SUBJECT

THE SAN FRANCISCO BAY REGIONAL WATER QUALITY CONTROL BOARD REQUESTS FUNDING TO CONTINUE SITE MONITORING AND REVEGETATION ACTIVITIES AT THE GAMBONINI MERCURY MINE IN MARIN COUNTY IN THE AMOUNT OF $402,300 FROM THE STATE WATER POLLUTION CLEANUP AND ABATEMENT ACCOUNT (CAA)

DISCUSSION

This is a request by the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) to extend the Gambonini Mercury Mine Project through December 2004 and add $402,300 in funding.

The Gambonini Mercury Mine is located in western Marin County adjacent to a tributary to Walker Creek, which is a major tributary of Tomales Bay. Residual mercury mining waste and tailing piles covering an area of approximately two acres has discharged large quantities of mercury into these waters.

In April 1993, the SFBRWQCB issued a Cleanup and Abatement Order to the original mining company, Butte Gas and Oil, and the current property owner, Alvin Gambonini. In response to the order, Butte Gas and Oil filed for injunctive relief in Bankruptcy Court based on an earlier discharge of bankruptcy. The SFBRWQCB determined that Mr. Gambonini lacked the financial resources to respond to the problem.

Because the responsible parties lacked resources to deal with the cleanup, the SFBRWQCB requested assistance from the CAA. In December 1993, the State Water Resources Control Board (SWRCB) allocated $569,000 in CAA funds to support a water quality investigation and subsequent remediation work at the mine. The scope of the problem required additional assistance, so the United States Environmental Protection Agency (EPA) became involved in 1998 and took over as the lead agency for cleanup purposes.

By November 1998, the majority of the site stabilization work was completed. From October 1998 to February 1999 contractors completed the first phase of revegetation. This effort appears to have been successful, as the site is now covered in a mixture of grasses and perennial seedlings. The EPA is scheduled to complete its work by October 1999 at a cost of approximately $2,700,000. The SFBRWQCB has spent $538,458 of the existing allocation from the CAA and will soon exhaust the remaining money.

The SFBRWQCB now plans to implement Phase II of the monitoring and revegetation effort. The second phase is necessary to ensure that the primary work already completed will endure. The project has required the development of engineered slopes that are quite steep. Deep-rooted plants are necessary to reduce erosion. The SFBRWQCB will oversee planting of 5,000 native plants the California Department of Forestry is growing at its nursery in Davis. Ongoing monitoring is also necessary to document progress. Phase II will require another five years to complete at a cost to the SFBRWQCB of $402,300. (The attached table summarizes the work plan and budget for the next five years beginning in FY 99/00.)

POLICY ISSUE

Should the SWRCB provide additional funding ($402,300) and a five-year time extension for monitoring and revegetation work at the Gambonini Mercury Mine?

FISCAL IMPACT

As of June 30, 1999, the CAA has an uncommitted balance of $3,563,206. SWRCB policy requires a minimum reserve of $1,000,000 in the CAA for emergencies. A project request for $627,000 has been approved and two others, one for $256,250 and one for $500,000 are pending. If all three projects are approved, the remaining uncommitted balance in the CAA will be $2,179,956. Approval of this project will reduce the uncommitted balance to $1,777,656.

RWQCB IMPACT

The SFBRWQCB has an existing staff commitment to this project and recently received approval from their Board members to request the time extension and additional funding (resolution copy attached).

STAFF RECOMMENDATION

Approve this project extension and allocate $402,300 to the SFBRWQCB for monitoring and revegetation work at the Gambonini Mercury Mine through December 31, 2004.

(Attachments not available electronically but can be obtained by calling Mike Harper at (916) 227-4326)

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DRAFT October 25, 1999

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99-__

APPROVAL OF FUNDING FROM THE STATE WATER POLLUTION

CLEANUP AND ABATEMENT ACCOUNT

FOR CONTINUE SITE MONITORING AND REVEGETATION ACTIVITIES AT

THE GAMBONINI MERCURY MINE IN MARIN COUNTY

SAN FRANCISCO BAY REGIONAL WATER QUALITY CONTROL BOARD

WHEREAS:

1. The San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) is responsible for ensuring protection of the beneficial uses of water resulting from waste discharges;

2. The Gambonini Mercury Mine has discharged large quantities of mercury that pose an imminent threat to beneficial uses of the Tomales Bay watershed;

3. The SFBRWQCB has already invested $569,000 in Cleanup and Abatement Account money to investigate and revegetate the Gambonini Mercury Mine site;

4. The United States Environmental Protection Agency is sharing responsibility for this project and has contributed $2.7 million to remediate the problem; and

5. Five years of additional site management and monitoring is needed to ensure success of the project.

THEREFORE BE IT RESOLVED THAT:

The State Water Resources Control Board:

1. Commits $402,300 to the SFBRWQCB for monitoring and revegetation at the Gambonini Mercury Mine.

2. Establishes an end date for this project of December 31, 2004.

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 November 18, 1999.

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Maureen Marché

Administrative Assistant to the Board