HomeMy WebLinkAbout1997-07-03 City CouncilCity
City of Palo Alto
Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:JULY 3, 1997 CMR:321:97
SUBJECT:NOTICE FROM THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD REGARDING THE PALO ALTO
LANDFILL
REQUEST
This report requires no action by Council. This report provides information on actions taken
by the California Integrated Waste Management Board (CIWMB) related to a violation of
State minimum standards at the Palo Alto Landfill.
BACKGROUND
The Palo Alto Landfill is required to monitor a short portion of the facility boundary adjacent
to the Palo Alto Regional Water Quality Control Plant (PARWQCP) for off-site migration
of landfill gas, which PARWQCP staff does at various locations around the plant. Methane
gas has been detected in gas monitoring probefi along this boundary for several years.
However, landfill investigations conducted by staff and a consultant indicated that the gas
occurrence was a localized phenomenon, and because no problems had been experienced,
staff proposed no corrective actions related to this issue.
The Santa Clara County Environmental Resource Agency acts as the Local Enforcement
Agency (LEA) for the CIWMB. In early 1996, City staff requested that the LEA review
staff’s position and either concur or direct staffto take corrective actions. In March 1997,
the LEA indicated that the occurrence of explosive gasses in the monitoring probes would
be considered a violation of State minimum standards and that corrective measures would
be required. Staff developed and submitted a written action plan to the LEA within one
week of the LEA’s decision. The action plan outlined a schedule for formal investigation
and implementation of violation corrections upon approval of the FY 1997-98 budget.
During a site inspection on May 6, 1997, the LEA and CIWMB staff indicated that the
proposed schedule and course of action were acceptable.
On May 23, 1997, staff received a letter from the CIWMB (Attachment A) informing the
City that the Palo Alto landfill would be placed on the Inventory of Solid Waste Facilities
CMR:321:97 Page 1 of 2
Which Violate State Minimum Standards (Inventory). As the letter indicates, due to a recent
courtdecision, the CIWMB is now compelled to maintain the Inventory. Because the landfill
has an outstanding violation of State minimum standards, the facility will be placed on the
Inventory 90 days after receipt of this letter. City staff sent a response letter (Attachment B)
to the CIWMB earlier this month reiterating the City’s commitment to correcting the
violation through the action plan proposed to the LEA in March 1997.
ACTIONS TO BE TAKEN
A request for proposals (RFP) has been prepared to investigate the gas occurrence and
implement violation correction measures. The project is on the FY 1997-98 list for Policy
and Services Committee consideration of consultant projects review. Once the Policy and
Services Committee determines its involvement with the project, the RFP will be issued, and
work to correct the violation will begin shortly thereafter.
Listing and removal of facilities from the Inventory is a CIWMB staff level function that
does not require formal Board action. Once the violation correction has been verified,
CIWMB staffwill remove the Palo Alto landfill from the Inventory.
PREPARED BY: Chad Centola, Manager-Environmental Control Programs
DEPARTMENTHEADREVIEW: i~~,~t.-~ ~,
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER’ S APPROVAL:~. ~
EI~IILY ~SON ~"
Assistant City Manager
Attachments: May 18, 1997 Letter from the CIWMB
June 5, 1997 Letter from the City of Palo Alto to the CIWMB
CMR:321:97 Page 2 of 2
11:86
Gal/EPA
California
Environmental
Ptole~tim~
Agency
Integrated
Management
Board
8800 Cat Center Dr,
Sao’am~nto CA 93826
(916) 255.2200
PUBL I C EIORKS OF’S
CERTIFIED MAIL
P585 553 172
May 18, 1997
Mr. Chad Centola, Manager
Envirozmaental Control P.rograms
City of Pale Alto Landfill
P.O. Box 10250
Pale Alto, CA 94303
KS OP 7.02/133Attachment A
R E CL=Iv ~ r Pete Wilson
NAY 2
Jamcs hi. Strock
..qeeretao" for
Environmontol
Protection
90 Day Notice Of Intent To Include City of Palo Alto Refuse Disposal Site
(43-AM-0001) In The Inventory Of Solid ~,Vaste Facilities Which Violate
State Minimum Standards (Inventow)
Dear Mr. Centola,
A recent court decision in the case brought by the Natural Resources Defense
Council (NRDC) against the California Integrated Waste Management Board
(IWMB) regarding the Inventory compels IWMB staff to start placing
facilities that have violated Title 14 California Code of Regulations (14 CCR),
Chapter 3, State Minimum Standards for Solid Waste Handling and Disposal
(State Minimum Standards) on the Inventory.
A review of the monthly Local Enforcement Agetley (LEA) inspection report
for March 1997 of your facility, which the LEA-should have provided you a
copy of, indicates that th.e following State Minimum Standard has been
violated: ’
14 CCR § 17258.23 - Explosive Gas
YOU ARE HEREBY NOTIFIED THAT BOARD STAFF IS PROPOSING
TO INCLUDE THE CITY OF PAL0 ALTO REFUSE DISPOSAL SITE,
IN THE INVENTORY OF SOLID WASTE FACILI_T_I_ES WHICH VIOLATE
STATE MINIMUM STANDARDS (INV_ENTORY) PURSUANT TO
PUBLICRESOURCES CODE (PRC) SECTION 44104.
Prior to the NRDC lawsuit, the IWMB provided a process for operators to
appeal listing on ~he Inventory. Because of the court decision, an appeals
process is not allowed unless the IWMB formalizes a procedure in regulation.’
The LEA will continue to be responsible for inspecting your facility on a
monthly basis and providing written documentation (inspection reports)
regarding ~he compliance status of your facility with respect to the above listed
standards. If your facility corrects the violation within 90 days of receipt of
this notice, it will not be included in ~he Inventor~,. However, if the violation
Rc.c)’¢’l~d Pal,~’r
Vag~ ~ ot 2
Chad Centola
PUBLIC U~OR, KS OPS KS OP
has not been corrected within the 90 day period, then your facility will be included in the
Inventory.
If you have any questions regarding lh~i~ action, please call Laura Niles, of my staff at (91.6)
255-3887.
Sincerely,
John K. Bell, Manager
Enforcement Branch, Headquarters
Permitting and Enforcement Division
Mr.Antone Pacheco, Santa Clara County LEA
Mr.John Duf’rense, Santa Clara County LEA
Mr.Jim Tokarz, Santa Clara County. LEA
TOTAL P. 03
June 5, 1997
Cityo dalo Alto
Public Works Department
Attachment B
Divisions
Administration
415.329. 2~,73
415.329.2299 Fax
415. 329.2151
415.329. 2299 Fax
Compliance
415.329, 2598
415, 494.3531 Fax
Equipment
Management
415.496. 6922
415.496.6958 Fax
Facilities
Management
415.496. 6900
415.496, 6958 Fax
Operations
415. 496. 6974
415. 496. 6924Fax
Regional Water
QualityControl
415. 329. 2598
415.494.3531Fax
Mr. John K. Bell
Manager, Enforcement Branch
California Integrated Waste Management Board
Permitting and Enforcement Division
8800 Cal Center Drive
Sacramento, CA 95826
Dear Mr. Bell:
The City of Palo Alto is in receipt of your letter dated May 18, 1997 regarding 90 day
notice of intent to include the City of Palo Alto Refuse Disposal Site (43-AM-0001) in
the Inventory of Solid Waste Facilities Which Violate State Minimum Standards.
The City acknowledges that the IWMB is now compelled to take the actions presented
in the subject letter, and that the actions being taken are prescribed under state law
governing the regulation of solid waste facilities.
It should be noted that prior to the issuance of the subject letter, the City had discussed
this issue with the Local Enforcement Agency (LEA) on a number of occasions and most
recently met in March 1997 to discuss this matter. Because the facility’s immediate
neighbor, the Palo Alto Regional Water Quality Control Plant, continuously monitors
for explosive gasses in their subsurface tunnels and vaults, and was not experiencing
problems associated with explosive gasses, the City contim~ed to hold the position
presented in previous investigations that the gas detected in the perimeter probes is a
localized phenomenon that was not indicative of a health and safety problem. It should
be .further noted that the source of this gas has not been established to be related to the
landfill. Identification of the source whether landfill related or not, will be a key task
in the upcoming studies which the City will have performed. At a meeting in early
199.6, a specific request was made to the LEA to either concur with this position or
direct the City to correct the situation. At the March 1997 meeting, the LEA did advise
the City that the facility was in violation of State minimum standards and corrective
actions would be required. In a letter to the LEA dated March 23, 1997, the City of Palo
Alto committed to addressing and correcting the violation and issue of explosive gas
occurrence on the northwest boundary of the facility.
The timing of discussions and direction on this matter, the City’s commitment to address
this matter, and the court case cited in your letter, have not been particularly to the
advantage of the City of Palo Alto. However, the City is fully committed to addressing
the outstanding violation. The 90 day time allotment to address this issue is not sufficient
to accommodate funding, procurement of professional services and development of
remedial measures to address the violation. It is anticipated that professional services
P.O. Box 109_50
Palo Alto, CA 94303
LettertoMr. JohnBell
June 5, 1997
Page 2
will be procured in July, 1997. Due to the uncertainty of the level of effort necessary to
correct the violation, an anticipated completion date cannot be advanced at this time. The
City of Palo Alto will keep both the LEA and your offices apprised of progress on this
matter.
If you have any questions, please feel free to contact Chad Centola, Manager of
Environmental Control Programs at (415) 496-6980.
GLENN S. ROBERTS
Director of Public Works
MJ/GSR:ko
Local Enforcement Agency
June Fleming, City Manager
Michael Jackson