HomeMy WebLinkAbout12.09.20 Additional State Water Board Order to Submit Technical Documents
From:Schmidt, Dennis
To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Lambert, Steve;Lucero, Debra;
McCracken, Shari;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen;
Teeter, Doug
Cc:Hatcher, Casey;Alpert, Bruce;Pickett, Andy
Subject:Additional State Water Board Order to Submit Technical Documents
Date:Wednesday, December 9, 2020 11:10:09 AM
Attachments:11.18.20 SIGNED ES Neal Road Landfill 13267.pdf
Good morning,
th
Please find attached an order issued by the State Water Resources Control Board on November 18,
2020, requiring Butte County Public Works to submit Technical Reports pertaining to Discharges
from the Neal Road Recycling and Waste Facility. This order is a result of the off-site leachate
discharge that occurred in early 2019.
Public Works staff are working with County Council’s office to retain the consultants necessary to
produce the required Work Plan and Investigation Final Report, in cooperation with the State Water
Quality Control Board.
Dennis J. Schmidt
Director of Public Works
Do the right thing, the right way, at the right time
Butte County Department of Public Works
7 County Center Drive, Oroville, CA 95965
(
dschmidt@buttecounty.net
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State Water Resources Control Board
State Water Resources Control Board
Office of Enforcement
Water Code Section 13267
Investigative Order WQ 2020-0036-EXEC
Directing Butte County Department of Public Works
To Submit Technical Reports
Pertaining to Discharges from the Neal Road Recycling and Waste Facility
Butte County
The State Water Resources Control Board, Office of Enforcement (State Water Board)
finds that:
1. Butte County Department of Public Works (Discharger) owns and operates the Neal
Road Recycling and Waste Facility located at 1023 Neal Road, Chico, California in
Butte County (Site). In early 2019, the Site was comprised of five Class III waste
management units (or Modules), two Class II surface impoundments (one for
leachate and one for septage waste), and two permanent and three temporary
1
unlined storm water sedimentation basins, encompassing 229 acres. The Site
undergoes occasional changes in configuration resulting from changes in waste and
liquid management operations; however, the size of the facility and general waste
management unit configuration has remained materially similar in recent years.
2. The Site was regulated under Waste Discharge Requirements for Butte County Neal
Road Class III Municipal Solid Waste Landfill and Class II Surface Impoundments
(WDR) Order R5-2011-0049 issued by the Central Valley Regional Water Quality
Control Board (Central Valley Water Board) in 2019. The WDRs were amended on
April 16, 2020.
3. The Site is regulated under the State Water Resources Control National
Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water
Discharges Associated with Industrial Activities Order No. 2014-0057-DWQ, NPDES
No. CAS000001 (Industrial General Permit) under Waste Identification Number
5R04I000249.
1
This represents the Site at the time of discharge based on First Quarter 2019 Monitoring Report
dated April 30, 2019. The Site currently consists of five Class III modules, one Class II surface
impoundment for leachate, and four storm water sedimentation basins (one lined and three unlined)
based on the First Quarter 2020 Monitoring Report dated April 30, 2020. The septage pond was
clean closed and the final report of closure submitted to the Regional Board on October 18, 2019.
Butte County DPW - 2 - November 18, 2020
4. Storm water from the Site discharges into a primary sedimentation basin which is
also a wetland preserve protected by a Perpetual Conservation Easement Grant
(Conservation Easement) dated September 24, 2007. The Conservation Easement
is held by California Open Lands, a non-profit land trust organization corporation,
-0051757.
For purposes of thisWater Code section 13267 Investigative Order (Investigative
Order), the primary sedimentation basin is referred to as the wetland preserve.
5. Storm water is designed tooverflow from the wetland preserve into an unnamed
tributary to Hamlin Slough, then into Hamlin Slough, which is a tributary to Butte
Creek, which is a tributary to the Sacramento River, a water of the state and United
States.
6. The Revised Water Quality Protection Standard Report (WQPS) dated July 25,
2017, prepared by SCS Engineers for the Discharger,
water monitoring program. The surface water monitoring network consists of points
2
SW-1 and SW-2, where SW-2 represents the quality of surface water that has not
been affected by the landfill operations (also known as background conditions) and
SW-1 is the point of compliance where storm water leaves the site. SW-1 is located
at the outfall of the wetland preserve.
7. The Industrial Activities Stormwater Pollution Prevention Plan (SWPPP) dated
3
June 24, 2015, prepared by Holdrege & Kull for the Discharger, states that there is
one discharge location (SW-1) at the outfall from the wetland preserve where storm
water is discharged from the Site. The Site also has one run-on location (SW-2) that
is sampled concurrently to assess impacts to water quality from the adjacent
property.
8. On March 6, 2019, the Discharger called the Central Valley Water Board to notify
staff of leachate seeping out of Module 4, followed by the Module 4 Seep Notification
letter dated March 13, 2019. The notification letter indicated that Butte County staff
observed leachate seeps from Module 4 entering temporary storm water basin 4
(Basin 4) on February 14, February 26, and March 6, 2019. The water in Basin 4
was pumped into an unlined ditch that drained to the wetland preserve on February
14 and February 27, 2019.
9. On June 25 and July 23, 2019, Central Valley Water Board staff received complaints
stating that illegal discharges into the wetland preserve had occurred in February
2019. On August 21, 2019, Central Valley Water Board staff issued a Notice of
Violation that identified violations of WDRs Order R5-2011-0049 including the
2
Former monitoring locations included SW-3, SW-4, SW-5, and SW-6, which are no longer
considered points of compliance because surface water drainage has been diverted onsite and
towards the wetland preserve. Note that per the First Quarter Monitoring Report dated April 30,
2019, SW-3 was added to the surface water monitoring point network in late November 2018 after a
post Camp Fire storm event produced significant run-on from the land parcel immediately south of
the site.
3
The June 24, 2015 SWPPP was in place at the time of discharge. The SWPPP was updated by
Fujii Civil Engineering on September 30, 2019
Butte County DPW - 3 - November 18, 2020
unauthorized discharge of leachate into the wetland preserve on February 14, 26,
and 27, 2019.
10. The First Quarter 2019 Monitoring Report dated April 30, 2019, (Monitoring Report)
showed that Butte County representatives collected water samples from SW-1 and
SW-2 on February 14 and February 26, 2019.
a. In the SW-1 samples, acetone, methyl ethyl ketone, tetrahydrafuran, ethanol, Bis
(2-ethylhexyl) phthalate, dimethyl phthalate, and phenols were detected. These
volatile and semi-volatile organic compounds are not naturally occurring and
were either not detected in background samples or at levels elevated above
background values.
b. Present above background levels in SW-1 on both days sodium and bicarbonate
alkalinity. Also, present above background levels on February 14, 2019, were
turbidity and total organic carbon.
11. The presence of these constituents that are not naturally occurring and/or above
background levels indicates that storm water exiting the Site at SW-1 was
contaminated with leachate.
The Monitoring Report also included analytical results from samples collected from
the Module 4 leachate seep area, the unlined ditch from Basin 4 to the wetland
preserve, and from Basin 4 on February 19 and 28, 2019. Similar to the SW-1
overflow samples, acetone, methyl ethyl ketone, ethanol, dimethyl phthalate, and
phenol were present in more than one sample collected from the Module 4 leachate
seep area and Basin 4 on both days indicating leachate impacted the storm water.
12. The Monitoring Report described two or more qualifying volatile organic compounds
that exceeded their method detection limits in the samples. Using the method in
WDRs Order R5-2011-0049, Detection Monitoring Specifications H.21 and H.22, the
data in the Monitoring Report verifies there was
that the leachate released from Module 4 discharged to the wetland preserve and
adjacent unnamed tributary offsite.
13. This release of leachate waste from Module 4 violates WDRs Order R5-2011-0049.
Specifically, Discharge Specifications B.2 requires that wastes shall remain within
the designated disposal area at all times. Prohibition A.2 prohibits the discharge of
wastes outside of a Unit or portions of a Unit specifically designed for their
containment.
14. The Industrial General Permit, Section III, Discharge Prohibitions B and C prohibit
the discharge of materials other than storm water or authorized non-storm water
discharges either directly or indirectly to waters of theUnited States. Leachate is a
waste and not an authorized non-storm water discharge. Since the surface water
monitoring point is located at the outfall of the wetland preserve, the presence of
storm water with waste constituents at SW-1 verifies that there was an unauthorized
Butte County DPW - 4 - November 18, 2020
discharge of leachate to the wetland preserve and adjacent unnamed tributary
offsite.
Legal and Regulatory Authority
15. Water Code section 13267, subdivision (a), provides that the Regional Water Board
may investigate the quality of any waters of the state within its region in connection
with reviewing waste discharge requirements. Water Code section 13267,
subdivision (b), provides that the Regional Water Board, in conducting an
investigation, may require a discharger to furnish, under penalty of perjury, technical
or monitoring program reports. Water Code section 13267, subdivision (f), grants
the State Board the authority granted to the Regional Water Board in section 13267.
To date, the nature and extent of the leachate contamination and the impacts it may
have had on the plants and wildlife within the wetland preserve and offsite tributaries
has not been evaluated. As such, this Investigative Order requires the Discharger to
prepare reports that investigate the nature and extent of the leachate contamination,
assess the impacts that the leachate had on plants and wildlife, and propose
cleanup and abatement or other actions or mitigations for the wetland preserve and
off-site tributaries. The reports required by this Order will assist both the Regional
and State Water Boards in determining whether the Discharger needs to take action
to cleanup and abate the waste discharged, or take other actions to protect water
quality and the beneficial uses of surface waters Sacramento River watershed. Staff
estimate that the costs of providing a work plan and final report will likely fall into a
range from $8,000 to $40,000 with variables including tasks completed in-house
4
verses contracting out. The burden of compiling these reports, including the costs
associated with collecting the information, bear a reasonable relationship to the
benefits that will be obtained from having the necessary information for the Regional
Water Board to properly regulate and monitor the Site and to protect the water
quality in Hamlin Slough, Butte Creek, and the Sacramento River.
THEREFORE, IT IS HEREBY ORDERED that, pursuant to Water Code section 13267, the
Discharger shall provide the following information:
A. Investigation Work Plan for Determining Impacts of the Unauthorized
Discharge of Leachate to Wetland Preserve and Offsite Tributaries
By 60 days from date this order is signed, the Discharger shall submit an
Investigation Work Plan that proposes methods and procedures for the collection
and analysis of all data necessary to assess the nature, lateral and vertical extent,
and potential short-term and long-term impacts of the leachate discharges on public
health, animal and plant communities (including sensitive and/or endangered
species), and on the overall ecosystem within the wetland preserve and offsite
tributaries for the Executive approval. The Investigation Work Plan shall
include, at a minimum, the following:
1. Background section describing purpose and objectives of the investigation.
4
See Memo to File dated October 23, 2020 and Excel spreadsheet dated October 26, 2020.
Butte County DPW - 5 - November 18, 2020
2. A list of constituents of concern used to define the nature and extent of the
leachate discharges that includes constituents associated with evaluating
potential short-term and long-term impacts to human health, vegetation, and
wildlife from the leachate discharges for both a wet and a dry season. At a
minimum, the constituents shall include those identified in the associated
leachate seep results.
3. Soil sample collection strategy that includes locations and depths for obtaining
background and soil conditions, and justification for the number of sampling
locations and sampling depths, within the wetland preserve and offsite tributary
towards Hamlin Slough.
4. Collection strategy for sampling liquid within the wetland preserve and offsite
tributary, if present.
5. Procedures to evaluate contaminant fate and transport and risk, including
contaminant properties such as mobility, toxicity, half-life, and chemical and
biological degradation, and contaminant transport based on soil and surface
water flow properties.
6. Statistical evaluation procedures to be used to evaluate the data (chemical,
biological, vegetation).
7. A list of threatened and endangered species located within the wetland preserve
and downstream to Hamlin Slough.
8. Monitoring and reporting procedures to document observations and sampling
activities to assess vegetation and wildlife impacts.
9. Sampling and analysis plan that describes the sampling collection procedures
and analytical methods that will be used to ensure proper collection and analysis
of soil and liquid samples. This shall also include data quality objectives and
quality assurance procedures.
10. Detailed summary of permits and approvals needed to implement the
Investigation Work Plan including but not limited to California Open Lands
approvals.
Investigation Final Report
Within 180 days of approval of the Investigation Work Plan, the Discharger shall submit an
Investigation Final Report summarizing the activities, analyses, and results of the
investigation and contain a detailed description of the corrective action measures or options
that could be taken to remediate or restore the impacted areas.
Butte County DPW - 6 - November 18, 2020
B. Provisions
1. Use of Registered Professionals: The Discharger shall provide documentation
that each technical report required by this Order was prepared under the
direction of appropriately qualified professionals. In preparing each technical
report required by this Order, any engineering, or geologic evaluations and
judgments must be performed by or under the direction of registered
professionals pursuant to California Business and Professions Code
sections 6735, 7835, and 7835.1. A statement of qualifications and registration
numbers of the responsible lead professional shall be included in the report
submitted by the Discharger. The lead professional shall sign and affix his or her
registration stamp to the report.
2. Qualified Professionals:
promotes proper planning, implementation, and long-term cost-effectiveness of
investigation, and cleanup and abatement activities. Professionals shall be
qualified, licensed where applicable, and competent and proficient in the fields
pertinent to the required activities.
3. Laboratory Qualifications: All analyses shall be conducted at a laboratory
certified to perform such analyses by the
Laboratory Accreditation Program (ELAP).
4. Signatory Requirements: The technical reports required under this
Investigative Order shall be signed and certified by either a principal executive
officer, ranking elected official, or the person with overall responsibility for
environmental matters for Butte County Department of Public Works. Additional
reports submitted in support of the technical report must be signed by the
principal author.
5. Certification Statement: Any report submitted in response to this Order shall
include the following perjury statement:
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for
6. Report submittal:All required data, documents, and reports required under this
Order shall be promptly uploaded to GeoTracker
electronic database and you must notify the Office of Enforcement by email at
stephanie.young@waterboards.ca.gov after each report upload.
Butte County DPW - 7 - November 18, 2020
C. Notifications
1. Enforcement Discretion: The Regional Water Board and the State Water
Board reserve their rights to take any enforcement action authorized by law for
the violations outlined in this Order and/or for violations of the terms and
conditions of this Order.
2. Enforcement Notification: Water Code section 13268, subdivision (a)(1),
provides that any person failing or refusing to furnish technical or monitoring
report information as required by Water Code section 13267(b), or falsifying any
information provided therein, is guilty of a misdemeanor and may be liable civilly
for an administratively imposed liability of up to $1,000 per day for each day
compliance is not achieved with an order issued in accordance with
subdivision 13268(b).
3. California Environmental Quality Act Compliance: The issuance of this Order
is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to title 14 of the California Code of Regulations,
section 15306. The submission of technical information does not constitute a
project with environmental impacts.
4. Appeal Notification: Any person aggrieved by this action of the Regional Water
Board may petition the State Water Board to review the action in accordance
with Water Code section 13320 and California Code of Regulations, title 23,
sections 2050 and following. The State Water Board must receive the petition by
5:00pm, 30 days after the date of this Order, except that if the thirtieth day
following the date of this Order falls on a Saturday, Sunday, or state holiday
(including mandatory furlough days), the petition must be received by the State
Water Board by 5:00pm on the next business day. Copies of the law and
regulations applicable to filing petitions may be found on the Internet at:
https://www.waterboards.ca.gov/public_notices/petitions/water_quality/ or will be
provided upon request.
It is hereby ordered.
___________ November 18, 2020_________
Eileen Sobeck Date
Executive Director
State Water Resources Control Board