ITEM 2

SUBJECT

THE COUNTY OF SAN DIEGO (COUNTY) REQUESTS FUNDING FOR CLEANUP AT THE ABANDONED TIJUANA RIVER VALLEY REGIONAL PARK (REGIONAL PARK) IN THE AMOUNT OF $500,000 FROM THE STATE WATER POLLUTION CLEANUP AND ABATEMENT ACCOUNT (CAA)

DISCUSSION

The Regional Park is owned by the County and located in the Tijuana River Valley floodway. The Tijuana River lies directly north of this site and the Tijuana River National Estuarine Sanctuary abuts the property to the west.

In 1996 the County Parks and Recreation Department leased 182 acres of the regional park to Crown Point Enterprises, Inc. for the purpose of enhancing the quality of the soil in the area with a vermiculture operation. Provisions of the agreement permitted Crown Point to import clean “greenwaste” as feed stock for its worms. Crown Point violated the lease terms by importing mixed waste that did not meet the criteria established. In addition to “greenwaste,” Crown Point illegally dumped treated wood, tires, steel, concrete and other construction materials, and trash. The solid waste deposited is estimated at 200,000 cubic yards. The County filed legal action against the lessee and was awarded $8.4 million in September 1998. Crown Point filed bankruptcy shortly thereafter, denying the County an opportunity to recover any money.

The San Diego Regional Water Quality Control Board (SDRWQCB) does not currently recognize this site as a threat to water quality and has not issued an order for cleanup. Documentation attached to the request suggests the County should have recognized potential problems with Crown Point Enterprises, Inc. A letter from the San Diego County Department of Environmental Health in May 1995 identifies concerns with the operation of a site in San Marcos owned by the same company. This occurred prior to execution of the lease agreement for the Tijuana River Valley property.

The County solicited an endorsement from the SDRWQCB for use of Section 319 funding, but was denied assistance. The County has also discussed resource alternatives with staff from the City of San Diego and the California Integrated Waste Management Board; however, no funding has been identified.

POLICY ISSUE

Should the State Water Resources Control Board (SWRCB) fund the cleanup of solid waste at the Tijuana River Valley Regional Park in the amount of $500,000?

FISCAL IMPACT

As of June 30, 1999, the CAA has an uncommitted balance of $3,563,206. SWRCB policy requires a minimum reserve of $1,000,000 in the CAA for emergencies. A project request for $627,000 has been approved and two others, one for $256,250 and one for $402,300 are pending. Assuming approval of these two projects, the uncommitted balance will drop to $2,277,656. Approval of this project will reduce the uncommitted balance to $1,777,656.

RWQCB IMPACT

The SDRWQCB has not issued a Cleanup and Abatement Order against this site nor is one planned. The SDRWQCB does not believe the solid waste deposited at this site represents a significant threat to water quality.

STAFF RECOMMENDATION

Deny this request for the following reasons:

1. The deposited solid waste is on County property and was caused by a County lessee. Historically,

the SWRCB has held that landowners are responsible parties in such cases.

2. The SDRWQCB does not believe the materials at the site pose a significant threat to water quality.

3. The County has not explained why it is unable to pay the cost of cleanup.

4. The County should have known that Crown Point Enterprises, Inc. might not operate within the

lease agreement, given its track record at a similar site in San Marcos.

[Attachments not available electronically but can be obtained by telephone Mike Harper at

(916) 227-4326

________________________________________________________________________________

DRAFT October 25, 1999

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99-

THE COUNTY OF SAN DIEGO (COUNTY) REQUESTS FUNDING FOR CLEANUP AT THE ABANDONED TIJUANA RIVER VALLEY REGIONAL PARK IN THE AMOUNT OF $500,000 FROM THE STATE WATER POLLUTION CLEANUP AND ABATEMENT ACCOUNT TO FUND UNANTICIPATED NEW ACTIVITIES

WHEREAS:

1. The County owns the Tijuana River Valley Regional Park;

2. The County leased the property to a company who deposited solid waste in violation of the lease agreement;

3. The County did not monitor the activity at the site closely enough to determine that the lessee was accepting unapproved waste;

4. Prior State Water Resources Control Board decisions have held that absentee landlords who owned or subleased property during the time when discharges occurred are responsible parties;

5. The County has not demonstrated an inability to pay the cost of cleanup; and

6. The San Diego Regional Water Quality Control Board does not recognize the Tijuana River Valley Regional Park as a threat to water quality and has not, therefore, issued a Cleanup and Abatement Order.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board denies the request from the County to pay for solid waste cleanup at the Tijuana River Valley Regional Park.

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 November 18, 1999.

Maureen Marché