STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99 - 102

AUTHORIZING THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO NEGOTIATE, EXECUTE, AND AMEND AS NECESSARY, A CONTRACT WITH KENNEDY/JENKS CONSULTANTS TO ESTABLISH A PERMANENT WATER SUPPLY AND CONDUCT SOIL AND GROUNDWATER REMEDIATION OF GASOLINE CONSTITUENTS FROM AN UNDERGROUND TANK LEAK, GLENNVILLE, KERN COUNTY

WHEREAS:

1. Gasoline containing Methyl Tertiary-Butyl Ether (MTBE) was released from the underground storage tank (UST) at the Glennville Shopping Center, 10675 Highway 155, Glennville, Kern County.

2. Concentrations of benzene, toluene, ethylbenzene, xylenes, TPH-g, and/or MTBE were detected in three monitoring wells, the shopping center well, and numerous domestic wells.

3. The responsible parties, Ralph A. Wilcox III and Jan C. Wilcox, failed to take corrective actions ordered by the Central Valley Regional Water Quality Control Board (CVRWQCB) in Cleanup and Abatement Order No. 97-721.

4. The concentration of MTBE in four water supply wells meets or exceeds the risk level for ingestion and dermal exposure. Due to lack of action by the responsible parties, the CVRWQCB has provided residents at these well locations with interim water supply systems for drinking and domestic use. For the health and safety of the residents, the CVRWQCB has contracted for the regular delivery of potable water to the interim systems. Additionally, residents with domestic wells with concentrations of MTBE in excess of the risk level for ingestion are being provided with bottled water by the CVRWQCB for their health and safety.

5. Significant amounts of petroleum remain in soil and groundwater at the site and are a continuing threat to human health, safety, and the environment. Given the characteristics of MTBE and the hydrogeology in the area, it is impossible to identify the wells that may be impacted in the future or the timing of any future impacts. Public health will continue to be threatened until the community is provided a safe and reliable community drinking water system.

6. A request for a work plan and cost estimate for a permanent drinking water supply and to conduct groundwater/soil assessment and remediation was sent to eight consulting firms with relevant experience and technical competency. Written proposals were reviewed and interviews held by State and Regional Board technical staff. Kennedy/Jenks Consultants was selected because they have the best applicable experience and demonstrated the greatest understanding of the project and issues that could arise.

7. At least two sources of funding will be used to conduct the project to establish a permanent water supply and conduct soil and groundwater remediation. A settlement account managed by the Attorney General's Office will be utilized as well as the Emergency, Abandoned, Recalcitrant (EAR) account. The total amount of the contract for the project should not exceed $1,400,000.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board authorizes the Executive Director or his designee to negotiate, execute, and amend as necessary, a contract with Kennedy/Jenks Consultants to establish a permanent water supply and conduct soil and groundwater remediation at Glennville for an amount not to exceed $1,400,000.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on October 21, 1999.

/s/

Maureen Marché

Administrative Assistant to the Board