement: "] certify under penalty of law that] have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. ] am aware that there are significant penalties for submitting false information, . including the possibility of civil liabilities imposed administratively by the RWQCB or imposed by the Superior Court." 3-~<I Order R9-2oo3-OO80, Cleanup and Abatement of Groundwater Pollution: Former Omar Rendering Site -19- March 27, 2003 H. REPORTING TO THE RWQCB All monitoring and technical reports shall be submitted to: Executi ve Officer California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123-4340 Attn: Supervisor Land Discharge Unit I. NOTIFICATIONS. 1. The California Water Code Section 13350 provides that any person who intentionally or negligently violates any cleanup and abatement order issued, reissued, or amended by this RWQCB is subject to administrative civil liability of up to five thousand (5.000) dollars per day of violation. The Superior Court may impose civil liability of up to fifteen thousand (15,000) dollars per day of violation. 2. The California Water Code Section 13268 provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this Order, or falsifying any information provided in the monitoring reports is guilty of a misdemeanor and may be liable civilly in accordance with this section. 3. Pursuant to CWC 9 13304(c), the RWQCB is entitled to, and may seek reimbursement for, all reasonable costs actually incurred by the RWQCB to investigate unauthorized discharges of waste and to oversee cleanup of such waste, abatement of the effects thereof, or other remedial action, required by the Order. Ordered B ~~ HN H. ROB 'IUS xecutive Officer March 27. 2003 - ....3 - 3..~ Order R9-2003-0080: Cleanup and Abatement of Groundwater Pollution: Fonner Omar Rendering Site -20- March 27. 2003 TABLE 1: SUMMARY OF COMPIlANCE DATES OTA Y MESA :vENTURES II, L.L.C. FORMER OMAR RENDERING FACILITY SUMMARY OF COMPUANCE DAlES FOR ORDER NO, 2003-0080 . DIRECTIVE NO. SUBWTTAL TO RWQCB DUE DATE B.3 Initial Site Conceptual Model May 30, 2003 BA Comprehensive Site Investigation August 29, 2003 . Reoort C.2(t) Identification of affected Property Within 30-days after Owners and Occupants determination of offsite migration of pollutants C.2(h ) Comprehensive Feasibility Study December 30, 2003 Reoort F.1, F.2; F4; and H Semiannual Monitoring Reports October 30 April 30 F.I, F.3; F4; and H Annual Monitoring Reports April 30 ! 3 -3J..p ATTACHMENT E RISK ALLOCATION AGREEMENT THIS RISK ALLOCATION AGREEMENT ("Agreement") is entered into effective as of April _, 2003, by and between OT A Y MESA VENTURES II, L.L.c., a Louisiana limited liability company ("Owner") and its corporate parent, THE LANDBANK GROUP, INC., a Louisiana corporation ("LandBank ") (LandBank and Owner are sometimes collectively referred to herein as "Indemnitors"), and KNOWLTON REALTY ADVISORS, LLC ("Developer"), in favor of the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ("Agency") and the CITY OF CHULA VISTA ("City"), in light of the following facts: RECITALS A. Owner is the owner of certain real property located in the City of Chula Vista, State of California, commonly referred to as the Omar Rendering Company site (the "Site"). Owner is a "responsible party" for the Site, and along with affiliated entities, has been responding to regulatory requirements imposed by the San Diego Regional Water Quality Control Board ("Regional Board"). Developer desires to acquire the Site from Owner for redevelopment consistent with Agency-approved plans and requirements. The Property is located within the Agency's Otay Valley Project Redevelopment Area. B. The Regional Board is overseeing the review and environmental cleanup of the Site. The Agency has the capability of contracting with the Regional Board to effect the closure of this Site and the attachment of immunities under the Polanco Redevelopment Act (California Health and Safety Code SS 33459.1 et seq.) (hereinafter the "Polanco Act"). C. In order to facilitate the environmental cleanup and redevelopment of the Site, Agency will propose a Polanco Redevelopment Act Remediation and Conditional Immunity Agreement substantially similar to that which is attached as Exhibit "A" hereto (the "Polanco Agreement") to the Regional Board, conditional upon Indemnitors and Developer, and each of them, entering into this Agreement for the benefit of Agency. In connection with the Polanco Agreement, the Conceptual remedial action plan ("the Conceptual RAP") for the Site will include: (1) the grading and soil management plan for shallow soils at the Site necessary for redevelopment (the "Soil Requirements"); and (2) a summary of existing environmental requirements currently applicable to the Site; and (3) a framework for responding to the Cleanup and Abatement Order ("CAO") that will be issued by the Regional Board to Owner requiring investigation and remediation of groundwater. As part of the framework for responding to the CAO, the Conceptual RAP provides that Owner will submit various workplans to the Regional Board for review and approval. As each such workplan is approved by the Regional Board, it will be incorporated into the Conceptual RAP. Once all of the workplans have been submitted and approved by the Regional Board, the Conceptual RAP shall become the approved remedial action plan ("RAP") for the Site, as contemplated by Section 33459.3 of the Health & Safety Code. The County of San Diego's Department of Environmental Health ("DEH") may oversee implementation of the Soil Requirements by the Developer. The Regional Board will oversee implementation and completion of the Conceptual RAP, CAO, WDRS, RAP and other requirements the Regional Board may impose on Owner related to environmental conditions at the Site, other than Soil Requirements (collectively, the "Remedial Requirements") by the SFI271920.2 DRAFT 03/26/035:10 I'M 37576.00002 .3-37 Owner. The Regional Board will require the provision of financial assurance in connection with the Remedial Requirements. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: I. Incorporation of Recitals. The recitals set forth above are incorporated by reference into the body of this Agreement 2. Consideration. Indemnitors and Developer understand, acknowledge and agree that a material inducement for the Agency to in enter into the Polanco Agreement is the execution of this Agreement by Indemnitors and Developer, and that but for the execution of this Agreement by them, Agency would not enter into the Polanco Agreement 3. Implementation of Remedial Action Plan. Subject to the terms of the Polanco Agreement, the Agency and the Regional Board, respectively, are causing Developer to implement and complete the Soil Requirements, and causing Owner to implement and complete the Remedial Requirements. Indemnitors and Developer understand, acknowledge and agree, that the Polanco Agreement provides for the initiation, implementation and completion of the RAP. Indemnitors shall be responsible for undertaking, completing, and paying for all costs of carrying out the Remedial Requirements and reimbursing the Regional Board for all of its costs incurred for regulatory oversight for the RAP as set forth in Section 2.4 of the Polanco Agreement. Developer shall be responsible for undertaking, completing, and paying for all costs of carrying out the Soil Requirements. 4. Indemnitv. To the maximum extent allowable by law, Indemnitors, and each of them, and Developer, but only to the extent indicated below, shall protect, indemnify, defend and hold harmless Agency and City, and their respective directors, officers, employees, agents and attorneys, from and against any and all claims, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses (including, without limitation, reasonable third party attorney's fees and third party costs and expenses of investigation), collectively, "Costs," incurred or otherwise suffered by the Agency or City, as applicable, which arise out of or relate directly to (a) with respect to Indemnitors only, the Agency's implementation of the Polanco Agreement or the performance of the Agency's obligations thereunder, including, but not limited to, any and all Costs that the Agency may incur in connection with the implementation or oversight of the Polanco Act requirements; (b) with respect to Indemnitors only, the existence, or release, of hazardous materials existing at the Site prior to the effective date of conveyance of title to the Site to the Developer (the "Existing Conditions"); and (c) with respect to Developer only, the existence or release of hazardous materials brought to the Site on or after the effective date of conveyance of title to the Site to the Developer; provided, however, that the obligations of Indemnitors and Developer under this paragraph 4 shall specifically exclude (i) all Costs that directly arise out of or in connection with the sole and direct negligence or sole willful misconduct of the Agency or the City, as applicable, and any punitive damages imposed on the City, Agency or a third party; and (ii) any and all Agency or City claims for lost profits or lost business opportunities (the "Indemnity"). Notwithstanding the foregoing, Agency and City agree 2 SF/27 1920.2 BRAFT 03/26/03 5:10 PM 37576.00002 3-3? that Indemnitors' and Developer's obligations under this Section do not have the effect of giving Agency or City the right to require either Indemnitor, or Developer to undertake remedial action with respect to hazardous materials conditions at the Site that are not in violation of applicable federal, state or local hazardous materials laws. Agency and/or the City shall immediately notify Indemnitors, or Developer, if applicable, of any Cost or potential Cost that may be subject to this Indemnity and shall provide Indemnitors, or Developer, if applicable, with a reasonable opportunity to cure or minimize such Costs or potential Costs. 5. Joint and Several Nature of Obligations. Except as expressly provided herein, Indemnitors understand, acknowledge, and agree that their obligations pursuant to this Agreement shall be joint and several. 6. Financial Assurances and Securitv. On behalf of the Indemnitors, LandBank agrees to provide financial assurance(s)in the formes), amount(s) and at such time(s) as may be required by the Regional Board. At a minimum LandBank shall provide to the Regional Board a performance guaranty substantially in the form attached hereto as Exhibit "B" and made a part hereof (the "LandBank Guaranty") in a maximum amount of $1,000,000. The LandBank Guaranty shall be replaced with a finite risk environmental insurance policy with a coverage limit of at least $1,000,000 in a form approved by the Regional Board (the "Insurance Policy"). Upon written request by Agency, Agency shall be named, with a proper endorsement, as an additional insured under the Insurance Policy. Upon the issuance of the Insurance Policy, the LandBank Guaranty shall be cancelled. Owner shall be entitled to substitute any form of insurance acceptable to the Regional Board under applicable Regional Board requirements and Title 22, Division 4.5, Chapter 14 of the California Code of Regulations, as amended. Prior to commencing work on the Soil Requirements, Developer agrees to provide a performance and payment bond in favor of Agency and City to assure completion of the Soil Requirements, in the amount of 100% of the estimated cost of such work. Such bond shall be issued by a surety company admitted to do business in California, with a Best's rating of A-V or better, and shall otherwise be in a form approved by Agency counsel. Nothing in this Section 6 shall limit or modify LandBank's or Developer's obligations under Section 4 hereof. Finally, Indemnitors have identified the following additional insurance policies relating to the Site: (a) United National Insurance Company Real Estate Pollution Policy (Policy Number UNA-000-0l32); and (b) United National Insurance Company Commercial General Liability Policy (Policy Number UNA-000-0l33) (the "Related Insurance Policies"). Subject to the terms and conditions thereof, Indemnitors have indicated that the Related Insurance Policies may be pursued by the Indemnitors in the event that claims, demands or causes of action are filed by the Agency or City hereunder. 7. Survival of Indemnities. Indemnitors, Developer, City and the Agency agree that the Indemnitors' and Developer's respective obligations to defend and indemnify the Agency and the City (a) with respect to the obligations contained in Section 4(a) hereof, shall terminate three (3) years after completion of the work under the RAP has been approved by the Regional Board, as provided under the Polanco Agreement; (b) with respect to the obligations contained in Section 4(b) hereof, shall continue for a period of time equal to the greater of (i) as long as Owner is required by the Regional Board to provide financial assurance for the Site or to conduct investigatory, remedial or operations and maintenance activities related to Existing Conditions, 3 SF/271920.2 DRAFT 03/26/03 5:10 PM 37576.00002 3 -3 CJ or (ii) the period of 30 years, commencing with the effective date hereof; and (c) with respect to the obligations contained in Section 4( c) hereof, shall continue in perpetuity; provided, however, upon transfer of all or any portion of the Site, and the replacement of Developer's obligations with substantially similar obligations from the transferee, such obligations shall terminate with respect to the transferred property three (3) years following the effective date of Developer's conveyance of title thereto. 8. Waiver. No waiver of any provlSlon of this Agreement or consent to any departure by any party therefrom shall in any event be effective unless the same shall be in writing and signed by the party or parties from whom the waiver or consent is sought, and then such waiver or consent shall be eftective only in the specific instance and for the specific purpose for which given. 9. Exercise of Remedies. In connection with any breach of the obligations pursuant to this Agreement, the non-breaching party shall be entitled to exercise any and all remedies and causes of actions it may have under any and all federal, state or local laws, ordinances, regulations or policies. No failure on the part of such party to exercise and no delay in exercising any right or remedy hereunder, at law or in equity, shall operate as a waiver thereof; nor shall such party be estopped to exercise any such right or remedy at any future time because of any such failure or delay; nor shall any single or partial exercise of any such right or remedy preclude the exercise of any other right or remedy. 10. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflicts of law principles. II. Modifications. This Agreement may be amended or modified only by an instrument in writing which by its expressed terms refers to this Agreement in which is executed by all of the parties hereto. 12. Attornevs Fees. If any party to this Agreement commences litigation for the interpretation, enforcement, termination, cancellation or recission of this Agreement, or for damages for the breach of this Agreement, the prevailing party in such action shall be entitled to its reasonable attorneys fees and court and other costs incurred, to be paid by the losing party as fixed by the Court or in a separate action brought for that purpose. 13. Severability. If any term or provision of this Agreement shall be determined to be illegal or unenforceable, all other terms and conditions of this Agreement shall never-the-less remain effective and shall be enforced to the fullest extent permitted by law. 14. Other Laws. Nothing in this Agreement, and no exercise by Agency of its rights or remedies under this Agreement shall impair, constitute a waiver of, or in any way effect Agency's rights and remedies with respect to Indemnitors under any other laws, including, without limitation, all statutes and laws applicable to environmental contamination and cleanup of environmentally impaired property. 15. Interrelationship with Polanco Agreement. Nothing in this Agreement shall modify, in any way, Agency's obligations to the Regional Board under the Polanco Agreement. 4 SF127 I 920.2 DRAH 03/26/035:10 PM 37576.00002 3-4D 16. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. A facsimile copy of a signature shall be as effective as an original signature. IN WITNESS WHEREOF, Indemnitors have executed this Agreement as of the day and year first written above. OWNER: LANDBANK: OTA Y MESA VENTURES II, L.L.C. THE LANDBANK GROUP, INC. By: LandBank Properties, L.L.C., its sole member By: Its: By: Its: DEVELOPER: KNOWLTON REALTY ADVISORS, LLC By: Hooper Knowlton III, Manager AGENCY: CITY: REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CITY OF CHULA VISTA By: By: Stephen C. Padilla, Chairman Stephen C. Padilla, Mayor APPROVED TO AS TO FORM By: Ann Moore, City/Agency Attorney. 5 SF/271920.2 DRAFT 03/26/035:10 PM 37576.00002 3-cj/