SUBJECT

THE CITY OF CORNING (CITY) REQUESTS FOR FUNDING FOR CLEANUP AT THE ABANDONED DUDLEY AND PETTY TRUCK STOP IN THE AMOUNT OF $627,000 FROM THE STATE WATER POLLUTION CLEANUP AND ABATEMENT ACCOUNT (ACCOUNT) TO FUND UNANTICIPATED NEW ACTIVITIES

DISCUSSION

The Dudley and Petty, Inc. truck stop is an abandoned 12-acre site that operated between 1947 and 1988 in the City of Corning. The owners are deceased and the site is in Chapter 7 bankruptcy. There are a number of underground tanks (USTs) and aboveground tanks (ASTs) on site that are polluting groundwater in the area. The tanks were used for storage of gasoline and diesel fuel and waste, motor, and gear oil. A tire repair shop and truck wash also operated on the property.

Major contaminants present in the soil and groundwater at the site include gasoline, diesel, motor oil, and traces of MTBE. Other contaminants include the chlorinated hydrocarbons DCE and TCE. DCE and TCE were first detected by staff in the domestic and commercial drinking water well on adjacent property, east of the site. The origin and source locations of the DCE and TCE plumes are unknown.

Eleven ASTs and 13 USTs were present when Central Valley Regional Water Quality Control Board (CVRWQCB) initiated regulatory enforcement. Based on the evidence collected, the CVRWQCB issued Cleanup and Abatement Order No. 96-701 in April 1996 to the bankruptcy trustee. The trustee has an active UST Cleanup Fund case and is receiving money for remediation of the underground tank releases. No action has been taken to clean up the aboveground tank releases..

Two City of Corning municipal wells, which have a combined pumping rate of 0.5 million gallons per day, exist approximately 650 feet from the southwest corner of the Dudley and Petty site. Numerous commercial and domestic wells exist on adjacent land. Because the property is a community blight and municipal wells are either impacted or threatened, the City stepped forward and offered to oversee AST cleanup if funding could be found. This request has the support of the CVRWQCB.

POLICY ISSUE

Should the State Water Resources Control Board (SWRCB) fund cleanup of groundwater and soil contamination at the Dudley and Petty truck stop in the amount of $627,000?

FISCAL IMPACT

As of April 30, 1999, the Account has an uncommitted balance of $3,843,654. SWRCB policy requires a minimum balance of $1,000,000 in the Account for emergencies. This project would result in a commitment of $627,000, which would reduce the uncommitted balance to about $3,217,000.

RWQCB IMPACT

The CVRWQCB is actively involved in this project and supports funding of this request.

STAFF RECOMMENDATION

Approve the City of Corning’s request.

WHEREAS:

1.  The Dudley and Petty, Inc. truck stop is an abandoned 12-acre site in Chapter 7 bankruptcy.

2.  There are two dozen underground tanks (USTs) and aboveground tanks (ASTs) on site that have leaked gasoline, diesel fuel and motor oil.

3.  The chlorinated hydrocarbons DCE and TCE have been detected in groundwater on site and have impacted at least one drinking water well off site.

4.  Other nearby municipal, commercial, and domestic wells are threatened.

5.  The Central Valley Regional Water Quality Control Board has issued the bankruptcy trustee a Cleanup and Abatement Order (No. 96-701) requiring site cleanup.

6.  The bankruptcy trustee is responsible for cleanup of the leaking USTs and is actively doing so with money provided from the UST Cleanup Fund.

7.  There is no money available to cleanup contamination caused by ASTs and other sources.

8.  The City of Corning has decided to take responsibility for site cleanup associated with AST contamination and estimates the cost of doing so at $627,000.

9.  The Cleanup and Abatement Account (Account) was created by Water Code Sections 13440-13443 and money deposited in the Account is available to public agencies with the authority to clean up waste.

10.  The Cleanup and Abatement Account has a projected uncommitted balance of $3,843,654.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board:

1.  Commits $627,000 to the City of Corning for AST cleanup work at the Dudley and Petty, Inc. truck stop.

2.  Establishes an end date for this project of August 31, 2004.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on August 19, 1999.

_______________________________
Maureen Marché
Administrative Assistant to the Board