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Gun Powder Point Burnsite(AKA Paradise Marsh)

37-CR-0028

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TOPIC OVERVIEW

Local Enforcement Agency (LEA) regulations and inspection at Closed, Inactive and Abandoned (CIA) disposal sites

Current projects at Gun Powder Point Burnsite

What are the next steps

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LOCAL ENFORCEMENT AGENCY

In 1972 Senate Bill 5 created the California Integrated Waste Management Board who developed State Minimum Standards.

In 1976 Assemble Bill 2439 established LEA to enforce State Minimum Standards.

San Diego County was certified by CalRecycle (formally CIWMB) to become the LEA in August 1, 1992.

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REGULATIONS FOR DISPOSAL SITES

California Code of Regulations (CCR)• Title 14• Title 27

Public Resources Code (PRC)

San Diego County Code of Regulatory Ordinance (SDCCRO)

http://www.calrecycle.ca.gov/Laws/Regulations/http://www.amlegal.com/sandiego_county_ca/

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CLOSED, INACTIVE AND ABANDONED

14 CCR 18083 – LEA Duties and Responsibilities for Inspections

27 CCR 20005 - Purpose, Scope and Applicability

27 CCR 21100 – Scope and Applicability

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CLOSED, INACTIVE AND ABANDONED

PRC 44100 – Authority to conduct inspection at CIA.

PRC 44106 – Enforcement of State Minimum Standards at CIA site

SDCCRO 65.107(m)(5) Miscellaneous Dept. Fees

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WRITTEN REPORTS

Inspection ReportsObservations, Areas of Concern and Violations

LEA Written CorrespondencePlan approval, Official Notice, Notice of Violation

Enforcement OrdersNotice and Orders – PRC 45011, 45023

http://www.calrecycle.ca.gov/SWFacilities/Directory/Search.aspx

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DEFINITIONS

Closed, Illegal or Abandoned (CIA) disposal sites

Closed Site - disposal site that has ceased accepting waste and was closed in accordance with applicable statutes, regulations, and local ordinances in effect at the time.

Illegal Site—A disposal site that is not permitted and not exempt from obtaining a permit and is not closed or excluded from the requirement to obtain a solid waste facilities permit.

Abandoned Site—A disposal site where there is no responsible party.

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CLOSED, ILLEGAL AND ABANDONED

February 25, 1993, CalRecycle approved a process called Site Identification Process (SIP).

Investigative procedure to classify sites with respect to public health, safety and environment.

A mechanism to identify sites that warrant no further action, elimination or reduction.

A technical basis to determine appropriate closure, remediation, corrective action and enforcement follow up.

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SITE INVESTIGATION PROCESS (SIP)

Site Identification Process

Site Assessment Data

Classification Code: A, B, C, D, U, X, 1, 2, 3 B - Release or suspected release with threat of nuisance or pollution and

inadequate cover of burn ash.

2 - Located within an environmentally sensitive area.

http://www.calrecycle.ca.gov/SWFacilities/cia/sip/SiteCharact.htm#ID

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CALRECYCLE (FORMALLY CIWMB)

Elimination or Reduction of inspection frequency

CalRecycle Remediation, Closure and Technical Service Branch:• Glenn Young, Senior Waste Mgt Engineer

• Abel Martinez Centeno, Waste Mgt. Engineer

http://www.calrecycle.ca.gov/StaffDirectory/Employee/Listing/

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GUN POWDER POINT

Quarterly Inspections Frequency

Property Owners:

United States Fish & Wildlife Service

San Diego Gas & Electric

California Dept of Transportation

San Diego & Arizona Eastern Railway Co./Metropolitan Transit System

Site is comprised of multiple parcels

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STATE MINIMUM STANDARDS

27 CCR 20530 SITE SECURITYThe site shall be designed to discourageunauthorized access by persons and vehicles byusing perimeter barriers or topographicalconstraints.

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STATE MINIMUM STANDARDS

27 CCR 21140 FINAL COVERThe final cover shall function with minimalmaintenance and provide waste containment toprotect public health and safety.

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STATE MINIMUM STANDARDS

27 CCR 20820 DRAINAGE & EROSION CONTROL

The drainage system shall be designed andmaintained to ensure the integrity of roads,prevent safety hazards and prevent exposure ofwaste.

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STATE MINIMUM STANDARDS

27 CCR 20750 SITE MAINTENANCE Establish a maintenance and monitoring plan tomonitor and correct deteriorated and defectiveconditions.

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STATE MINIMUM STANDARDS

27 CCR 21190 POST CLOSURE LANDUSEAll proposed post closure land uses on closed siteshall be submitted to the LEA for review andapproval if it involves structures within 1000’ ofburied waste, structures on top of waste,modification of final cover or irrigation overwaste.

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EVALUATING BURN SITESPhase I Office Investigation2011 Ninyo & Moore

Phase II Field Investigation.Plan Objectives;

Sampling and Analysis Plan;

Documenting and Reporting; and

Community Health & Safety Plan

Phase III – Remedial Work Scopinghttp://www.calrecycle.ca.gov/SWFacilities/CIA/

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REMEDIATING BURN SITES The four scenarios that will typically be

encountered when remediating burn dumps are:

Minimal action required.

Leave burn ash in place and cap.

Consolidate burn ash on site or on another adjacent parcel that already contains burn ash and cap.

Clean closure of the burn dump site.

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CLEAN CLOSURE

Clean Closure: The removal of all waste residuals and contaminated soil below background levels or clean up levels established by regulatory agencies.

Who evaluates clean closure proposals: LEA, CalRecycle and RWQCB in some cases APCD and/or DTSC.

DEH – Site Assessment and Mitigation VAP.

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CLEAN CLOSURE PROCESS The steps may include, but are not limited to:

Work plan proposal;

Scope and estimate of repair cost for closure improvements ;

The actual clean closure; and

Verification and approval of the clean closure.

http://www.calrecycle.ca.gov/SWFacilities/CIA/Remedial/CleanClosure/default.htm

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SITE CHARACTERIZATION/REMEDIATION Former Landfill and Disposal Site Investigation

(CalRecycle 2010)

Protocol for Burn Dump Site Investigation and Characterization (DTSC 2003)

Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (EPA 2007)

Tools and Services: forms, index, SWIS, links

LEA Advisory 56 & 16 – Clean Closure (CalRecycle)

San Diego County Site Assessment & Mitigation Manual 2004

http://www.calrecycle.ca.gov/SWFacilities/CIA/tools.htm

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SITE EVALUATIONS San Diego Gas & Electric

Sweetwater Marsh Burn Ash Removal Work Plan (OTIE Dec 2010)

Community Health & Safety Plan (OTIE Jan 2011)

Removal Report Sweetwater Marsh (OTIE June 2011)• Area A (178 tons Class I Landfill)

(Exceeded criteria for Cadmium, Copper, lead)

• Area B (8 tons Class III Landfill)

Final determination still pending 2010/11 Quarterly Reports for site visits to evaluate

site conditions and corrective action.

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SITE EVALUATIONSUSFWS

• 2010/11 Quarterly Reports for Post-Closure Maintenance –Outline action to be taken in 3, 6, 12 month intervals

• Sampling & Analysis Plan Ash Deposit 1 and Eroding Burn Ash Along Connector Marsh (Haley & Aldrich 2010)

• Sept 2011 - Sampling & Analysis Report for Ash Deposit 1 and Connector Marsh (Exceeded criteria for Cadmium, Copper, lead).

• FY11 Refuge Clean Up Proposal • Phase 1 - Identify ash deposits at Paradise, Connector, Sweetwater Marsh

and Marsima de Nacion Marsh (80 Acres).

• Phase 2 - Investigation to characterize the nature and extent of waste deposits, evaluate site remediation options or no further action.

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SITE EVALUATIONSMetropolitan Transit System

2011 Quarterly Reports for site security inspections

Preliminary Site Investigation and Characterization (SCS Engineer April 2011):

Burn ash deposits were encountered on both the west and east sides of the railroad tracks between bridges #1 and #3 above and below ground surface.

Sampling & analysis report exceeded criteria (Antimony, cadmium, copper, lead and zinc).

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SITE EVALUATIONSCalifornia Department of Transportation

Site Security

Maintenance Plan

Future Action Plan

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NEXT STEPS Submit all proposed projects to the LEA for review and

approval prior to implementation.

Investigative and final reports shall support conclusion that

all property was adequately evaluated and impacted soils

were removed to established levels.

Establish a written maintenance plan that addresses SMS.

A closed site inspection report has been developed for use to

document site inspections and includes the most common

SMS.

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CLOSED SITE INSPECTION FORM

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NEXT STEPS

Conditions that warrant corrective actions should be

outlined in the inspection reports. If necessary, short and

long-term objectives and time-lines should be identified.

Records for January, February, and March are due May 1,

records for April, May and June are due August 1, records

for July, August and September are due November 1, and

records for October, November and December are due

February 1.

Electronic receipt of LEA inspection reports.

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ELECTRONIC REPORT

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POINTS OF CONTACT

KariLyn Merlos, Supervisor LEA(858) 495-5799

Anthony Torres, Inspector LEA(858) 694-2608

Abel Martinez Centeno, CalRecyle(916) 341-6724

http://www.calrecycle.ca.gov/StaffDirectory/Employee/Listing/LastName/A/Name/ASC

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QUESTIONS

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