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HomeMy WebLinkAboutCC Resolution 8192 (Leaking Underground Storage Tanks MOU)RESOLUTION NO. 8192 A RESOLUTION AUTHORIZING THE FIRE CHIEF TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE SAN FRANCISCO REGIONAL WATER QUALITY CONTROL BOARD FOR MANAGEMENT OF LEAKING UNDERGROUND STORAGE TANKS RESOLVED, that the City Council of the City of San Rafael does hereby authorize Fire Chief Robert E. Marcucci to sign a Memorandum of Understanding with the San Francisco Regional Water Quality Control Board for management of Leaking Underground Storage Tanks, copy of which is attached and by reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City, held on MONDAY , the 18th day of JUNE , 1990, by the following vote, to wit: AYES: COUNCILMEMBER S: Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan NOES: COUNCILMEMBER S: None ABSENT: COUNCILMEMBER S: None JE4XM. LEONCINI� City Clerk 1Ca MEMORANDUM OF UNDERSTANDING LEAKING UNDERGROUND STORAGE TANK PROGRAM CITY OF SAN RAFAEL Recent legislation established a local permit program for California consisting of monitoring requirements for existing USTs storing hazardous substances and design/ construction and monitoring requirements for new USTs. The work performed by these local agencies has led to the identification of leaking USTs which require investigation and/or remedial action. Statutory authority exists at the federal, state and local level to require investigations and/or remedial action by the Responsible Party (RP) at UST release sites. The Regional Board acknowledges and appreciates the assistance of the City of San Rafael Fire Department (SRFD) in identifying and supervising the investigation and remediation of UST sites within it's jurisdiction. The Regional Board considers SRFD the Local Implementing Agency (LIA) for UST in the City of San Rafael. SRFD's Local Implementing Agency status is pursuant to County of Marin and City of San Rafael UST ordinances. WORK TO BE PERFORMED The LIA shall be responsible for overseeing the planning, scheduling and performance of the work as set forth herein, for maintenance of site-specific records, and for preparation of reports. The LIA shall consider methods set forth in the Tri - Regional Staff Recommendations (attachment 1) and conform to all applicable rules and regulations when performing or requiring investigation and remedial work under this MOU. The LIA shall identify the Responsible Party or conduct an investigation, if necessary, to make such identification. If an RP search is needed it shall include a review of land title records at the County Recorder's office to identify the last assessee of record. The LIA shall report to the Regional Board whenever it determines that a release site falls into one of the following categories: 1. Insolvent Responsible Party. 2. No identifiable Responsible Party. 3. Responsible Party refuses to take appropriate action to remedy the site. il COP A PRELIMINARY SITE ASSESSMENT The LIA shall oversee performance of a preliminary site assessment at confirmed UST release sites. The purpose of the preliminary assessment is to determine the extent of existing soil contamination and whether groundwater has been affected. Soil samples shall be obtained to assess the vertical and lateral extent of pollutants in the soil. A preliminary site assessment should include overseeing the following work: 1. Visual inspection of the excavation pit; 2. Excavation and disposal or on-site treatment of contaminated backfill and contaminated native soils; 3. Removal of any pollutants floating on groundwater discovered during tank removal and soil excavation; 4. Drilling of borings or groundwater monitoring wells as necessary. During preliminary site assessment, the LIA shall follow procedures established by the Regional Board to verify and document information submitted by the Discharger. Based on data collected and analyzed during the preliminary site assessment, the LIA with consultation from the Regional Board, as necessary, shall make a determination as to whether: 1. The UST site has been adequately cleaned up by the Responsible Party through initial removal or remedial actions carried out during the preliminary site assessment. 2. The site poses a minor threat to water cruality and can be monitored rather than requiring remedial actions. 3. The UST site requires more extensive investigation and/or cleanup action. Upon making this determination, the LIA shall take one of the following actions: 1. If the site has been satisfactorily abated, the LIA shall certify that fact and provide the Regional Board with documentation to that effect. iJ 2. If pollution is to be left in-place, levels of pollutants must be acceptable to staff of the Regional Board, and the LIA will establish a monitoring schedule. 3. If interim remediation is warranted, the LIA shall provide the RP with interim remediation oversight. 4. If additional site investigation and cleanup is indicated, the LIA shall inform the RP and RWQCB and proceed with site remediation oversight. OVERSEE REMEDIAL INVESTIGATION, REVIEW FEASIBILITY STUDY, AND APPROVE CORRECTIVE ACTION PLAN The LIA shall oversee an investigation of the site to either confirm or contest the RP's determination of the hydrogeological characteristics of the site; the lateral and vertical extent of soil and/or water pollution; the sensitivity of the site, and potential threat of adverse water quality impacts. In cases affecting groundwater, monitoring wells shall be properly installed and used to obtain samples to: 1. Detect any free product; 2. Define the plume of free product and dissolved constituents; 3. Monitor concentrations of pollutants dissolved in water. In cases where groundwater is impacted the RP should be directed by the LIA to determine: a. distance to nearest surface water, b. depth to groundwater, c. direction and rate of groundwater flow, d. the composition and characteristics of the subsurface soils, e. the current and potential beneficial uses of underlying and contiguous surface and groundwater, under the Board's Sources of Drinking Water Policy. f. a survey of other domestic public and private wells and other potential vertical conduits within 1/4 mile radius of the site. The LIA shall oversee the preparation of a feasibility study report which identifies and evaluates feasible alternative for cleaning 3 up the site. Cleanup options may include but are not limited to the following: 1. Excavation of polluted soils; 2. Leave soil pollutants in place; 3. Enhanced in-situ soil bio -degradation; 4. Soil venting; 5. Free product removal; 6. Pump and treat technologies for groundwater pollution such as air stripping and granulated activated carbon filtration; In addition to the above cleanup options, the feasibility and necessity of the following actions should be addressed at an early stage: 1. Well head treatment or treatment at individual water supply hookup; 2. Replacement or relocation of water supply; The LIA shall oversee the preparation of, and approval of, a corrective action plan that identifies the selected remedial action alternative, and establishes an implementation schedule with the details for implementation. The LIA should approve the corrective action plan after ensuring that implementation of the proposed cleanup will adequately contain or cleanup pollutants and after consultation with the Regional Board staff. The LIA shall oversee implementation of the corrective action plan. The LIA shall establish or approve a schedule for the Responsible Party to monitor, evaluate, and report the results of implementing the cleanup, and ensure that copies are sent to the Regional Board. The LIA shall oversee periodic groundwater, post cleanup verification, or other monitoring of the site, as necessary, following remedial action (e.g., dissolved product left in place). The LIA shall conduct periodic site inspections and document all observation on the implementation of the investigation and cleanup. ENFORCEMENT ASSISTANCE AND REQUEST FOR CASE CLOSURES When the LIA has determined that a RP is recalcitrant in respect to investigation and/or remediation of site contamination, the LIA shall submit a formal request for enforcement assistance from the Regional Board. The request shall consist of a cover letter, 4 chronology of site history, and the LIA's evaluation of the site. Regional Board staff shall review the request for enforcement assistance and take appropriate actions. The LIA shall use either Table 3 "Case 2 Type Closures" and Case #2 conditions listed on page 9 of the Tri -Regional Staff Recommendation or "Recommended Format for Case Closure Referrals to RWQCB for Site Cleanup Certification" as appropriate when evaluating closure request from the RP. When the LIA has determined that a case closure is appropriate the LIA shall provide a closure request memorandum to the Regional Board with a recommendation for approval. TECHNICAL GUIDANCE AND TRAINING When requested by the LIA the Regional Board staff shall provide technical guidance where appropriate. Request for technical assistance may be written or verbal. Coordination/training meetings shall be set on a monthly basis. Additionally specialized training shall also be provided where appropriate. The LIA shall submit to Regional Board staff periodic written assessments of training needs. REPORTS The LIA shall submit a regular, Semiannual Progress Reports to the Regional Board describing activities undertaken, accomplishment of milestones and any problems encountered in the performance of the work under this MOU. Semiannual Progress Reports shall also include status information on sites. Site specific information is to include: site location and case history, results of site investigations, enforcement actions taken, and corrective actions taken. The LIA shall maintain a site activity/status tracking comparable to the tracking system used by the Regional Board. The LIA shall provide the Regional Board with a copies of all notices, inspection reports, enforcement letters and any other relevant documentation. The LIA shall notify and recommend to the Regional Board when, in the judgement of the LIA, cleanup is complete. 5 This Memorandum of Understanding entered into this 18th day of June 1990 in the State of California by and between the San Francisco Regional Water Quality Control Board and the City of San Rafael by their respective duly elected or appointed officers. P Robert E. Marcucci Fire Chief City of San Rafael Steven R. Ritchie Executive Officer