March 21, 2002

STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION – CENTRAL VALLEY REGIONAL BOARD

APRIL 25, 2002

ITEM 17

SUBJECT:

CONSIDERATION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OR DESIGNEE TO NEGOTIATE, EXECUTE, AND AMEND IF NECESSARY A CONTRACT FOR UP TO $600,000 FOR THE EVALUATION AND REMEDIATION OF THE WESTLEY AND TRACY TIRE FACILITIES.

DISCUSSION:

In the past few years, there have been two major tire fires in the State; the Tracy and Westley tire fires. The California Integrated Waste Management Board (CIWMB) is committed to the remediation of these two sites.

On August 7, 1998, tires being illegally stored at the Royster tire facility, located in Tracy, California, were ignited. It was estimated that more than 7 million tires were present when the fire started. The fire burned for more than two years before being extinguished by CIWMB in Spring, 2001. Currently, the United States Environmental Protection Agency is performing site characterization work in preparation for remediation activities.

On September 22, 1999, lightening ignited stockpiled tires at the Filbin tire facility, located in Westley, California. It was estimated to be the largest illegal waste tire site remaining in the State containing an estimated 7 million waste tires. Approximately 70% of the tires either burned or became contaminated as a result of the fire that burned for 34 days before being extinguished. To date, CIWMB has removed approximately 40,000 tons of unburned tires, contaminated soil, and debris.

The Department of Toxic Substances Control and the Central Valley Regional Water Quality Control Board (CVRWQCB), partners with CIWMB in the Westley and Tracy tire facility cleanups, have provided assistance to CIWMB in these ongoing remedial actions.

The purpose of this agreement between CVRWQCB and CIWMB is to define the tasks associated with future remediation work by CVRWQCB and/or its contractors at the sites.

POLICY ISSUE:

Should SWRCB authorize the Executive Director or designee to execute a contract for the evaluation and remediation of the Westley and Tracy tire facilities?

FISCAL IMPACT:

CVRWQCB and the Budget Office will work to ensure that there is adequate authority to cover said funding. The allocation proposed will be spread over three fiscal years as follows: FY01/02, $20,000, FY02/03 $290,0000 and FY 03/04 $290,000. A Program Change Proposal requesting reimbursement authority has been submitted to the Budget Office and is pending approval.

REGIONAL BOARD IMPACT:

CVRWQCB will provide technical support for the tasks associated with the evaluation and remediation of the Westley and Tracy tire facilities.

STAFF RECOMMENDATION

SWRCB adopt the resolution to authorize the Executive Director, or designee, to execute a contract for the evaluation and remediation of the Westley and Tracy tire facilities.

March 21, 2002

DRAFT

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 2002-__

AUTHORIZING THE EXECUTIVE DIRECTOR OR DESIGNEE TO NEGOTIATE, EXECUTE, AND AMEND IF NECESSARY A CONTRACT FOR UP TO $600,000 FOR THE EVALUATION AND REMEDIATION OF THE WESTLEY AND TRACY TIRE FACILITIES.

WHEREAS:

  1. Public Resources Code (PRC) Section 42846 (a) authorizes the California Integrated Waste Management Board (CIWMB) to expend available moneys in the California Tire Recycling Fund to perform any cleanup, abatement, or remedial work required under the circumstances set forth in PRC Section 42845 which in its judgment is required by the magnitude of endeavor or the need for prompt action to prevent substantial pollution, nuisance, or injury to the public health or safety. PRC Section 42882 authorizes CIWMB to contract with or cooperate with other state agencies in carrying out the waste tire program. PRC Section 42889 (e) authorizes CIWMB to pay pursuant to contract all approved costs incurred by other public agencies involved in the cleanup, abatement, removal, or other remedial action related to tire stockpiles throughout the State.
  1. Since 1998, two major tire fires have occurred in the State; the Tracy and Westley tire fires. The removal of the residual contaminants is required to complete the remediation of the Tracy and Westley tire facilities.
  1. The remediation work will be conducted pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund amendments and Reauthorization Act of 1986 (CERCLA). The Central Valley Regional Water Quality Control Board (CVRWQCB) will provide technical support for the tasks associated with the CERCLA process and their own statutory and regulatory requirements.
  1. All work authorized for payment under this Agreement shall be coordinated and managed by CIWMB. All work under this Agreement shall be performed pursuant to this Agreement and Work Orders generated by CIWMB.
  1. The three-year contract will fund $600,000 from CIWMB for the evaluation and remediation of the Tracy and Westley tire facilities.

THEREFORE BE IT RESOLVED THAT:

The SWRCB authorizes the Executive Director or designee to negotiate, approve, and/or amend a contract for the evaluation and remediation of the Tracy and Westley tire facilities.

CERTIFICATION

The undersigned, Clerk 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 April 25, 2002.

______

Maureen Marché

Clerk to Board