Item 25 - Status Update of Rattlesnake Creek Contamination
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-( MEMORANDUM
CITY OF POW A Y
TO: James L. Bowersox City Manager
Mark A. sanchez,~irector of Safety Services
FROM:
INITIATED BY: Garry L. MacPherson Fire Battalion Chief
DATE: March 23, 1993
SUBJECT: STATUS UPDATE OF RATTLESNAKE CREEK CONTAMINATION
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On March 17, 1993, the California Regional Water Quality Control
Board (San Diego Region) held a regularly scheduled meeting at the
Rancho California Water District in Temecula. On the agenda was a
discussion as to whether the board would authorize the initiation
of remediation activities and to provide staff direction for
future phases of the cleanup project.
After hearing testimony by Mr. David Barker of the Regional Water
Quali ty Control Board (RWQCB) , Mr. Chuck pryatel of San Diego
- Hazardou Material Management Division (HMMD) and Garry MacPherson
of the C'ty of poway, the Board chose a position contrary to staff
recommen ation. This position identified HMMD as the Lead Imple-
menting gency (LIA) and the Agency to act as the broker for the
first $85,000 to initiate the emergency clean-up. In addition,
the Boar recommended that HMMD pursue the long-term site clean-up
with an additional $915,000 provided by the State's Emergency,
Abandon d and Recalcitrant (EAR) fund. This funding would be
transfer ed to HMMD after the site was successfully placed on the
state bo rd's list of sites. The attached resolution provides for
this tra saction to occur.
Since t is meeting, County staff of HMMD has been working on a
contrac to have a third party clean-up company initiate the
emergenc portion of the site clean-up. We were recently informed
by the staff of HMMD that the General Services Department of the
County f San Diego would require that a Request for Proposal
(RFP) e prepared and at least six bids be submitted.
Neverth less, we have been assured that this process will be
expedite . Unfortunately, there appears to be a provision in the
contract between HMMD and the RWQCB which would allow the County
(HMMD) o notify the Regional Board in writing when it wishes to
refer the lead status for a case to the Regional Board.
Therefor , what could result is that the County and the RWQCB both
may be unwilling to assume the lead role.
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March 23, 1993
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Despite these provisions, we have been advised by Mr. pryatel of
HMMD that he is proceeding with a staff report which should be
docketed on March 30, 1993 to be presented before the County Board
of Supervisors. This report allegedly recommends that the County
initiate the emergency portion of the clean-up ($85,000). The
conditions associated with the long-term site clean-up are yet to
be determined.
In conclusion, the current situation appears to be an unusual one
whereby money, up to one million dollars, is available to address
this issue. However, no government agency has been
unconditionally willing to assume the lead role. As has been our
position all along, if this problem is not resolved prior to the
approaching dryer summer months, the condition of the creek will
likely become flammable once again.
Attachment: A. Resolution 93-42 of the California Regional
Water Quality Control Board
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CALn'ORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIZ~ Uc;ION
RESOLUTION NO. 93-42
\ A USOLOTION NOMINATING THE QUIlt CUlt GAS FACILITY IN
POWAY, CA1oUOMIA FOR INCLUSION ON TD STATZ WATZR.QSOURCES
CONT~OL BOARD'S ry 1993-94 OR ry 1994-95
ABANDONED AND UCALCI'1'lWfT SITE rUNtlING LIST
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Wber..., tbe Petroleum underground Storage Tank (UST) Fund (FUND)
Program has been est&bliahed to provide tunding to Regional Water
Quality Control Boards and Local UST Aqencie. for takinq
corrective action at emerqency petroleum UST 11tes or petroleum
-. UST aites where the responsible party ia either unable or
unwillinq to implement the required corrective action to protect ,
pUblic health, lafety and the environment.
Wber..., the County of SaniDiego, Hazardous Materials Management
Division '(HMMD) is the local agency in San Diego,. County
responsible for management and enforcement of the State
Underground Storage Tanks Program.
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Wber..., a release of diesel and gasoline tuel. from an
underground Itorage tank sy.tem located at the Quik Chek Ga. -
facility on 13123 Poway Road in Poway to the ground water is
.urfacing and flowinq into Ra~tle.nake Creek. The lurfacing fuel
." plume is cauainq pollution and nuisance conditions in the creek.
The County of San Dieqo HMHD i..ued a final Corrective Action
Order to the owner of the site Mr. lugene Chandler, the owner of
the Quik Chek Ga. facility, on November 25, 1992. Mr. Chandler has
reported to the County of San Diego BMMD and Regional Board staff
that he does not have sufficient funds to abate the discharge.
Wbarea., the City of !Oway and the County of San Diego, HMMD -
believe that p\1bl1c health is threatened by .tle"""ahle condition.!,_
which periodical~y e~~st in the creek bed .s a.relult of the fuel
discharge. These agencies also believe that tbe health of perlona
\1linq a nearby community par~ is threatened becaule;of the
potential for contact with the fuel contaminated water in the
creek. In addition there are persons working in buildings that
are located adjacent to the creek who are complaining of petroleum
- hydrocarbon odors.
Wba~..., in December, 1992 Regional Boarer staff requested, on
behalf of the County BMMD, that the State wat.r Re.ource. Control
Board (State Board) allocate $85,000 in emergency monies from the
fUND for an interim remedial action at the Quik Chek Gas facility
aite. The emergency monies were to be used to fund a three to .
six month remediation effort inVOlving intercepting free product
fuel floating on the ground water surface, thus terminating the
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Resolution No. 93-42 -....
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discharge to the creek. The interim remedial action project would
also involve disposing of some limited amounts of contaminated
10il.
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Kb.~..., on December 23, 1992 the State Board allocated $85,GOO
in emergency tunds for the interim remedial action to the Regional
-. ...' Board for implementation of an emergency interim remediation
project by the County Of San Diego.
Whe~e.., it is evident that complete cleanup of the soil and
ground water contamination at the aite will involve a long
remediation process and that tunds well in excess of the $85,000
in emergency funds will be needed. An initial estimate of the
cost of complete cleanup of ground water and soil cont~natlon at
the site is $915,000. Additional information on the total and
annual amount of funding necessary may be obtained from the
interim remedial action project. ". ...
Where.., additional informatioa addressing the site specific
criteria described in the "Funding Criteria" section of the State
Board's administrative procedures tor the FUND is contained in a
Regional Board memorandum dated January 13, 1993. A copy of this
memorandum will be sent with this resolution to the State Board.
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Wbere.., the County of San Diego HMHC is tent.tively exploring
the option Qf contracting with a qualified consultant using monies
from the FUND to initiate remediation for the complete cleanup of
the .ite. The County of San Diego HHHD may pursue this option in .
the event that the interim remediation project fails to
permanently abate the e~rfacing discharge of fuel prOduct into
Rattlesnake Creek.
ROW !BKRIroal .. IT aBSOLVZD that this Regional Board requests
the S~ate Board to place the Quik Chek Gas facility site on the
FOND list for ,funding inFY 1993-94 (or .FY 19l4-95 if funding .in
FY 1993-94 is not possible) in accordance with the following
criteria: -
Site Owner: Mr. Eugene Chandler
Site Name: Quik ~ek Ga. Facility
Site Address 13123 poway Road, Poway, California 92064
Fund Mount: $915,000 ( an initial estimate for complete
cleanup of the lite)
Funds Allocated to: County of San Diego, Hazardous Materials ..-
Management Division
AKD BI If FDa!KIa IZIOLVKD that the Executive Officer may
provide additional information to the State Board to further
refine the estimated annual cost for complete cleanup of the site
as it becomes available.
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Resolution No. 93-42 3
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I, Artllur L. Coe, SxeeutJ.ve O~~J.e.r, do here~y cert1fy the -
~oregojng 1. a full, true, and correct copy o~ a Resolut1on
adopted by tile Ca11fornia Regional Water Quality Control Board,
San DJ.ego RegJ.on, on Harell 15, 1993.
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Arthur L. Coe
Executive Ofticer
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