Request for C&A funds/Westley Tire Fire Site

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING – CLEAN WATER PROGRAMS

DECEMBER 15, 1999

ITEM 3

SUBJECT

REQUEST FOR FUNDING FROM THE STATE WATER POLLUTION CLEANUP AND ABATEMENT ACCOUNT (CAA) TO FUND THE CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD’S (CVRWQCB) WESTLEY TIRE FIRE CLEANUP IN THE AMOUNT OF $2,000,000

DISCUSSION

A tire fire near the community of Westley was extinguished on October 22, 1999, leaving behind a large amount of pyrolitic oil, partially burned tires, metals, ash and degraded soils. In addition, the fire fighting effort contributed 2 to 3 million gallons of degraded water containing benzene, toluene, ethylbenzene, xylene, oil, metals, salts and other contaminants. To reduce the immediate threat to groundwater, the Integrated Waste Management Board built structures to contain 20 acre-feet of the liquid and sediment onsite and keep clean water out of the burn area. This strategy has been effective to date.

Presently, clean storm water runoff can be contained in two up-gradient dams and the water diverted via piping that bypasses the burn area. Within the burn area, several basins were built to contain water degraded from contact with fire-related contaminants. These basins currently contain runoff from the fire fighting effort and will increase in volume as the storm season progresses. Seasonal rainfall threatens down-gradient surface water and groundwater in the area because the maximum containment capacity is equivalent to the expected volume from a 24-hour, 100-year storm event. Presently there are 2 to 3 million gallons of wastewater in the catch basins (half-filled). This wastewater from multiple storms or higher intensity storms may not be contained. Additionally, the annual expected rainfall of 11.9 inches in this area could generate 13,000,000 gallons of degraded wastewater.

If the structures in place cannot contain the winter runoff, the water flushing down the canyon will have a significant potential to pollute groundwater in the area and, possibly, surface water. One alternative to avoid the polluted runoff, is to remove the degraded water and sediment from the basins and transport it to a proper disposal site. The cost to transport and dispose of the wastewater for the storm season could be as much as $2,000,000. Ultimately, the responsible parties named in Regional Board C&A Order No. 99-726 are accountable; however, if they are unwilling or unable to pay the cost, the Regional Board must be ready to respond.

Two factors should be mentioned that impact the approval of this item. First, because the storm season has already begun, immediate action to eliminate the water quality threat is essential. The regional board staff must enter a contract for hauling and disposal without delay. Second, the regional board has only four members at this time and is unable to provide a resolution backing the project. Therefore, the CVRWQCB staff is asking the SWRCB to treat this project as an emergency and waive the policy requirement for a regional board resolution of support.

POLICY ISSUE

Should the State Water Resources Control Board (SWRCB) approve funding for cleanup activities associated with the Westley Tire Fire?

FISCAL IMPACT

Funding this project will have a significant impact on the CAA’s remaining balance. The itemized accounting below indicates that approval will leave the account with a balance under the $1,000,000 minimum established by SWRCB policy.

CAA funds available as of September 30, 1999	$3,458,837
Approved by SWRCB since Sept. 30
CAA 173, Santa Rosa Well Contamination	$256,250
CAA 137 , Gambonini Mercury Mine Erosion	$402,300
Emergency approvals by CWP Division Chief
CAA 174, Humboldt Rose Diesel Spill	$50,000
Region 8, Drainage Tributary Manure Spill	$20,000
Total Commitments
Difference between available and commitments	$2,730,287
This proposal	$2,000,000
Remaining balance	$730,287

RWQCB IMPACT

The CVRWQCB staff supports funding of this project.

STAFF RECOMMENDATION

That the State Water Resources Control Board adopt a resolution approving this funding with the following stipulations:

1. The SWRCB waive the existing policy requirement to maintain a $1,000,000 reserve in the fund;

2. The SWRCB waive the existing policy requirement that the regional board requesting funding provide a resolution in support of the project;

3. The SWRCB declare this project an emergency for purposes of entering contracts to remove the waste; and

4. Full funding of the Westley Tire Fire may not occur if the SWRCB receives subsequent requests it determines to be of a higher priority.

_______________________________________________________________________________

DRAFT December 3, 1999

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99-___

APPROVAL OF A REQUEST FOR FUNDING FROM THE STATE WATER

POLLUTION CLEANUP AND ABATEMENT ACCOUNT (CAA)

TO THE CENTRAL VALLEY REGIONAL WATER QUALITY

CONTROL BOARD’S WESTLEY TIRE FIRE CLEANUP

WHEREAS:

1. The Westley Tire Fire produced a large amount of contaminates that threaten water quality in the area.

2. Containment structures constructed by the Integrated Waste Management Board can only hold 20 acre-feet of liquid and sediment.

3. Winter storms could produce more water than the current capacity of the containment structures.

4. There are no assurances the responsible parties will remove the existing threat.

5. Immediate action is necessary to avoid pollution of groundwater in the area.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board

1. Waives its existing policy to maintain a $1,000,000 balance in the fund for emergencies.

2. Waives its existing policy requiring a regional board resolution in support of the project.

3. Declares this project to be an emergency for purposes of entering contracts expeditiously.

4. Commits up to $2,000,000 to the CVRWQCB to ensure that a backup plan is in place to prevent degradation of water quality in the area of the Westley Tire Fire, with the understanding that full funding may not occur if higher priority projects are presented to the Board.

5. Establishes an end date of June 30, 2000.

CERTIFICATION

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 December 15, 1999.

__________________________________________

Maureen Marché

Administrative Assistant to the Board