STATE WATER RESOURCES CONTROL BOARD
WORKSHOP--DIVISION OF CLEAN WATER PROGRAMS
July 5, 2000
ITEM 2
SUBJECT
PROPOSED RESOLUTION ADOPTING THE PETROLEUM UNDERGROUND STORAGE TANK (UST) EMERGENCY, ABANDONED, RECALCITRANT (EAR) ACCOUNT FISCAL YEAR (FY) 2000-2001 ANNUAL SITE LIST; AND, AUTHORIZING THE EXECUTIVE DIRECTOR, OR HIS DESIGNEE, TO EXECUTE CONTRACTS AND AMENDMENTS WITH DESIGNATED LOCAL IMPLEMENTING AGENCIES (LIAs).
DISCUSSION
Chapter 6.75 of the Health and Safety Code authorizes the State Water Resources Control Board (SWRCB) to provide funds to Regional Water Quality Control Boards (RWQCBs) and LIAs to initiate corrective action at petroleum UST sites: (1) which require prompt action to protect human health or the environment; (2) for which a responsible party can not be identified or located (abandoned site); or, (3) where the identified responsible party is either unable or unwilling to take the required corrective action (recalcitrant site). The FY 2000-2001 budget for the Underground Storage Tank Cleanup Fund (USTCF) Program requests a $5 million appropriation for this function. The SWRCB has established procedures for administering the EAR Account, which include the adoption of an annual site list of abandoned and recalcitrant sites nominated by a RWQCB to receive EAR Account funding.
On January 11, 2000, the SWRCB requested the RWQCBs to: (1) contact their LIAs to identify any abandoned and recalcitrant petroleum UST sites for inclusion on the EAR Account FY 2000-2001 Annual Site List and (2) submit their annual list of recommended RWQCB and LIA sites to the SWRCB for EAR Account funding.
Four RWQCBs responded, nominating a total of 17 eligible sites. Sufficient funding is available to provide the requested funding for all 17 eligible sites.
POLICY ISSUE
Should the SWRCB adopt the EAR Account FY 2000-2001 Annual Site List, to provide funding to the designated oversight agency to initiate direct site cleanup at listed UST sites? and,
Should the SWRCB authorize the Executive Director, or his designee, to execute contracts and amendments with designated LIAs?
FISCAL IMPACT
An EAR Account appropriation of $5,000,000.00 from the USTCF, has been requested for FY 2000-2001. This is sufficient to provide the requested funding for all eligible listed sites. Also, sufficient funds are included in the budget to cover RWQCB staff time needed to administer listed sites.
RWQCB IMPACT
Three sites will be administered by RWQCBs. The remaining 14 sites will be administered by LIAs.
STAFF RECOMMENDATION
That the SWRCB adopt a resolution to grant EAR funding, as specified in the EAR Account FY 2000-2001 Annual Site List, and that the SWRCB authorize the Executive Director, or his designee, to execute contracts and amendments with LIAs designated as an oversight agency on the Annual Site List.
DRAFT June 26, 2000
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2000 -
ADOPTING THE PETROLEUM UNDERGROUND STORAGE TANK (UST)
EMERGENCY, ABANDONED, RECALCITRANT (EAR) ACCOUNT
FISCAL YEAR (FY) 2000-2001 ANNUAL SITE LIST; AND,
AUTHORIZING THE EXECUTIVE DIRECTOR, OR HIS DESIGNEE,
TO EXECUTE CONTRACTS AND AMENDMENTS WITH DESIGNATED
LOCAL IMPLEMENTING AGENCIES (LIAs).
WHEREAS:
1.Chapter 6.75 of the Health and Safety Code authorizes Regional Water Quality Control Boards (RWQCBs) and LIAs to take corrective action at petroleum UST sites which have had unauthorized releases;
2.The State Water Resources Control Board (SWRCB) has established administrative procedures for providing cleanup funds to RWQCBs and LIAs, which include adoption of an EAR Account Annual Site List;
3.On January 11, 2000, the SWRCB requested the RWQCBs to: (1) contact their LIAs to identify any abandoned and recalcitrant petroleum UST sites for inclusion on the EAR Account FY 2000-2001 Annual Site List and (2) submit their annual list of recommended RWQCB and LIA sites to the SWRCB for EAR Account funding;
4.Four RWQCBs responded, nominating a total of 17 eligible sites;
5.Sufficient funding is available to provide the requested funding for all 17 eligible sites; and
6.The SWRCB wants to delegate authority to the Executive Director, or his designee, to execute contracts with designated LIAs.
THEREFORE BE IT RESOLVED THAT:
The State Water Resources Control Board:
1.Adopt the EAR Account FY 2000-2001 Annual Site List; and
2.Authorize the Executive Director, or his designee, to negotiate and execute contracts with designated LIAs for the expenditure of EAR Account funds.
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 July 20, 2000.
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Maureen Marchè
Administrative Assistant to the Board