Consideration Of New Projects Under Consideration Of New Projects Under The Solid Waste Disposal Site And The Solid Waste Disposal Site And Codisposal Site Cleanup ProgramCodisposal Site Cleanup Program

(Solid Waste Disposal Trust Fund, FY (Solid Waste Disposal Trust Fund, FY 2006/07)2006/07)

Agenda Item DAgenda Item D(November 15, 2006 Board Item 12)(November 15, 2006 Board Item 12)

Permitting and Enforcement CommitteePermitting and Enforcement CommitteeNovember 6, 2006November 6, 2006

Project Information Project Information SummarySummary

Project NameProject Name Board Board FundingFunding

Funding Funding MechanismMechanism

Cost Cost RecoveryRecovery

Ibanez Illegal Ibanez Illegal Disposal SiteDisposal Site

Torres Martinez Torres Martinez Reservation, Reservation, Riverside CountyRiverside County

$1,750,000$1,750,000 Board-ManagedBoard-Managed ApplicableApplicable

Torres Martinez CollaborativeTorres Martinez Collaborative

Collaborative established is to develop and implement a Collaborative established is to develop and implement a multi-jurisdictional plan to cleanup and prevent illegal multi-jurisdictional plan to cleanup and prevent illegal dumping on the Torres Martinez Reservation. dumping on the Torres Martinez Reservation. – Includes Tribe, USEPA, BIA, and other federal, state, and Includes Tribe, USEPA, BIA, and other federal, state, and

local agencies. CIWMB participates through Solid Waste local agencies. CIWMB participates through Solid Waste Cleanup Program.Cleanup Program.

– 16+ open dump sites identified for cleanup and access 16+ open dump sites identified for cleanup and access control/prevention measures.control/prevention measures.

– Monitoring, Surveillance, and EnforcementMonitoring, Surveillance, and Enforcement– Infrastructure Development and OutreachInfrastructure Development and Outreach

Board-Managed Cleanup: Tayawa Open Board-Managed Cleanup: Tayawa Open DumpDump

Project approved 8/06 and completed 9/18/06; Final cost less than $190,000 estimate.

Waste removed, disposed/recycled at permitted facilities:

– Solid waste: 48 trucks (12,000 cy or 1000 tons);

– Tires: 3 trucks (80 cy or 800 tires or 10 tons);

– Treated wood waste: 8 trucks (320 cy or 160 tons);

– Ash/contaminated soil: 6 trucks (130 cy 150 tons).

Additional treated waste removed by adjacent farmer. Constructed berm and trench to prevent dumping.

Board-Managed Cleanup of Tayawa Open Dump Board-Managed Cleanup of Tayawa Open Dump Before:Before:

Board-Managed Cleanup of Tayawa Open Dump Board-Managed Cleanup of Tayawa Open Dump After:After:

Ibanez Open Dump: Site DescriptionIbanez Open Dump: Site Description

Ave. 66 between Highways 86/86S 3 miles west of Mecca, Riverside Co.

120-acre allotted land; agricultural with residential development and school. Priority A1.

Extensive past illegal waste facility operations and recent dumping and open burning by unidentified persons:

–Sewage Sludge 326,200 cy–Landscaping/GW 67,500 cy–Gypsum C&D 3,300 cy–Ash 4,000 cy–Misc. Piles 1,000 cy

Ave. 66

Desert MirageHigh School

ResidentialDevelopment

Ibanez

Ibanez Open Dump: Sludge PilesIbanez Open Dump: Sludge Piles

Ibanez Open Dump: Ibanez Open Dump: Landscaping/Greenwaste Piles Landscaping/Greenwaste Piles

Ibanez Open Dump: Other PilesIbanez Open Dump: Other Piles

Ibanez Open Dump ChronologyIbanez Open Dump Chronology Sewage Sludge Activities

– Started 1989 under MOA between Geraldine Ibanez, Chino Corona Farms (CCF) and RWQCB (referenced in AB240 1991).– Expanded 1990-93 by CCF from contract with San Diego. – Very large stockpile accumulated by 1993 led to extensive complaints by Tribe and public to shut down and cleanup site. – City canceled contract in 1993; CCF declared bankruptcy. – Sludge operations continued under other operators; US District Court Injunction issued 11/94 barring further sludge shipments.– CCF company owners indicted and convicted 1996.– Site investigations conducted by BIA consultant in 1994-95.

Ibanez Open Dump ChronologyIbanez Open Dump Chronology Larsen Activities

– Started 1999 under lease between Mrs. Ibanez and Bret Larsen (Larsen Farms) for purposes of temporary storage, drying, and sorting grass clippings from local country clubs and sod farms. Permit approved by BIA. Mrs. Ibanez died 9/01. – BIA issued cease and desist 12/01 for ten violations of permit. – BIA informed Larsen 2/02 that violations not corrected and permit revoked. Larsen appealed. Appeal Board affirmed BIA revocation decision 12/03.

Activities Subsequent to Larsen– Extensive illegal dumping and open burning by unidentified persons. Multiple incident responses by local fire authority.

Ibanez Open Dump Proposed Cleanup Ibanez Open Dump Proposed Cleanup ProjectProject

Board’s contractor would blend on-site stabilized sludge with processed landscaping/green waste materials, gypsum, and clean fly ash for onsite agronomic application.

Other wastes and processing residues unable to be recycled would be removed to proper disposal at permitted facilities.

Sludge piles in excess of that needed for blending would be consolidated, graded, and covered. Height and footprint would be reduced and graded to minimize dust and odors, physical hazards and visual nuisance.

Install and upgrade gates and access controls.

Estimated cost: $1,750,000.

Cost RecoveryCost Recovery

Cost recovery is applicable and would be pursued to the extent practicable (PRC 48023).

Five responsible parties currently identified in addition to property owner estate and heirs.

In light of the protracted enforcement history as well as complexities relating to legal authority over allotted sovereign land, this matter will be referred to the Attorney General’s Office.

Trust Fund and Remediation Contract Trust Fund and Remediation Contract StatusStatus

Solid Waste Cleanup Trust Fund:Solid Waste Cleanup Trust Fund:Unreserved Balance (Nov 2006)Unreserved Balance (Nov 2006) $10,249,000$10,249,000

IWM05017 (Recon):IWM05017 (Recon):Current Unused AllocationCurrent Unused Allocation $2,887,000$2,887,000

Ibanez Illegal Disposal Site Project (Est.)Ibanez Illegal Disposal Site Project (Est.) ($1,750,000)($1,750,000)

Balance AvailableBalance Available $1,137,000$1,137,000

IWM05067 (AJ Diani):IWM05067 (AJ Diani):

Current Unused AllocationCurrent Unused Allocation $2,370,000$2,370,000

RecommendationRecommendation

Staff recommend the Board Staff recommend the Board approve the proposed Board-approve the proposed Board-managed project to clean-up managed project to clean-up the Ibanez Open Dump and the Ibanez Open Dump and adopt Resolution 2006-200.adopt Resolution 2006-200.