Consideration Of The Aggregate Recycling Systems Illegal Disposal Site For The Solid Waste Disposal

and Codisposal Site Cleanup Program and Augmentation For The Environmental Services Contract For Landfill And Disposal Site Remediation

(IWM03015B)

CIWMB Meeting Agenda Item 10

June 15-16, 2004

Site Description

Item 10, June 15-16 2004 CIWMB Meeting

• Aggregate Recycling Systems Inc. (ARS); “La Montaña”; 6208 S. Alameda St., City of Huntington Park.

• 5.5 acre site between Alameda Corridor Railroad and residential neighborhood along Cottage St.; Community has high percentage of minority and low-income residents.

• Updated Survey: 84,000 cubic yard piles of Type A inert debris (concrete/soil); up to 35 feet height; 40% processed to recycled aggregate base.

• Priority A1 site based on confirmed nuisance/pollution from dust, potential contaminants, and visual impacts.

Aggregate Recycling Systems (ARS) “La Montaña”Unprocessed Material

Aggregate Recycling Systems (ARS) “La Montaña”Processed Material

ARS/“La Montaña” Site Chronology

Item 10, June 15-16 2004 CIWMB Meeting

• Nov 93 Conditional Use Permit (CUP) issued by City to operator (ARS) for concrete and asphalt recycling.

• Nov 94 Northridge earthquake; debris accumulates at site.

• Mar 97 City issues Order of Abatement; operations cease.

• Feb 99 ARS files bankruptcy.

• Jan 01 Stipulated Judgment reflecting cleanup agreement between City and property owner.

• Apr 03 Required completion of cleanup (failure to comply).

• Aug 03 CIWMB Phase I C&D Regulations effective.

• Dec 03 LEA required unprocessed material be removed or processed by 3/04 (failure to comply).

• Apr 04 LEA Notice and Order issued.

Status of Enforcement

Item 10, June 15-16 2004 CIWMB Meeting

• LEA Notice & Order advises property owner:

1. Failure to comply (remove or process unprocessed material by 6/20/04) may result in CIWMB expending funds for cleanup of site and cost recovery.

2. Cleanup of processed material by CIWMB conditioned upon court order in accordance w/ Stipulated Judgment.

• CIWMB staff coordinating with City on their court action that would establish CIWMB site access for cleanup and authority to remove processed material. Court date- 7/13/04.

• CIWMB-managed cleanup would be conditional on failure to comply with Notice and Order and the additional access and cleanup authority. CIWMB cost recovery would apply.

Community Involvement and Concerns

Item 10, June 15-16 2004 CIWMB Meeting

• Public meetings related to this item conducted June 7 (City Council) and June 10 (CBE); additional public meetings coordinated by City and/or CBE would be conducted if requested.

• Any CIWMB-managed cleanup would be limited by existing requirements of current removal plan approved under court order. Recommended cleanup option would established additional more stringent controls than current plan. CEQA Notice of Exemption (NOE) would be filed by CIWMB staff.

• Additional concerns and recommendations regarding dust and transportation impacts of removal plan would be addressed beyond current removal plan and reflected in encroachment permit

ARS/“La Montaña” Cleanup Option 1

• Approve CIWMB-managed cleanup project with cost recovery and contract augmentation (IWM03015B $1,000,000) to remove all processed and unprocessed material; haul to inert recycling facilities to the extent practicable (no onsite processing).

• Preliminary cost estimate $1.6M-$4.8M (landfill vs. no tipping fee). Estimate to be refined based on quantity survey and lowest cost destination facility price quotes to be obtained by contractor.

• Preliminary Project Timelines:      June 21 Verify Notice and Order failure to comply/file NOE21 days (7/12) Contractor Walk Through/Price Quotes22 days (7/13) City Court Date 35 days (7/26) NOE Period Complete; Start contractor mobilization128 days (10/25) Completion of Project

Item 10, June 15-16 2004 CIWMB Meeting

Other Options

2. Approve CIWMB-managed cleanup project with cost recovery and contract augmentation (IWM03015B $1,000,000) to remove unprocessed material to inert debris recycling facilities to the extent practicable, leave processed material in place.

3. Approve a CIWMB-managed site cleanup project to process remaining material onsite, then sell or competitively bid the material for use as aggregate in local construction projects.

4. Recommend a public entity apply for an illegal disposal site cleanup grant under the Program to remediate and/or further stabilize the site.

5. Modify staff’s options 1-4.

6. Direct staff to further investigate potential cleanup options and bring back options for future consideration.

7. Deny any Program funding for the project.

Item 10, June 15-16 2004 CIWMB Meeting

Solid Waste Cleanup Trust Fund and Contract Status

Status of Cleanup Contract IWM03015A (Guinn):

Initial AllocationRiver Ranch IDS (in progress)Billingsley IDS (not started)Total Available for New Projects:

$1,500,000($1,390,000)

($110,000)$0

Status of Cleanup Contract IWM03015B (Diani):

Sonoma Development Center (not started)National City (not started)Initial AllocationRecommended augmentation (this Item)Total Available to start ARS Cleanup:

$750,000$750,000

$1,500,000$1,000,000$2,500,000

Unencumbered Balance (available for new grants, loans, contracts/augmentations)Anticipated FY 2004/2005 Appropriation

$2,770,103$5,000,000

Item 10, June 15-16 2004 CIWMB Meeting

Item 10 Conclusion and Staff Recommendation

• Staff conclude proposed Board-managed project Option 1 meets applicable Solid Waste Cleanup Program criteria and requirements.

• Staff recommend the Board approve Option 1 (Resolution 2004-169) for cleanup of the ARS site and Resolution 2004-186 to augment Cleanup Contract IWM03015B.

Item 10, June 15-16 2004 CIWMB Meeting