February 8, 2000

 

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION – CENTRAL VALLEY REGIONAL BOARD

February 17, 2000

 

 

ITEM:  10

 

SUBJECT:  AMENDMENT TO RESOLUTION NO. 99-102 THAT AUTHORIZED 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

 

DISCUSSION:  The State Water Resources Control Board adopted Resolution No. 99-102 on October 21, 1999 that authorized 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.

 

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.  During an investigation in July of 1997, significant 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.  At least four domestic water supply wells in the community of Glennville have concentrations of MTBE which greatly exceed the Office of Environmental Health Hazard Assessment’s public health goal of 13 parts per billion (ppb).

 

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.  Significant amounts of petroleum remain in soil and groundwater at the site and are a continuing threat to human health, safety, and the environment.

 

The concentration of MTBE in four water supply wells meets or exceeds the risk level for ingestion and dermal exposure, and due to lack of action by the responsible parties, the residents with impacted wells are being provided water for drinking and domestic use by the CVRWQCB for their health and safety.  The CVRWQCB funded emergency improvements at four locations, which consisted of installing water storage tanks, connecting these tanks to the homes, and disconnecting piping from the homes to the degraded domestic wells.  The CVRWQCB also contracted for the hauling of potable water to these storage tanks.  A fifth residence has recently been provided a water supply tank and piping.  The CVRWQCB is also providing bottled water to residences where the concentration of MTBE in their domestic wells exceeds the public health goal of 13 parts per billion.  These emergency improvements and water deliveries are necessary for health and safety reasons until a permanent alternative potable water source can be provided.  Elevated levels of MTBE may appear in other domestic wells in the area in the future.  Given the characteristics of MTBE and the hydrogeology in the area, it is impossible to identify the wells that may be impacted or the timing of any future impacts.  Therefore, while the five interim water supply systems are a good short-term solution, trucking water from Bakersfield for a possibly expanding number of residences is not considered a viable long-term option.  Public health will continue to be threatened until the community is provided a safe and reliable community drinking water system.

 

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.  The criteria used to evaluate the proposals included technical adequacy of problem assessment, technical adequacy of solutions, and experience and qualifications.

 

Kennedy/Jenks Consultants was selected.  More than the other firms, Kennedy/Jenks demonstrated a thorough knowledge of the project, including site-specific hydrogeologic conditions, a superior knowledge of MTBE characteristics in groundwater and soil, and an awareness of the need for community involvement.  Kennedy/Jenks is also participating in a pilot MTBE treatment project for the City of Santa Monica.  Their expertise with hydrogeologic projects in fractured bedrock was well demonstrated as was their familiarity with Regional Board regulatory issues, CEQA, and DHS drinking water system requirements.  They also thoroughly addressed institutional issues related to the establishment of community water systems, including potential funding sources.  Kennedy/Jenks has the best applicable experience and demonstrated the greatest understanding of the project and issues that could arise.

 

The original project budget was $1,400,000.  Ongoing contract negotiations with Kennedy/Jenks Consultants have revealed that project costs will exceed $1,400,000 and will most likely be closer to $1,800,000.  Legislation became effective on 1 January 2000 that increases by $500,000 the amount of Emergency, Abandoned, Recalcitrant (EAR) account funding that is available for sites degraded with MTBE.  This additional EAR funding is concurrently being requested from the State Board and will allow a project budget up to $1,900,000.

 

At least two sources of funding will be used to conduct the project.  As a result of a 1991 lawsuit settlement with previous site owners, a settlement account managed by the Attorney General’s Office was established.  The settlement account has a balance of approximately $600,000.  To date, the State Board has approved a total of $800,000 from the EAR account for corrective action work at Glennville.  An additional $700,000 is concurrently being requested from the EAR account, which will bring the EAR account funding total to $1,500,000.  After subtracting the funding needed to continue water deliveries, the total funding available for the contract for this project is $1,900,000.

 

POLICY ISSUE:  Should the State Water Resources Control Board adopt a resolution that amends Resolution No. 99-102 to authorize the Executive Director or his designee to negotiate, execute, and amend as necessary, a contract with Kennedy/Jenks Consultants, or any other consulting firm deemed qualified by the Executive Director, to establish a permanent water supply and conduct soil and groundwater assessment and remediation at Glennville for an amount not to exceed $1,900,000?

 

FISCAL IMPACT:  The EAR Account will be reduced by up to $1,500,000.

 

RWQCB IMPACT:  The contract for the project will be managed by the CVRWQCB.

 

STAFF RECOMMENDATION:  That the State Water Resources Control Board adopt a resolution that amends Resolution No. 99-102 to authorize the Executive Director or his designee to negotiate, execute, and amend as necessary, a contract with Kennedy/Jenks Consultants, or any other consulting firm deemed qualified by the Executive Director, to establish a permanent water supply and conduct soil and groundwater remediation at Glennville for an amount not to exceed $1,900,000.

______________________________________________________________

DRAFT  February 8, 2000

 

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2000-___

 

 

AUTHORIZING AMENDMENT TO RESOLUTION NO. 99-102 THAT AUTHORIZED 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.  The State Water Resources Control Board adopted Resolution No. 99-102 on October 21, 1999 that authorized 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.

 

2.  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.

 

3.  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.

 

4.  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.

 

5.  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.

 

6.  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.

 

7.  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.

 

8.  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.

 

9.  Ongoing contract negotiations with Kennedy/Jenks Consultants have revealed that project costs will exceed $1,400,000 and will most likely be closer to $1,800,000.

 

10.  Legislation became effective on 1 January 2000 that increases by $500,000 the amount of EAR Account funding that is available for sites degraded with MTBE.

 

 

THEREFORE BE IT RESOLVED THAT:

 

The State Water Resources Control Board amends Resolution No. 99-102 to authorize the Executive Director or his designee to negotiate, execute, and amend as necessary, a contract with Kennedy/Jenks Consultants or other contractors deemed qualified by the Executive Director to establish a permanent water supply and conduct soil and groundwater remediation at Glennville for an amount not to exceed $1,900,000.

 

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 February 17, 2000.

 

 

______________________________

Maureen Marché

Administrative Assistant to the Board