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Home My WebLink About1997-08-07 City Council (4)City of Palo Alto C ty Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:AUGUST 7, 1997 CMR:363:97 SUBJECT:STIPULATED NOTICE AND ORDER FROM THE LOCAL ENFORCEMENT AGENCY REGARDING THE PALO ALTO LANDFILL REoUEST This report is informational only and requires no action by Council. This report provides information on actions to bc taken by the County of Santa Clara Environmental Resources Agency, Local Enforcement Agency (LEA) for the California Integrated Waste Management Board, related to a violation of State Minimum Standards at the Palo Alto landfill. BACKGROUND In July 1997, staff advised Council that the Palo Alto Landfill was to be placed on the Inventory of Solid Waste Facilities Which Violate State Minimum Standards, due to the presence of methane gas in monitoring probes.adjacent to the landfill (CMR:321:97). The LEA has now advised staff that the City will be required to sign a Stipulated Notice and Order (SN&O). The SN&O will commit the City to a time line for submittal of a correction plan to the LEA. The correction plan will include a schedule and actions to be taken to correct the State Minimum Standards violation. A draft copy of the SN&O is attached. Staffwill meet with the LEA to discuss mutually acceptable modifications to the SN&O, including negotiating for additional time to meet the conditions contained in the SN&O. The LEA will then finalize the document and return, it to the City for signature. ACTIONS TO BE TAKEN A Request for Proposals has been issued for consultant services to analyze and recommend actions for correction of the violation. The scope of work includes the preparation of a corrective action plan_that will satisfy the requirements contained in the SN&O. Request for approval of the consultant agreement is scheduled for the September 8, 1997 Council meeting. ATTACHMENT~~S July 24, 1997 Draft Stipulated Notice and Order CMR:363:97 Page 1 of 2 PREPARED BY: Chad Centola, Manager, Environmental Control Programs DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL" GLENN ROBERTS Director’ of Public Works EMILY HARRISON Assistant City Manager CMR:363:97 Page 2 of 2 County of Santa Clara July 24, 1997 Mr, Gim S. Roberts Director of Public Works City of~aJo Alto P.O. Box 10250 Palo Alto, CA 94303 ISSUI]~G AGENCY: Santa Clara CounW Department of Environmental Health Lo~al Enforcement Agency STIPULATED NOTICE AND ORDER ~ity of Palo Aim Refuse Dbposal Site 2380 ]~mbareadero Road, ]Polo Alto Solid Waste Facilities Permit No. 43-AM-0001 Dear Mr.’Robert: PLEASE TAK~ NOT~[CE that the fqllowing oondition has been found 1o exist with regexd to the above referenced facility: ’ Concentrations of methane gas,exceed the lower explosive limit of methane at ~he facility propeffy b~undary, ~w~ explosive limJl m~ns ~e 1o~ p~c~t by volume ofa m~re of explosive ~ses in ~r that will pmpa~te a time a~ 25 degr~ Celsius ~d a~ospheric pressure. R~vi~v of test data for gas monhoring probe #MW3, fi~m the city of Palo Afro’s g~ monitoring repot1, ~ed ~unv i 7, 1997, and g~ ~est re,dings ~k~ on May 6, 1997 by Hil~ of the C~iifomia Intoned W~te M~agmem Board, reveal~ 76% and 71% m~e by vol~e in air respectively. B~ zeadin~ exceed the lower explosive limit. This ~epr~sen~ a violation of the California Code of Re, lotions (CCR), Title 27, Section 20919.5. Therefore, YOU ARE HEREBY ORDERED: To submit a eorre~on plan for ~he vorre~tion of this violation and thereby =omply ,~ith ..he requiremen~ of CCR, Tide 27, Se~on 20919.5. T~’e Partie~ Agree that*he City of Polo Alto shall ~bmit, withLq 7S working days of~he signing of this agreement, a correcd~m plan, a~eeptable to the Santa C|a~ County Depa~ment o~ Environmental Health 0)epat~ment), for the corrosion of~he gas violation st the north west boundary of the C[ty of Polo Alto Refu$1~ Disposal Site. The ¢on~e~ion plan shall include date~ for ~artlng and r~mpleting work required for correction ofthe violation. The approved correction plan shall become p~xt of~his agreemem. The Department agrees not m pursue ~(X inn~ ~.xCCUIIvu: Ri¢-I’~:~l ~llenber~ fu~he~ enforceraent action for this violation if the onditions of~he accept.~i correction pl~ are PLEASE TAX.E ~rRTH_ER NOTIL-~ THAT if these agr~d stipulations ar~ no~ met the S~ta Clara County Local Enforcemem Agency may: Pursuant to 30 Public Resources Code Section 45025 petition the superior court for injunctive relief to enforce this ord~" and. for civil p~nalti~s in the amount of $l 0,000 per day for each violation; Owner/Operator: City of P~lo Alto Refuse Disposal Sil~ City of Palo Alto Palo Alto, California Local ~nforcement Agency: Santa Clara County Departrmmt of En~,ironmental Lee Esquibel, D~rect0r Santa Clar~, County Department of Environmemal Health Local Enfor~eroent Agency If you have any questiOnS regarding this matter please conact ~e at (~108) 299-6930. Sincerely, Jim ~O~Z, ILE.H.S. Office of Solid Waste Enforcement Hazardous Materials Compliance DivMon :RWQCB BAAQMD DTSC .CIWMB DEC~TIO~ OF FInDINgS City of Palo Alto Refttse Dkposal Site SWI~P 43-AM-0001 Jim Tokarz Environmental Health Sp¢oialist Offloe of Solid Wast~ Enforcement Haz~lous Mat~s Compli~ce Division Dated: TOTI:II_ P. 0:3