ITEM 13: APPROVING THE USE OF EMERGENCY, ABANDONED, RECALCITRANT (EAR) ACCOUNT FUNDS UP TO $200,000.00 FOR THE CALIFORNIA CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD (CVRQCB), TO CONTINUE TO CLEAN UP PETROLEUM CONTAMINATION FROM THE LEAKING UNDERGROUND TANK LOCATED AT 10675 HIGHWAY 155 IN GLENNVILLE, KERN COUNTY

DISCUSSION: Gasoline containing Methyl Tertiary-Butyl Ether (MTBE) was released from the underground storage tank (UST) at the Glennville Shopping Center at 10675 Highway 155 in Glennville, Kern County. During an investigation in July of 1997, MTBE was discovered in approximately 25 wells in the community. At least five domestic water supply wells in the community of Glennville have concentrations of MTBE which greatly exceed the Office of Environmental Health Hazard Assessment's draft public health goal for MTBE in drinking water of 14 parts per billion (ppb).

The responsible parties, Ralph A. Wilcox III and Jan C. Wilcox failed to take corrective actions ordered by the CVRWQCB in the Cleanup and Abatement Order No. 97-721. Significant amounts of petroleum remain in soil and groundwater at the site and are a continuing threat to human health, safety, and the environment.

At the CVRWQCB request, on August 4, 1998 the Chief of the Division of Clean Water Programs approved $100,000 in emergency funding from the EAR Account for providing a short-term, interim water supply. Adoption of this proposed resolution is necessary to allow the CVRWQCB to provide a long-term alternative water supply and perform corrective action at the Glennville Shopping Center UST site.

POLICY ISSUE: Should the State Water Resource Control Board adopt a resolution authorizing expenditure of EAR Account funds for cleanup of petroleum pollution from the leaking UST located at 10675 Highway 155 in Glennville.

FISCAL IMPACT: The EAR Account will be reduced by $200,000.

RWQCB IMPACT: The remediation will be administered by the CVRWQCB.

STAFF RECOMMENDATION: That the State Water Resources Control Board adopt the resolution authorizing expenditure of EAR Account funds in the amount of $200,000.

DRAFT December 28, 1998

WHEREAS:

1. The Executive Officer of the Central Valley Regional Water Quality Control Board (CVRWQCB), submitted a written request to the Chief of the Division of Clean Water Programs for funding in an amount not to exceed $200,000 from the EAR Account for the prompt cleanup of petroleum from the underground storage tank (UST) located at the Glennville Shopping Center, 10675 Highway 155 in Glennville, Kern County. During an investigation in July of 1997, gasoline containing Methyl Tertiary-Butyl Ether (MTBE) was discovered in approximately 25 wells in the community. At least five domestic wells in the community of Glennville have concentrations of MTBE which greatly exceed the Office of Environmental Health Hazard Assessment's draft public health goal for MTBE in drinking water of 14 parts per billion (ppb).

2. Prompt action by the CVRWQCB, to abate the situation is necessary to protect human health, safety and the environment;

3. Funds are available from the EAR Account, established under SB 2004 (Underground Storage Tank Cleanup Fund Program), if the State Water Resources Control Board (SWRCB) authorizes their use;

4. The CVRWQCB, issued a Cleanup and Abatement Order No. 97-721 on December 26, 1997 to the responsible parties, Ralph A. Wilcox III and Jan C. Wilcox. The Wilcox's have failed to take corrective actions as ordered; and

5. Section 25299.51 of the Health and Safety Code authorizes the SWRCB to provide funds to CVRWQCB's for cleanup of UST sites.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board pursuant to Sections 25299.36 and 25299.51 of the Health and Safety Code, authorize an amount not to exceed $200,000 from the EAR Account for the Central Valley Regional Water Quality Control Board, to perform prompt corrective action at 10675 Highway 155 in Glennville.

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 January 21, 1999.

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Maureen Marchè

Administrative Assistant to the Board