STATE WATER RESOURCES CONTROL BOARD

WORKSHOP SESSION - DIVISION OF CLEAN WATER PROGRAMS

MAY 3, 2000

ITEM 9

SUBJECT

CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO SIGN A COOPERATIVE AGREEMENT (CA) WITH THE DEPARTMENT OF THE NAVY FOR THE SAN FRANCISCO BAY AND LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARDS (RWQCBs) TO PROVIDE REGULATORY OVERSIGHT OF SITE REMEDIATION AT FIVE NAVY FACILITIES (COST RECOVERY PILOT PROJECT)

DISCUSSION

At the request of the Department of the Navy (DON), five facilities were removed from the Defense State Memorandum of Agreement (DSMOA) and placed in a Cost Recovery Pilot Project, effective March 2, 1999. The five facilities are Alameda Naval Air Station, Treasure Island Naval Station, Mare Island Naval Shipyard, Long Beach Naval Station, and Long Beach Naval Shipyard. The Department of Toxic Substances Control (DTSC) has had lead responsibility for cleanup oversight activities at the five Navy facilities. However, the San Francisco Bay and Los Angeles RWQCBs are involved in the regulatory oversight of the cleanups, particularly petroleum cleanups, at the facilities.

The DON must have a CA for them to reimburse the State Water Resources Control Board (SWRCB). The DON does not dispute the SWRCB charges to date but insists upon the CA as a vehicle to allow them to pay.

Authority for implementing Cost Recovery Programs is contained in the Water Code, Division 7, Section 13304. This Cost Recovery Pilot Project is patterned after the SWRCB’s Spills, Leaks, Investigations, and Cleanups (SLIC) Program. Consequently, the DON is billed directly, on a quarterly basis, for cleanup oversight activities provided by the San Francisco Bay and Los Angeles RWQCBs. The SWRCB and RWQCB regulatory oversight is to ensure water quality concerns are addressed in response actions at these closing military facilities.

POLICY ISSUE

Should the SWRCB be a party to the proposed CA as a mechanism to ensure timely recovery of costs incurred in regulatory oversight of cleanups at the five Navy facilities?

FISCAL IMPACT

During Fiscal Year (FY) 1998-99, $95,480 was spent for RWRCB oversight of cleanups at the five Navy facilities. The FY 1999-00 budget is approximately $290,000. The RWQCBs are developing estimates of the budget needed for oversight during FY 2000-01. An increase in the budget is anticipated to support the increased staff time required to respond to the accelerated timeframes for cleanups and property transfers at these high profile facilities.

REGIONAL BOARD IMPACT

Yes, the San Francisco Bay and Los Angeles RWQCBs.

STAFF RECOMMENDATION

That the SWRCB authorize the Executive Director, or his designee, to sign the proposed CA.

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DRAFT April 24, 2000

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2000-

AUTHORIZING THE EXECUTIVE DIRECTOR TO SIGN A COOPERATIVE AGREEMENT (CA) WITH THE DEPARTMENT OF THE NAVY FOR THE SAN FRANCISCO BAY AND LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARDS (RWQCBs) TO PROVIDE REGULATORY OVERSIGHT OF SITE REMEDIATION AT FIVE NAVY FACILITIES (COST RECOVERY PILOT PROJECT)

WHEREAS:

1. The Department of the Navy (DON) and the Department of Toxic Substances Control (DTSC) have agreed to the removal of five Navy facilities from the Defense State Memorandum of Agreement (DSMOA) and placement of these facilities into a Cost Recovery Pilot Project effective March 2, 1999.

2. The DON has requested a CA with the State (DTSC, State Water Resources Control Board [SWRCB], Department of Fish and Game [DF&G], and the Department of Health Services [DHS]) to reimburse the State for regulatory oversight at the five Navy facilities.

3. The DTSC has negotiated a CA between the DTSC and the DON, and the SWRCB has chosen to do the same.

4. RWQCBs will ensure water quality concerns are addressed in response actions at the five Navy facilities.

5. The DON will be billed directly, on a quarterly basis, for oversight activities performed by the San Francisco Bay and Los Angeles RWQCBs pursuant to the Water Code, Division 7, Section 13304.

THEREFORE BE IT RESOLVED:

The State Water Resources Control Board authorizes the Executive Director to sign a CA with the DON for reimbursement of regulatory oversight at the five Navy facilities.

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 the meeting of the State Water Resources Control Board held on May 18, 2000.

__________________________

Maureen Marché

Administrative Assistant to the Board