HomeMy WebLinkAboutCDC/2002-30
RESOLUTION NO.
CDC/2002-30
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A
PROPERTY OWNER REDEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND BP CALIFORNIA, A CALIFORNIA
CORPORATION, AND AUTHORIZING THE EXECUTION OF THE
AGREEMENT BY THE EXECUTIVE DIRECTOR ON BEHALF OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
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WHEREAS, BP California (collectively, with any related entity, the "Property Owner")
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has requested that the Redevelopment Agency of the City of San Bernardino (the "Agency")
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approve the terms of a Property Owner Redevelopment Agreement (the "Agreement") for the
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purpose of supporting the redevelopment and reuse of certain lands and providing financing for
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the remediation ofthe old landfill site at the northeast comer of Waterman Avenue and Vanderbilt
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Way, San Bernardino, California (the "Project"); and
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WHEREAS, the Project is consistent with the goals of the Tri-City Redevelopment
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Project Area and the City of San Bernardino General Plan; and
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WHEREAS, the Project will result in the remediation of a nine acre landfill site to assist
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the Agency in accomplishment of its goal to reduce blight in the project area, pursuant to the
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Community Redevelopment Law.
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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Section 1.
The above recitals are true and correct.
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Section 2.
The City of San Bernardino has, by separate action, previously approve
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the Project, subject to a number of conditions and development impact mitigation measures, an
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the Property Owner shall be responsible for complying with those conditions and measures.
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copy of the May 20, 2002, CEQA determination of the Mayor and Common Council of the Cit
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of San Bernardino is on file with the Agency Secretary. The Community Developmen
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CDC/2002-30
1 Commission, as the governing board of the Agency, finds that no substantial changes in the project
2 or the circumstances under which the project is undertaken or new information of substantial
3 importance allow additional environmental review of the Project by the Agency, as set forth in
4 Public Resources Code Section 21167 and Title 14 California Code of Regulations Section 15162,
5 and that for the purpose of approving the Agreement and providing the redevelopment assistance to
6 be provided to the Property Owner under the terms of the Agreement, no further environmental
7 review of the Project or the Agreement by the Commission is necessary in connection with its
8 consideration or approval of the Agreement.
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Section 3.
The Community Development Commission hereby approves the Agreement
10 with the Property Owner. The Community Development Commission hereby authorizes and directs
11 the Executive Director to execute the Agreement on behalf of the Agency. The Executive Director
12 of the Agency is hereby authorized to make minor corrections, additions, and clarifications to the
13 Agreement prior to its execution, provided said changes are not substantive in nature, and do not
14 increase the monetary impact to the Agency under the terms of the Agreement as hereby approved.
15 A copy of the 2002 Property Owner Redevelopment Agreement is on file with the Agency Secretary.
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Section 4.
Subject to the satisfaction by the Property Owner of the conditions set forth
17 in the Agreement, the obligation of the Agency to make the reimbursements to the Property Owner
18 under the terms of the Agreement from the special source offunds described in the Agreement, shall
19 be an "indebtedness of the Agency," as this term is defined in Health and Safety Code Section
20 33675. The Executive Director is hereby directed to cause the Statement of Indebtedness for the Tri-
21 City Redevelopment Project to include the indebtedness of the Agency to the Property Owner, as
22 evidenced by the Agreement, to be filed with the Auditor-Controller of San Bernardino County in
23 the manner authorized by law.
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BP California
Section 5.
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CDC/2002-30
The authorization to execute the Agreement is rescinded if the Agreement
is not fully executed by both parties within sixty (60) days of the passage of this Resolution.
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Section 6.
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This resolution shall take effect immediately upon its passage.
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CDC/2002-30
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING A PROPERTY OWNER
2 REDEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND B P CALIFORNIA, A
3 CALIFORNIA CORPORATION, AND AUTHORIZING THE EXECUTION OF THE
AGREEMENT BY THE EXECUTIVE DIRECTOR ON BEHALF OF THE
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
joint regular
meetin
7 thereof, held on the 7th day of October
8 COMMISSION MEMBERS: AYES NAYS
9 ESTRADA X
10 LIEN X
11 MCGINNIS X
12 DERRY X
13 SUAREZ X
14 ANDERSON X
15 MCCAMMACK X
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, 2002, by the following vote, to wit
ABSTAIN ABSENT
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The foregoing Resolution is hereby approved this Ie rH day of
October
,2002.
Approved as to form and
24 legal content:
I~'" (;)~~-
Betty Dean Anderson,
Vice Chairman
City of San Bernardino
Community Development
Commission
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By:
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B P Calil\1rnia
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
2002
PROPERTY OWNER REDEVELOPMENT
AGREEMENT
(BP California)
THIS 2002 PROPERTY OWNER REDEVELOPMENT AGREEMENT (the "Agreement") is
dated as of September 23,2002, by and between BP California, a California corporation (the "Property
Owner"), and the Redevelopment Agency of the City of San Bernardino, a public body corporate and
politic (the "Agency"), and is entered into with respect to the following facts:
RECITALS
The Property Owner owns certain real property generally situated at the northeast comer of
Waterman Avenue and Vanderbilt Way, San Bernardino, California, consisting of approximately 9.1
acres (the "Property"). The Property is located in the redevelopment project area described in the
Agency's Redevelopment Plan for the Tri-City Redevelopment Project (the "Redevelopment Plan"). The
general location of the Property is shown on a vicinity map attached to this Agreement as Exhibit "A" and
incorporated herein by this reference. The Property is more particularly described in the legal description
of the Property, attached to this Agreement as Exhibit "B-1" and incorporated herein by this reference and
depicted on the plat attached to this Agreement as Exhibit "B-2" and incorporated herein by this
reference.
Prior to the Property Owner taking title, a portion of the Property was used as a privately owned
and operated landfill (the "Landfill"). The Landfill represents a blighting condition within the Tri-City
Redevelopment Project. The City of San Bernardino (the "City") and the County of San Bernardino
("County") desire specific environmental remediation of the Landfill.
The Property Owner for itself and its successors and assigns and the Agency for itself and its
successors and assigns enter into this Agreement to implement the Redevelopment Plan and for the
benefit of the Tri-City Redevelopment Project Area and the Property, in accordance with Health and
Safety Code Section 33339.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS OF THE PARTIES SET FORTH IN THIS AGREEMENT, THE PROPERTY OWNER
FOR ITSELF AND, TO THE EXTENT PROVIDED IN THIS AGREEMENT, FOR ITS SUCCESSORS
AND ASSIGNS AND THE AGENCY FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS,
HEREBY AGREE, AS FOLLOWS:
Section I. Effective Date of Agreement. This Agreement shall take effect on the first date on
which all of the following events have occurred: (1) this Agreement is approved by the Community
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Development Commission of the City of San Bernardino, as the governing body of the Agency, (2) this
Agreement is executed by an authorized representative of the Agency and (3) this Agreement is executed
by an authorized representative of the Property Owner (the "Effective Date").
Section 2.
The Remediation Proiect.
(a) The Property Owner hereby represents and warrants to the Agency that the Property
Owner received approval from the County of San Bernardino Department of Environmental Health of a
draft closure plan and draft work plan for soils and environmental remediation of the Landfill (the "Draft
Closure Plan/W ork Plan"). A true and correct copy of the approved Draft Closure PlanlW ork Plan is
attached to this Agreement as Exhibit "c" and incorporated herein by this reference. The approved Draft
Closure PlanlWork Plan includes, but is not limited to, (I) excavation and offsite disposal of Hazardous
Substances and other waste, including transportation to and disposal of such matter at Class I or IT
facilities or approved municipal waste facilities, (2) importation of clean soil for backfilling the
excavation and (3) importation of clean soil for backfilling areas to be compacted in place and capped
(collectively, with all other elements, revisions and conditions of the Draft Closure PlanlWork Plan,
hereinafter referred to as the "Remediation Project").
(b) The Property Owner shall commence the Remediation Project in accordance with the Draft
Closure PlanlWork Plan and any revisions to such plan or other conditions or requirements previously
imposed by the County for completion of the Remediation Project (with the exception of any ongoing
monitoring and compliance obligations, as described in Section 5(b )), no later than December 31,2002,
and will, thereafter, diligently pursue the Remediation Project to completion by no later than June 30,
2004. The Property Owner shall not materially change the Draft Closure PlanlWork Plan or the
Remediation Project, without the approval of the County and written notice of such approval to the
Agency.
(c) The Property Owner hereby represents and warrants to the Agency that the Property
Owner is financially capable of undertaking and completing the Remediation Project.
(d) The Property Owner further hereby represents and warrants to the Agency that the
Property Owner has obtained or is in the process of obtaining all necessary governmental approvals to
commence and complete the Remediation Project. The Property Owner shall not commence the
Remediation Project until the Property Owner has received all necessary governmental approvals.
Section 3.
Conformity of the Remediation Proiect With the Redevelopment Plan.
(a) The Agency hereby finds and determines that, as of the date of approval of this Agreement
by the Community Development Commission of the City of San Bernardino, as the governing body of the
Agency, the Remediation Project, is consistent with the Redevelopment Plan.
(b) The Agency hereby also finds and determines that the redevelopment assistance to be
provided by the Agency to the Property Owner, on the terms set forth in this Agreement and the
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redevelopment covenants of the Property Owner contained in this Agreement, will eliminate conditions
of blight within the Tri-City Redevelopment Project Area.
Section 4.
the Property Owner.
Agency Reimbursement of a Portion of the Costs of the Remediation Proiect to
(a) The Property Owner estimates that completion of the Remediation Project will cost
approximately Three Million Dollars ($3,000,000) and agrees that Agency shall not be required to
reimburse Property Owner more than One Million Seven Hundred Fifty Thousand Dollars ($1,750,000)
under this Agreement.
(b) Subject to completion of the Remediation Project by the Property Owner, the Agency shall
provide as a grant to the Property Owner a sum, as set forth below (the "Agency Grant"):
(i) The Agency shall provide an initial disbursement of the Agency Grant in the
amount of Two Hundred Thousand Dollars ($200,000.00) (the "Initial Remediation Payment"),
within ten (10) days of the Property Owner's presentation to the Agency of evidence of
expenditure by the Property Owner of at least Two Hundred Thousand Dollars ($200,000.00) in
costs for physical remediation work performed on the Property, not including testing or sampling,
within the categories described in the definition of the "Actual Cost of the Remediation Project"
(as hereinafter defined in Section 4.(c)).
(ii) In addition to the Initial Remediation Payment, the Agency shall pay to the
Property Owner seventy five percent (75%) of the "Site Tax Increment" for the Property (as
defined below), as follows (the "Site Tax Increment Payment"):
(1) The "Site Tax Increment" is that portion of the locally assessed ad valorem
real property taxes paid with respect to the Property that are allocated, paid to and
received by the Agency pursuant to Health and Safety Code Section 33670(b) following
the completion of the Remediation Project. The Site Tax Increment received by the
Agency shall be determined by the Agency, within thirty (30) days of the earlier of either
December 31 or June 30 occurring after the passage of twelve (12) months following
completion of the Remediation Project, exclusive of continuing monitoring and reporting
requirements, as determined by the County of San Bernardino (the "Site Tax Increment
Commencement Date") and, thereafter, within thirty (30) days of each December 31 and
June 30, throughout the periods set forth in Section 4.(b )(ii)(2) and Section 4.(b )(ii)(3)
below. The Agency's determination of the Site Tax Increment shall be conclusive and
binding on the Agency and the Property Owner. The Agency shall determine the Site Tax
Increment by application of the following formula:
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(Total Property Taxes Paid1/)-(Base Year Valueli)-(tax increment revenue from the
Property deposited into the Low and Moderate Income Housing Fundli)-(Pass- Thru
Amounts1/) = Site Tax Increment
(2) The Agency shall pay to the Property Owner seventy five percent (75%) of
the Site Tax Increment associated with the approximately 3-acre parcel fronting
Waterman Avenue and designated in Exhibit "B-2" as "Parcel A", within thirty (30) days
ofthe Site Tax Increment Commencement Date and, thereafter, within thirty (30) days of
each December 31 and June 30, until the earlier of (a) the tenth (lOth) anniversary of the
Site Tax Increment Commencement Date, or (b) such date as the aggregate of all
reimbursement from the Agency to the Property Owner (including the Initial Payment and
all cumulative Site Tax Increment Payments) under this Agreement equals the lesser of
the "Actual Cost of the Remediation Project" (as hereinafter defined in Section 4(c)) or
One Million Seven Hundred Fifty Thousand Dollars ($1,750,000).
(3) The Agency shall pay to the Property Owner seventy five percent (75%) of
the Site Tax Increment associated with the approximately 6-acre parcel lying to the east of
Parcel A and designated in Exhibit "B-2" as "Parcel B", within thirty (30) days of the Site
Tax Increment Commencement Date and, thereafter, within thirty (30) days of each
December 31 and June 30, until the earlier of (a) the thirteenth (13th) anniversary of the
Site Tax Increment Commencement Date, or (b) such date as the aggregate of all
reimbursement from the Agency to the Property Owner (including the Initial Payment and
all cumulative Site Tax Increment Payments) under this Agreement equals the lesser of
the "Actual Cost of the Remediation Project" (as hereinafter defined in Section 4(c)) or
One Million Seven Hundred Fifty Thousand Dollars ($1,750,000).
(c) As used herein, the phrase "Actual Cost of the Remediation Project" shall mean the total
costs incurred and paid by the Property Owner in carrying out the Remediation Project including, without
1 For purposes of the formula for the calculation of "Site Tax Increment" presented above:
I. "Total Property Taxes Paid" means the total amount of current tax year locally assessed ad valorem property taxes
assessed to the Property and paid with respect to the Property to the Tax Collector of San Bernardino County.
2. "Base Year Value" means that portion of Total Property Taxes Paid that is attributable to the assessed value of the
Property used by the Tax Collector of San Bernardino County for ad valorem property tax assessment purposes, as of January
1,2002.
3. 'Tax increment revenues from the Property deposited to the Low-and Moderate Income Housing Fund" means and
refers to the portion of the tax increment revenue from the Property that is to be deposited each year pursuant to Health and
Safety Code Section 33334.3, as amended or superseded, into the Agency's low-and moderate income housing fund.
4. "Pass- Thru Amounts", if any, mean and refer to those portions of the tax increment revenue from the Property that
is subject to payment each year by the Agency to one or more affected taxing agencies under Health and Safety Code Sections
33401, as amended or superseded, or by agreement.
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limitation, engineering costs, oversight costs, fees and costs paid to public agencies, grading costs,
disposal costs, import soil costs and construction costs, as verified by paid invoices provided by the
Property Owner to the Agency, exclusive of interest expense.
(d) Notwithstanding anything to the contrary contained in this Agreement, in no event
shall the total amount of the Agency Grant (the aggregate of the Initial Payment and all Site Tax
Increment Payments) paid by the Agency to the Property Owner exceed the lesser of the "Actual Cost of
the Remediation Project" (as hereinafter defined in Section 4(c)) or One Million Seven Hundred Fifty
Thousand Dollars ($1,750,000).
Section 5.
Special Representations and Covenants of the Property Owner.
(a) The Property Owner hereby agrees that in connection with the Remediation Project, that
not less than "prevailing wages", as this term is defined at California Labor Code Section 1770 et seq., as
amended or superseded, shall be paid by Property Owner, its contractors and subcontractors, to all
workmen employed in connection with the performance of the Remediation Project. The provisions of
California Labor Code Sections 1775 and 1776 shall be applicable to the performance of this obligation
of Property Owner, its contractors and subcontractors, as related to the Remediation Project. The
Property Owner hereby agrees to prepare and retain certified payroll records, in accordance with Labor
Code Section 1776, and to collect and retain the same from all contractors and subcontractors providing
labor for the Remediation Project, proving the payment of prevailing wages.
(b) The Property Owner acknowledges that it may be required by the County to perform
certain continuing post-closure monitoring activities related to remediation of the Landfill on the Property
and agrees to do the same to the satisfaction of the County, at Property Owner's sole cost.
(c) Property Owner covenants to the Agency that it will prosecute the Remediation Project to
completion by no later than June 30, 2004, subject to Section 26 below.
(d) The Property Owner agrees that it shall be solely responsible to sign all manifests
regarding transportation of Hazardous Substances or other waste from the Property, as the generator and
transporter of such matter.
(e) The Property Owner represents, warrants, covenants and agrees that in pursuing the
Remediation Project, it will comply with all applicable Environmental Laws (as hereinafter defined). The
Property Owner acknowledges that the Agency assumes no liability for damages, personal injury, illness,
disability, or death to Property Owner, or to any other person, including members of the general public,
arising from or incident to the transportation, removal, handling, use, disposition, or other activity causing
or leading to contact of any kind whatsoever with Hazardous Substances on or from the Property, whether
the Property Owner properly warned, or failed to properly warn, any such persons injured.
(f) The Property Owner covenants and agrees that at all times while its employees or
contractors are present on the Property, the Property Owner shall ensure that the activities of its
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employees and contractors comply with all applicable Environmental Laws.
(g) The representations, warranties, covenants and agreements of the Property Owner set forth
in this section shall survive the expiration or termination of this Agreement for a period of three (3) years.
Section 6. Environmental Indemnity of the Citv and the Agencv by the Property Owner. The
Property Owner hereby agrees, at its sole cost and expense, to fully indemnify, protect, hold harmless, and
defend (with counsel selected by the Property Owner and approved by the Agency, which approval shall
not be unreasonably withheld) the City of San Bernardino (the "City") and the Agency and their trustees,
elected officials, officers, attorneys, agents and employees and each of them, from and against any and all
claims, demands, damages, losses, liabilities, obligations, penalties, fines, actions, causes of action,
judgments, suits, proceedings, costs, disbursements and expenses, including, without limitation, attorney
fees, disbursements and costs of attorneys, environmental consultants and other experts, and all
foreseeable and unforeseeable damages of any kind or of any nature whatsoever (collectively, "Losses")
that may, at any time, be imposed upon, incurred or suffered by, or claimed, asserted or awarded against,
the Agency directly or indirectly relating to or arising from any of the following "Environmental Matters"
existing or occurring during the Property Owner's ownership of the Property:
A. The presence of Hazardous Substances on, in, under, from or affecting all or any
portion of the Property;
B. The storage, holding, handling, release, threatened release, discharge, generation,
leak, abatement, removal or transportation of any Hazardous Substances on, in, under, from or affecting
the Property;
C. The violation of any law, rule, regulation, judgment, order, permit, license,
agreement, covenant, restriction, requirement or the like by the Property Owner, its agents or contractors,
relating to or governing in any way Hazardous Substances on, in, under, from or affecting the Property;
D. The failure of the Property Owner, its agents or contractors, to properly complete,
obtain, submit and/or file any and all notices, permits, licenses, authorizations, covenants and the like in
connection with the Property Owner's activities on the Property;
E. The implementation and enforcement by the Property Owner, its agents or
contractors of any monitoring, notification or other precautionary measures that may, at any time, become
necessary to protect against the release, potential release or discharge of Hazardous Substances on, in,
under, from or affecting the Property;
F. The failure of the Property Owner, its agents or contractors, in compliance with all
applicable Environmental Laws, to lawfully remove, contain, transport or dispose of any Hazardous
Substances existing, stored or generated on, in, under or from the Property;
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G. Any investigation, inquiry, order, hearing, action or other proceeding by or before
any governmental agency in connection with any Hazardous Substances on, in, under, from or affecting
the Property or the violation of any Environmental Law relating to the Property;
H. The Property Owner shall pay to the Agency all costs and expenses including,
without limitation, reasonable attorneys fees and costs, incurred by the Agency in connection with
enforcement of the aforementioned environmental indemnity.
I. For the purposes of this Agreement, the term "Hazardous Substance" or
"Hazardous Substances" means and includes, without limitation, all of the following:
(l) those substances included within the definitions of "hazardous substance,"
"hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminate"
in CERCLA, RCRA, TSCA, HMTA, or under any other environmental law; and
(2) those substances listed in the United States Department of Transportation
(DOT)Table [49 CFR 172.101], or by the EP A, or any successor agency, as hazardous substances [40
CFR Part 302]; and
(3) other substances, materials, and wastes that are, or become, regulated or classified
as hazardous or toxic under federal, state, or local laws or regulations; and
(4) any material, waste, or substance that is:
(a) a petroleum or refined petroleum product,
(b) asbestos,
(c) polychlorinated biphenyl,
(d) designated as a hazardous substance pursuant to 33 USC Section 1321
or listed pursuant to 33 USC Section 1317,
(e) a flammable explosive, or
(f) a radioactive material;
J. For the purposes of this Agreement, the term "Environmental Law" means and
includes, without limitation, all federal, state, local, or municipal laws, rules, orders, regulations, statutes,
ordinances, codes, decrees, or requirements of any governmental authority regulating, relating to, or
imposing liability or standards of conduct concerning any Hazardous Substance (as later defined), or
pertaining to occupational health or industrial hygiene (to the extent that the occupational health or
industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the
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Property), occupational or environmental conditions on, under, or about the Property, as now or may, at
any later time, be in effect, including, without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA") [42 USC Section 9601 et seq.]; the Resource
Conservation and Recovery Act of 1976 ("RCRA") [42 USC Section 6901 et seq.]; the Clean Water Act,
also known as the Federal Water Pollution Control Act ("FWPCA") [33 USC Section 1251 et seq.]; the
Toxic Substances Control Act ("TSCA") [15 USC Section 2601 et seq.]; the Hazardous Materials
Transportation Act ("HMTA") [49 USC Section 1801 et seq.]; the Insecticide, Fungicide, Rodenticide
Act [7 USC Section 6901 et seq.] the Clean Air Act [42 USC Section 7401 et seq.]; the Safe Drinking
Water Act [42 USC Section 300f et seq.]; the Solid Waste Disposal Act [42 USC Section 6901 et seq.];
the Surface Mining Control and Reclamation Act [30 USC Section 101 et seq.]; the Emergency Planning
and Community Right to Know Act [42 USC Section 11001 et seq.]; the Occupational Safety and Health
Act [29 USC Section 655 and 657]; the California Underground Storage of Hazardous Substances Act
[Health and Safety Code Section 25288 et seq.]; the California Hazardous Substances Account Act
[Health and Safety Code Section 25300 et seq.]; the California Safe Drinking Water and Toxic
Enforcement Act [Health and Safety Code Section 24249.5 et seq.] the Porter-Cologne Water Quality Act
[Water Code Section 13000 et seq.] together with any amendments of, or regulations promulgated under
the statutes cited above and any other federal, state, or local law , statute, ordinance, or regulation, now in
effect or later enacted, that pertains to occupational health or industrial hygiene, and only to the extent the
occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances
on, under, or about the Property, or the regulation or protection of the environment, including ambient air,
soil, soil vapor, groundwater, surface water, or land use.
K. Nothing contained in this Agreement shall be deemed to obligate the Property
Owner to indemnify the City, the Agency or their elected officials, trustees, officers, attorneys, agents or
employees from Losses resulting from their own willful misconduct or active negligence.
L. The environmental indemnity given by the Property Owner for Environmental
Matters in this Section 6 shall survive the expiration or termination of this Agreement for a period of
three (3) years.
Section 7. Covenant Against Unlawful Discrimination. The terms and provisions of Health
and Safety Code Section 33436 prohibiting various types of unlawful discrimination are hereby
incorporated into this Agreement by this reference.
Section 8.
Defaults and Breach - General.
(a) Failure or delay by either party to perform any term or provision of this Agreement shall
constitute a default under this Agreement; provided, however, that, if the party who is otherwise claimed
to be in default by the other party commences to cure, correct or remedy the alleged default within thirty
(30) calendar days after receipt of written notice specifying such default and shall diligently complete
such cure, correction or remedy, such party shall not be deemed to be in default under this Agreement;
provided, however, that if the Agency defaults in paying any sum due under this Agreement, the Agency
shall cure such default within fifteen (15) calendar days after receipt of written notice specifying such
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default; further, provided, however, that if the Property Owner defaults in providing any insurance
coverage required under Section 25 of this Agreement, the Property Owner shall cure such default within
seven (7) calendar days after receipt of written notice specifying such default. Nothing in this section
shall be construed as implying that any default under this Agreement is curable.
(b) The party which may claim that a default has occurred shall give written notice of default
to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a
waiver of any default nor shall it change the time of default; provided, however, the injured party shall
have no right to exercise any remedy for a default under this Agreement without delivering the written
default notice as specified herein.
(c) Any failure or delay by a party in asserting any of its rights or remedies as to any default
shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except
with respect to rights or remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
(d) In the event that either party may fails to commence to cure, correct or remedy an alleged
default or fails to diligently complete such cure, correction or remedy, following written notice specifying
such default and, thereafter, expiration of the cure period for such default set forth in this Agreement, a
"material breach" shall be deemed to have occurred. In the event of a material breach ofthis Agreement,
the party who is not in material breach shall be entitled to seek any remedy or damages available to that
party under this Agreement, at law or in equity by initiating legal proceedings. Notwithstanding any other
provisions of this Agreement, neither party shall be liable for consequential damages as a result of a
material breach of this Agreement.
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(e) Notwithstanding anything to the contrary contained herein, in the event that Property
Owner fails to complete the Remediation Project on or before June 30, 2004, as such date may be
extended pursuant to Section 26 below, as its sole and exclusive remedy, Agency shall be entitled to
reimbursement from Property Owner of all financial assistance paid by Agency to Property Owner
pursuant to this Agreement and this Agreement shall automatically terminate.
Section 9. Covenants Running With the Land. This Agreement is expressly declared by the
parties for themselves and for their successors and assigns of each of them, to be for the benefit of the
Property and the redevelopment project area of the Tri-City Redevelopment Project. Accordingly, the
provisions of Section 7 of this Agreement, but no other provisions, are a covenant running with the
Property in perpetuity.
Section 10. Notice of Agreement. The parties agree and declare that the successors and assigns
of the Property Owner shall be bound by the provisions of Section 7 of this Agreement. Otherwise, this
Agreement is personal to Property Owner and the successors and assigns of Property Owner shall not be
bound by the terms of this Agreement. The parties shall execute and the Agency shall cause to be
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recorded a Notice of this Agreement substantially in the form as attached hereto as Exhibit "D" and
incorporated into this Agreement by this reference. The Notice of Memorandum of Agreement shall be
recorded promptly upon the full execution of this Agreement by all of the parties.
Section 11. Notices. All notices or other communications required or permitted under this
Agreement shall be in writing, and shall be personally delivered or sent by overnight courier/delivery
service and shall be deemed received upon delivery to the applicable address shown below. All payments
to the Property Owner shall also be sent to the Property Owner at the Property Owner's address for
notice, unless otherwise directed in writing by the Property Owner.
To:
Property Owner
BP California
3141 Hood Street, Second Floor
Dallas, TX 75219
Attn: President
with a copy to:
Gresham, Savage, Nolan & Tilden
600 North Arrowhead Avenue, Suite 300
San Bernardino, CA 92401
Attn: Mark Ostoich
To:
Agency
City of San Bernardino Redevelopment Agency
201 North "E" Street, Third Floor
San Bernardino, CA 92401
Attn: Executive Director
with a copy to:
Lewis Brisbois Bisgaard & Smith LLP
650 East Hospitality Lane, Suite 600
San Bernardino, CA 92408
Attn: Timothy J. Sabo
Section 12. Attornevs' Fees. If either party hereto brings any action or proceeding against the
other arising out of this Agreement, then the prevailing party shall be entitled to recover, as an element of
its costs of suit and not as damages, its reasonable attorneys' fees as fixed by the Court in such action or
proceeding or in a separate action or proceeding brought to recover such attorney's fees. For the purposes
of this Agreement, the phrase "reasonable attorneys' fees" shall include the salaries, costs, benefits and
overhead of the City Attorney for the City of San Bernardino and the attorneys employed in such office
who perform work in connection with any such action or proceeding.
Section 13. Headings and Attachments. The headings of each section of this Agreement are
provided for purposes of reference and convenience only and do not have any meaning independent of the
text of the section of this Agreement to which they may generally correspond. The following list of
attached documents are part of this Agreement:
-] 0-
S82002:30903.2
19
Exhibit "A"
Vicinity Map of the Property
Exhibit "B-1" -
Legal Description of the Property
Exhibit "B-2"
Depiction of the Property
Exhibit "c"
Draft Closure PlanlWork Plan
Exhibit "D"
Notice of 2002 Property Owner Redevelopment Agreement
Section 14. Estoppel Certificates. Within fourteen (14) days following the request of either
party, the other party shall certify in writing the status of the requesting party's performance under this
Agreement.
Section 15. Governing Law: Venue. The parties hereto acknowledge that this Agreement has
been negotiated and entered into in California. The parties hereto expressly agree that this Agreement
shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the
State of California. Further, the parties to this Agreement hereby agree that any legal actions arising from
this Agreement shall be filed in the Superior Court of the State of California, in the County of San
Bernardino, Central District.
Section 16. Severabilitv. If any term, provision or portion of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement, or the application of such term or provision or portion thereof to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each such term and provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
Section 17 . No Intent to Create Third Partv Beneficiaries. The parties intend that the rights and
obligations under this Agreement shall benefit and burden only the parties hereto, and do not intend to
create any rights in, or right of action to or for the use or benefit of any third party, including any
governmental agency, who is not one of the parties to this Agreement, except as expressly set forth
herein.
Section 18. No Admission. This Agreement shall not constitute, and no action taken pursuant
to this Agreement shall constitute, any admission of fact, liability, causation, responsibility or fault, or
proportionate share thereof, by any person with respect to the matters referred to herein, including,
without limitation, the presence of any Hazardous Substances or other substances or chemicals in the soil
or groundwater anywhere in, on, under, at or about the Property. This Agreement shall not be offered into
evidence or used by either party in any administrative, judicial or alternative dispute resolution
proceeding for any purpose, except an action to enforce the terms of or for damages for breach of this
Agreement.
-11-
SB2002:30903.2
19
Section 19. Waivers. No waiver of any provision of this Agreement shall be implied by any
failure of either party to enforce any remedy for the violation of that provision, even if that violation
continues or is repeated. Any waiver by either party of any provision of this Agreement must be in
writing. Such written waiver shall affect only the provisions specified and only for the time and in the
manner stated in the writing. No extension of the time for performance of any obligation or act to be
performed herein shall be deemed to be an extension of the time for performance of any other obligation
or act to be performed under this Agreement.
Section 20. Entire Agreement. This Agreement (including all Exhibits attached hereto) is the
final expression of, and contains the entire agreement between, the parties with respect to the subject
matter hereof and supersedes all prior understandings with respect thereto. This Agreement may not be
modified, changed, supplemented or terminated, nor may any obligations hereunder be waived, except by
written instrument signed by the party to be charged or by its agent duly authorized in writing or as
otherwise expressly permitted herein. This Agreement may be executed in one or more counterparts,
each of which shall be an original, and all of which together shall constitute a single instrument.
Section 21. Construction. Headings at the beginning of each section, paragraph and
subparagraph are solely for the convenience of the parties and are not a part of this Agreement.
Whenever required by the context of this Agreement, the singular shall include the plural and the
masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had
been prepared by one of the parties, but rather as ifboth parties had prepared the same. Unless otherwise
indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are
attached hereto and incorporated herein by this reference.
Section 22. Time of Essence. Time is strictly of the essence with respect to each and every
term, condition, obligation and provision hereof and failure to timely perform any of the terms,
conditions, obligations or provisions hereof by either party shall constitute a default under this Agreement
by the party so failing to perform, subject to the provisions of Section 8 of this Agreement.
Section 23. No Joint Venture. Nothing in this Agreement shall be construed to constitute the
creation of a partnership or joint venture between the Agency and the Property Owner or any contractor or
other person relating to the Remediation Project or the Property. The Agency is not an agent or
representative ofthe Property Owner. This Agreement does not create a contractual relationship between
the Agency and any such third-person and shall not be construed to benefit or bind the Agency in any way
with or create any contractual duties by the Agency to any contractor, subcontractor, materialman,
laborer, or any other person
Section 24.
Non-liability of Agency, Officials and Employees.
(a) No member, elected official, officer, attorney, employee, or consultant of the City
or the Agency shall be personally liable to the Property Owner, or any successor in interest of the
Property Owner, in the event of any default or breach by Agency or for any amount which may become
-]2-
SB2002:30903.2
19
due to the Property Owner or to its successor, or on any obligations under the terms of this Agreement.
(b) The Property Owner acknowledges that the Agency is a "public entity" and/or a
"public agency" as defined under applicable California law. Therefore, the Agency must satisfy the
requirements of certain California statutes relating to the actions of public entities, including, without
limitation, the California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
("CEQA"). Also, as a public body, the Agency's action in approving this Agreement may be subject to
proceedings to invalidate the Agreement. The Property Owner hereby assumes the risk of delays and
damages that may result to the Property Owner from any such third-party legal actions related to the
Agency's approval of this Agreement or the pursuit of the activities contemplated by this Agreement,
even in the event that an error, omission or abuse of discretion by the Agency is determined to have
occurred. If a third-party files a legal action regarding the Agency's approval of this Agreement or the
pursuit of the activities contemplated by this Agreement, the Agency may terminate this Agreement on
sixty (60) days written notice to the Property Owner of the Agency's intent to terminate this Agreement,
referencing this Section 24(b), without any further obligation to perform the tenns of this Agreement and
without any liability to the Property Owner resulting from such termination, unless the Property Owner
unconditionally agrees to indemnify and defend the Agency against such third-party legal action, as
provided herein. Within 30 days of receipt of the Agency's notice of intent to terminate this Agreement,
as provided in the preceding sentence, the Property Owner may offer to defend the Agency in the third-
party legal action and pay all of the court costs, attorney fees, monetary awards, sanctions, attorney fee
awards, expert witness and consulting fees, and the expenses of any and all financial or performance
obligations resulting from the disposition of the legal action. Any such offer from the Property Owner
must be in writing and in a form reasonably acceptable to the Agency.
Section 25.
Insurance.
(a) The Property Owner, in order to protect the City, the Agency, their governing
board, commISSIOns, agents, elected officials, officers, attorneys, authorized representatives and
employees and each of them against all claims and liability for death, injury, loss and damage, including
Losses defined in Section 6 of this Agreement, which may arise as a result of the actions of the Property
Owner in connection with the Remediation Project, shall secure and maintain or shall cause to be secured
and maintained, as applicable, all of the insurance described in this Section 25. Property Owner shall pay
any deductibles under all required insurance policies.
(b) The Property Owner shall cause written proof to be provided to the Agency that all
persons providing labor related to the Remediation Project are insured against liability for workers'
compensation in accordance with the provisions of section 3700 of the Labor Code. In signing this
Agreement, the Property Owner makes the following certification, required by section 1861 of the Labor
Code:
"I am aware of the provisions of section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
-13-
SB2002:30903.2
19
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of the Agreement."
(i) The Property Owner shall require each contractor and subcontractor
engaged to perform any work on the Remediation Project to provide workers' compensation for all of
such contractors' or subcontractors' employees, unless the contractors' or subcontractors' employees are
covered by worker's compensation insurance afforded by the Property Owner. If any class of employees
engaged in work or services performed in connection with the Remediation Project is not covered by
Labor Code Section 3700, the Property Owner shall provide and/or require each contractor or
subcontractor to provide adequate insurance for the coverage of employees not otherwise covered.
(c) The Property Owner shall maintain in full force and effect, at all times that the
Property Owner owns the Property, or any portion thereof, or this Agreement remains in effect, the
following insurance:
(i) Commercial General Liability Insurance coverage, including, but not
limited to, premises-operations, contractual liability insurance (specifically concerning the
indemnity provisions of this Agreement, products-completed operations hazards, personal
injury (including bodily injury and death), and property damage for liability arising out of
the Remediation Project and/or the Property Owner's ownership of the Property. Said
insurance coverage shall have minimum limits for bodily injury and property damage
liability of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO
MILLION DOLLARS ($2,000,000) aggregate.
(ii) Automobile liability insurance against claims of personal injury (including
bodily injury and death) and property damage covering all owned, leased, hired and non-
owned vehicles used by the Property Owner in relation to work performed on the Property
with minimum limits for bodily injury and property damage of ONE MILLION
DOLLARS ($1,000,00) each occurrence and ONE MILLION DOLLARS ($1,000,000)
aggregate. Such insurance shall be provided by a business or commercial vehicle policy.
(iii) If the Property Owner hires one or more consultants to provide services,
such as architectural or engineering services in connection with the Remediation Project,
the Property Owner shall require each such consultant to provide professional liability
(errors and omissions) insurance, for liability arising out of, or in connection with, the
performance of such services, with limits of not less than ONE MILLION DOLLARS
($1,000,000).
(d) During the course of undertaking the Remediation Project, the Property Owner
shall require that all contractors performing work on the Remediation Project to maintain the following
minimum insurance coverage at all times during the performance of said work:
-] 4-
SB2002:30903.2
19
(i) Commercial general liability insurance with limits of not less than ONE
MilLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS
($2,000,000) aggregate to protect the Property Owner during the construction phase from
claims involving bodily injury and/or death and damage to the property of others. Said
insurance shall include an endorsement to include owners' and contractors' protective
coverage.
(ii) Automobile liability insurance against claims of personal injury (including
bodily injury and death) and property damage covering all owned, leased, hired and non-
owned vehicles used in the performance of a contractor's obligations to the Property
Owner with minimum limits for bodily injury and property damage of ONE MILLION
DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000)
aggregate. Such insurance shall be provided by a business or commercial vehicle policy.
(e) The commercial general liability insurance required in Section 25( c) and (d), above
shall include an endorsement naming the City, the Agency and their elected officials, officers, attorneys,
agents, and employees as additional insureds for liability arising out of this Agreement and any operation
related thereto.
(f) If any of the insurance coverage required under the Agreement is written on a
claims-made basis, such insurance policy shall provide an extended reporting period continuing through
the sixth (6th) anniversary following the date of completion of the Remediation Project by the Property
Owner.
(g) On the Effective Date, evidence of the insurance described in Section 25(c) and in
compliance with the other applicable requirements of this Section 25 shall be furnished to the Agency by
the Property Owner, in the form of a certificate of insurance. In addition, on or before the date of
commencement of the Remediation Project, evidence of the insurance described in Section 25(d) and in
compliance with the other applicable requirements of this Section 25 shall be furnished to the Agency, in
the form of a certificate of insurance. Receipt of evidence of insurance that does not comply with the
above requirements shall not constitute a waiver of the insurance requirements set forth above.
(h) The insurance coverage required to be maintained and/or provided by the Property
Owner or caused by the Property Owner to be maintained and/or provided by others, under this
Agreement shall not be reduced, modified, or canceled without thirty (30) days prior written notice to the
Agency. Also, phrases such as "endeavor to" and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company" shall not be included in the cancellation wording of
all Certificates of Insurance or any coverage for the Agency. The Property Owner shall immediately
obtain or cause to be obtained, replacement coverage for any insurance policy that is terminated,
canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that
issued the policy.
-]5-
SB2002:30903.2
19
(i) All insurance shall be issued by a company or companies listed in the current
"Best's Insurance Guide" publication with a minimum of a "A(v)" rating and be an insurance company
admitted to do business in the State of California by the State of California Department of Insurance.
(j) All insurance provided under this Agreement, shall be primary to and not
contributing to any other insurance maintained by the Agency. Insurance coverage in the minimum
amounts set forth herein shall not be construed to relieve the Property Owner for any liability, whether
within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that
issues the coverage; nor shall it preclude the Agency from taking such other actions as are available to it
under any other provision of this Agreement or otherwise in law. Failure by the Property Owner to
maintain or to cause to be maintained, all such insurance described in this Section 25 in effect at all times
required by this Agreement, shall be an event of default by Property Owner. The Agency, at its sole
option, may exercise any remedy available to it in connection with such an event of default, including,
without limitation, purchasing any required insurance coverage at the Property Owner's sole cost and
expense.
Section 26. Force Majeure. The failure of either party to timely perform any obligation
contained in this Agreement shall not constitute a default by such party if such party's performance is
delayed or prevented by any act or event occurring beyond the reasonable control of such party ("Force
Majeure"). Force Majeure shall include, without limitation, acts of God, landslides, lightning,
earthquakes, tornadoes, and other adverse and inclement weather, fires, explosions, floods, acts of public
enemy, wars, blockades, insurrections, riots or other civil disturbances, labor disputes, strikes, work
slowdowns, or work stoppages, orders or judgments of any Federal, State or local court, administrative
agency or governmental body (if not the result of the negligent or willful act of the party relying thereon),
power failures and outages affecting the Remediation Project, and any other similar event, including a
change in law, regulation, ordinance or permits, provided the foregoing is beyond the reasonable control
of the party claiming Force Majeure. All dates specified for performance contained herein shall be tolled
for the period of any Force Majeure; provided, however, that the party claiming the existence of the Force
Majeure must provide the other party with written notice of the Force Majeure within fifteen (15)
calendar days of the occurrence. The inability of the Property Owner to obtain a satisfactory commitment
from a lender for the Remediation Project, which is not caused by a default of the Agency, shall not be
deemed to be a Force Majeure or otherwise provide grounds for the assertion of the existence of a delay.
The parties hereto expressly acknowledge and agree that changes in either general economic conditions or
changes in the economic assumptions of any of them which may have provided a basis for entering into
this Agreement and which occur at any time after the execution of this Agreement, are not Force Majeure
events and do not provide any party with grounds for asserting the existence of a delay in the performance
of any covenant or undertaking arising under this Agreement. Each party expressly assumes the risk that
changes in general economic conditions or changes in such economic assumptions relating to the terms
and covenants of this Agreement could impose an inconvenience or hardship on the continued
performance of such party under this Agreement, but that such inconvenience or hardship is not a Force
Majeure event and does not excuse the performance by such party of its obligations under this
Agreement. Furthermore, delays resulting from submittal of incomplete or defective information,
-16-
SB2002:30903.2
19
applications, plans or drawings to any governmental agency, including the City, by the Property Owner
shall not be a Force Majeure event.
[SIGNATURE PAGE FOLLOWS]
-17-
S82002:30903.2
19
THIS 2002 PROPERTY OWNER REDEVELOPMENT AGREEMENT is dated as of
October ---.2.L, 2002, and is executed by the authorized officers of the Property Owner and
the Agency, as evidenced by the signatures of each of them appearing below.
Date:
lollt I () ~
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Its: _VI (. of
PROPERTY OWNER
By:
AGENCY
Date:
/t:/.-zl h2-
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By:
By:
-18-
SB2002:30903.2
19
VICINITY MAP OF THE PROPERTY
EXHIBIT "A"
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LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT "B-1"
EXHIBIT "A"
THE NORTH 965 FEET OF THE WEST 840 FEET OF LOT 8, BLOCK 72, RANCHO SAN
BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID
COUNTY.
EXCEPTING THEREFROM THAT PORTION OF LOT 8, BLOCK 72, RANCHO SAN BERNARDINO,
AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF WATERMAN AVENUE, DISTANT THEREON
527.64 FEET SOUTH OF THE NORTH LINE PRODUCED OF SAID LOT 8; THENCE NORTH 83
DEG. 01' 00" EAST, 50.33 FEET; THENCE SOUTH 0 DEG. 26' 54" EAST, 403.09 FEET; THENCE
NORTH 89 DEG. 33' 06" EAST, 90 FEET; THENCE SOUTH 0 DEG. 26' 54" EAST, 40 FEET, TO THE
SOUTH PROPERTY LINE OF THE LAND CONVEYED TO V.H. ALCHIAN AND JOE SETO, BY DEED
RECORDED IN BOOK 1055, PAGE 341, OFFICIAL RECORDS; THENCE WEST ALONG SAID
PROPERTY LINE 140 FEET TO A POINT ON THE SAID CENTER LINE OF WATERMAN AVENUE;
THENCE NORTH 0 DEG. 26' 54" WEST, ALONG SAID CENTER LINE, 437.36 FEET TO THE POINT
OF BEGINNING, CONVEYED TO COUNTY OF SAN BERNARDINO BY DEED RECORDED IN
BOOK 5136, PAGE 82, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTH 965 FEET OF THE WEST 840
FEET OF LOT 8, BLOCK 72, RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK
7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED IN DEED RECORDED MAY 4,
1935, IN BOOK 1055, PAGE 341, OFFICIAL RECORDS, SAID PORTION MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF WATERMAN AVENUE (AN
82.50 FOOT STREET) WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID
LOT 8; THENCE ALONG SAID PROLONGATION, SOUTH 89 DEG. 08' 15" EAST (RECORDED
SOUTH 88 DEG. 09' 39" EASTl, 41.25 FEET TO THE TRUE POINT OF BEGINNING, IN THE EAST
LINE OF SAID WATERMAN AVENUE; THENCE SOUTH 0 DEG. 36' 42" WEST, ALONG SAID EAST
LINE 527.79 FEETi THENCE NORTH 84 DEG. 04' 36" EAST, 47.27 FEET; THENCE
NORTHEASTERLY 821.07 FEET ALONG A TANGENT CURVE TO A POINT IN THE EAST LINE OF
THE SAID NORTH 965 FEET OF THE WEST 840 FEET OF SAID LOT 8, SAID TANGENT CURVE
DESCRIBED AS BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 3013.76 FEET
AND A CENTRAL ANGLE OF 15 DEG. 36' 35"; THENCE NORTH 00 DEG. 36' 42" EAST ALONG
THE EAST LINE OF THE NORTH 965 FEET OF THE WEST 840 FEET OF LOT 8, A DISTANCE OF
315.66 FEET TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE NORTH LINE OF
SAID LOT 8, NORTH 89 DEG. 08' 15",840.00 FEET TO THE TRUE POINT OF BEGINNING.
DEPICTION OF THE PROPERTY
EXHIBIT "B-2"
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DRAFTCLOSUREPLAN~ORKPLAN
EXHIBIT "c"
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POST CLOSURE LAND USE PLAN
LANDFILL AT THE NORTHEAST CORNER OF
VANDERBILT WAY AND WATERMAN AVENUE
SAN BERNARDINO, CALIFORNIA
>
July 2, 2001
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This documellt was prepared for use only by tbe client, only the purposes stated. and within a reasonable time from issuance. Non-commerciaJ,
educational and scientifIC use of thb report by regulatory agencies is regarded as a "fair use" aod Dot a violation of cop,yrigbt. Regulatory
agencies IDlY make additional copies of tbis documeot for internal use. Copies may also be made available to the puhlic as required by law. The
reprint must acknowledge tbe copyrigbt and indicate tbat permission to reprint bas been received.
I
56-2079-01/5621R244
Copyright 200 I Kleinfelder, Inc.
July 2. 200]
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Report Prepared for:
BP California, A California Corporation
c/o Ms. Margaret Thomas
Conley Commercial Real Estate
201 South Lake Avenue, Suite 503
Pasadena, California 911 01
POST CLOSURE LAND USE PLAN
LANDFILL AT THE NORTHEAST CORNER OF
V ANDERBIL T WAY AND WATERMAN A VENUE
SAN BERNARDINO, CALIFORNIA
Kleinfelder File No. 56-2079-01.002
Prepared by
:....-~A-- L \--~
Carlos A. Campos II
Environmental Staff Professional
Reviewed by
~ lJJ 0 !!eJA..-
Michael O. Cook, RG, CEG
Senior Geologist
KLEINFELDER, INC.
1940 Orange Tree Lane
Redlands. California 92374
(909) 793-2691
July 2,2001
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TABLE OF CONTENTS
SECTION
PAGE
1. INTR 0 D U CTI ON....................... ............................. ........................ .......... ......... ........ .......1
1.1 Site Description........................................................................................................1
1.2 Site History ............ ................... ............. ...... .................... ...... ........... ...... .................2
1.2.1 Previous Investigations ................................................................................3
1.2.2 Limits of Landfill Debris .............................................................................9
1.2.3 Metal Impacted Landfill Debris...................................................................9
1.2.4 Groundwater ..............................................................................................10
1.3 Existing Site Features ............................................................................................11
1.4 Site Access .............................................................................................................12
1.5 Topography ............................................................................................................12
1.6 Surrounding Land Use ...........................................................................................12
1.7 Future Site Land Use .............................................................................................13
1.8 Regulatory Requirements.......................................................................................13
2. ENVIRONMENTAL S E TTIN G....... ........................... ...... ...... .................. ..... ........ ...... .15
2.1 Climatology ...........................................................................................................15
2.2 100- Y ear FLOOD ..................................................................................................15
2.3 Weather Stations ....................................................................................................15
2.4 Temperature ...........................................................................................................15
2.4.1 Normal Annual Precipitation .....................................................................16
2.4.2 1 00- Year 24-Hour Precipitation ................................................................16
2.4.3 Prevailing Wind Direction .........................................................................16
2.4.4 Evapotranspiration .....................................................................................17
2.5 Geologic Setting.....................................................................................................17
2.5.1 Regional Geology ......................................................................................17
2.5.2 Site Geology...............................................................................................17
2.5.3 Hydrogeology.......... ............ ........ .................... ......... ............... ............ ..... .18
3. ENVIRONMENTAL ASSESSMENT RESULTS ........................................................19
3.1 Water Quality Solid Waste Assessment Test.........................................................19
3.2 Other Investigations ...............................................................................................21
4. CLOSURE OF THE BP LANDFILL ............................................................................24
4.1 Removal of Structures (27 CCR 921790, 921137) ................................................24
4.2 Site Security (27 CCR 921790, 921135) ...............................................................24
4.3 Decommissioning of Environmental Controls (27 CCr 921790, 921137) ............25
4.4 Closure Plan (27 CCr 921090, 921810).................................................................25
4.4.1 Site Preparation. .......... ............................................................................. ..25
4.4.2 Limits of Landfill Debris Remova1............................................................26
4.4.3 Excavation and Debris Disposal................................................................26
4.5 Processing of Debris ......... .................. .............................................................. .....2 7
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4.6 Fill Placement ................................... ........ ........................ .... ......... ... .......... ......... ..2 7
4.7 Final Cover Profile (27 CCR-921790, 921140, S21090).......................................29
4.8 Final Grading (27 CCR S21 090, S21142)..............................................................30
4.9 Settlement (27 CCR 921 090).................................................................................30
4.10 Surface Drainage (27 CCR 921090,921150)........................................................30
4.11 Chemical Soil/Waste testing ..................................................................................31
4.11.1 Procedures for Environmental Soil Sampling............................................31
4.11.2 Sampling Locations ...................................................................................31
4.11.3 Soil Sampling.............................................................................................32
. CI' ~..,
4.11.4 EquIpment earung....................................................................................J_
1 C . ~..,
4.11.5 Samp e ontaulers ......................................................................................J_
4.11.6 Decontamination Procedures .....................................................................33
4.12 Sample Documentation and Shipment...................................................................33
4.12.1 Chain-of-Custody ....................... ........ ............. ....................................... ....34
4.13 Disposal of Residual Materials ..............................................................................34
4.14 Groundwater Monitoring Network (27 CCR 921090, 920380 920420)................35
4.15 Landfill Gas Monitoring and Control Systems (27 CCR 921090,921160,920921,
920925) .................................................................................................................. 3 5
4.16 Laboratory Analysis ...............................................................................................36
4.17 Site Surveys (27 CCR 921090)..............................................................................37
4.18 Construction Documents (27 CCR 921090)..........................................................37
4.19 Closure Schedule (27 CCR 921090, S21110, 921790, 921800)............................37
4.20 Closure Costs (27 CCR 921800) ...........................................................................37
4.21 Closure Report .......................................................................................................38
4.22 Emergency Response Plan (27 CCR 921130, 921132) .........................................38
5. REFEREN CES................... ..... ....... ............. ....... ........... ....... ........... ............ ................. ....3 9
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Table 1
Table 2
Table 3
Table 4
Table 5
Table 6
Table 7
Plate 1
Plate 2
Plate 3
Plate 4
Plate 5
Plate 6
Appendix A
Appendix B
Appendix C
LIST OF TABLES
Regulatory Closure Checklist: Title 27, California Code of Regulations,
Division 2, Subdivision 1
Mean Monthly Temperatures
Monthly Precipitation Normals
Mean Monthly Wind Directions
Normal Year Evapotranspiration Data
Landfill Closure Schedule
Closure Cost Estimate
LIST OF PLATES
Site Map
Test Pits, Monitoring Wells, and Landfill Gas Probes
Limits of Landfill Debris
Debris Removal Limit Map
General Landfill Cover Profile
Intensity - Duration-Frequency Curve
LIST OF APPENDICES
Construction Quality Assurance Manual
Emergency Response Plan
Application for Authorization to Use
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1. INTRODUCTION
Kleinfelder, Inc. (Kleinfelder) on behalf of BP California prepared this Post Closure Land Use
Plan for the approximately 9.S-acre vacant unpermitted landfill site in the City of San
Bernardino, California. The unpermitted landfill (hereinafter referred to as the Site) is located at
the northeast comer of V anderbilt Way and Waterman Avenue. The site location. site boundary
and topography are shown on Plate 1- Site Map. The purpose of this Closure Plan is to comply
with the following regulations pertaining to the closure of the Site:
. Title 27 of the California Code of Regulations (27 CCR), Division 2, Subdivision 1 for Class
III Solid Waste Landfill Closures, as required by the San Bernardino County Department of
Public Health Department of Environmental Health Services (SBCDEHS/LEA), California
Integrated Waste Management Board (CIWMB) and the California Regional Water Quality
Control Board, Santa Ana Region (RWQCB).
. The Site is currently inactive and has not operated as a landfill for 46 years. The Site has
received a No Further Action Required letter from the California Regional Water Quality
Control Board - Santa Ana Region (RWQCB), dated June 11, 1997. The No Further Action
Required letter stipulated that future site development will be required to be in accordance
with existing zoning (CR-3), Redevelopment Plan, and local ordinances that will result in a
use that will reduce the infiltration of water through the landfill.
This Post Closure Land Use Plan contains all pertinent tables, illustrations, appendices, and
references to be reviewed as an independent document.
1.1 SITE DESCRIPTION
The Site is bound by the Santa Ana River to the north, Vanderbilt Way to the south, Waterman
Avenue to the west, and the closed Waterman Landfill and a City of San Bernardino Fire Station
to the east. The site is currently relatively level land with a perimeter chain link fence.
The Site is at an approximate elevation of 1010 feet above mean sea level (MSL). Based on
survey control conducted by Project Design Consultants (PDq of Temecula. California, the Site
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surface elevation is 1018 feet above MSL in the southeast comer and decreases to 1007 feet
above MSL near the northwest comer.
The Site is located in Section 23, Township 1 South, Range 4 West, San Bernardino Baseline
and Meridian (340 4' N latitude, 1170 16' W longitude). The Site occupies an area of
approximately 9.5 acres comprised of one parcel [San Bernardino County Assessors Parcel
Number (APN) 281-341-06].
Based on numerous investigations conducted at the Site, the landfill waste consists of mostly
concrete rubble and glass bottles with a sandy soil matrix along with lessor amounts of organic
debris, rock, isolated bum areas, rubber tires, and metal. The total volume of landfill debris is
estimated at approximately 110,000 cubic yards.
1.2 SITE HISTORY
The Site is an unpermitted, unlined Class III solid waste unit that is now closed to all municipal
dumping. The Site was operated as an unpermitted landfill from 1938 to 1955 or 1956. Since
the mid-1950's the site has remained vacant-undeveloped land. BP California acquired the Site
(through a predecessor company) from Blackland Properties, Inc. in 198] and is the current
property owner. The site continues to be inactive, and has received a No Further Action
Required letter from the California Regional Water Quality Control Board - Santa Ana Region
(RWQCB), dated June] 1, 1997. The letter from the RWQCB stipulated that future site
development would be required to be in accordance with existing zoning (CR-3), Redevelopment
Plan, and local ordinances that will result in a use that will reduce the infiltration of water
through the landfill. The Site has been under RWQCB oversight for over 10 years.
Previous investigative work conducted by others on the Site includes the following:
· Preliminary Soillnvestigation and Dump Delineation by Pioneer Consultants in ] 982,
. Environmental Audit by BCL Associates, Inc. in 1987,
· Solid Waste Assessment Test (SWAT) by Woodward-Clyde Consultants in 1989,
· Groundwater Monitoring by Woodward-Clyde Consultants from 1989 to 1996, and
. Geotechnical Investigation by NorCal in 1999.
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In November 2000, Krazan & Associates, Inc., completed a Phase I Environmental Site
Assessment, Engineering Geology Investigation, and a Geotechnical Engineering Investigation
for the westerly 2.3 acres of the Site. These investigations were conducted for Extended Stay
America.
Kleinfelder was retained by BP California to conduct a Site Characterization Study in
December 2000 to evaluate the vertical and lateral limits of the landfill debris and conduct a
limited soil vapor gas screening survey along the eastern property boundary. The locations where
test pits were excavated and landfill gas probes were installed are shown on Plate 2-Test Pits,
Monitoring Wells, and Landfill Gas Probes
1.2.1 Previous Investigations
The following is a summary of the previous investigation conducted on the Site:
Pioneer Consultants, 1982
In July 1982, Pioneer Consultants (Pioneer) completed a Preliminary Soil Investigation and
Dump Delineation report of the Site. A total of thirteen (13) borings were drilled to depths
between 1.5 feet and 30 feet below ground surface (bgs) within the central portion of the landfill
to delineate the presence of dump debris and to investigate the subsurface soils. Results of the
investigation are presented in their report entitled, Preliminarv Soil Revort and Dumv
Delineation. vrevared bv Pioneer Consultants. dated Julv 19. 1982.
BCLAssociates, 1nc., 1987
In November 1987, BCL Associates, Inc. (BCLA) was contracted by BP California to perform a
Preliminary Environmental Audit of the BP Landfill. Based on historical reviews and site
reconnaissance, BCLA concluded that the site was in operation between 1938 and 1956 as an
unpermitted landfill, which entailed casual dumping of industrial and commercial waste and
possible paint products. Their recommendations were for further investigation to be conducted
to evaluate the nature, extent and significance of any chemical contamination. Results of the
audit are presented in their report entitled, Preliminan' Environmental Audit. vrepared bv BCL
Associates. lnc.. dated November 1987.
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Woodward-Clyde Consultants, 1989
Woodward-Clyde Consultants (WCC) conducted a Solid Waste Assessment Test (SWAT) in
July 1989 to evaluate the concentrations of metals, pesticides and Volatile Organic Compounds
(VOCs) in soil and groundwater at the site. Concentrations of lead, copper, and cadmium in soil
were found to be elevated, exceeding their respective Soluble Threshold Limit Concentrations
(STLe) and their Total Threshold Limit Concentrations (TILC) values that defme hazardous
wastes. It was also found that pH values exceeded regulatory limits and it was recommended
that the soil in these areas be excavated and disposed of offsite. The concentrations for VOCs
were below detection limits. Results of the investigation are presented in their report entitled.
Solid Waste Assessment Test (SWAT! Report for Blackland Properties Site Located in San
Bernardino. California. prepared by Woodward-Clyde Consultants. dated lull' 13. 1989.
Woodward-Clyde Consultants, 1994
After the review of the SWAT prepared by WCC in July 1989 the California Regional Water
Quality Board-Santa Ana Region (RWQCB) requested two consecutive quarterly groundwater
monitoring events be performed prior to their review of the SWAT report. Based on their initial
groundwater monitoring, WCC concluded that groundwater levels decreased an average of
0.70 feet between June 8, 1994 and March 29, 1994 possibly due to regional groundwater
elevation decrease in response to seasonal groundwater fluctuations. It was also reported that
groundwater was impacted with concentrations of nitrate, sulfur, total dissolved solids (TDS),
cadmium, selenium, and selenium above the 1994 state or federal Primary or Secondary
maximum contaminates levels (MCLs). However, these contaminants were detected in an
upgradient well indicating an origin upgradient of the Site. TetracWoroethane (PCE) was also
detected in two monitoring wells, however concentrations were lower than state and federal
MCLs. Results of the investigation are presented in their report entitled, Groundwater
Monitorinf! Addendum to the Solid Waste Assessment Test (SWAT! Report dated lull' 1989 for
the Tri-Cites (BP California) Site Located in San Bernardino California. prepared bv
Woodward-Clyde Consultants. dated AUf!ust 1994.
Woodward-Clyde Consultants, 1996
After the review of the SWAT prepared by WCC in July 1989 and the Groundwater Monitoring
Addendum to the SWAT report dated July 1989, dated August 1994, the R WQCB requested two
additional quarterly groundwater monitoring events to be conducted on the site. The results
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presented by WCC of their fmdings were similar to those in their previous monitoring event with
the addition of analysis of Total Petroleum Hydrocarbons (TPH) in monitoring well MW-1 with
concentration of 0.35 J.Lg/I. In addition, concentrations of impacts to groundwater were
consistently detected above the MCLs in the upgradient well indicating an origin upgradient of
the Site. Results of the investigation are presented in their report entitled. Second Groundwater
Monitorinf! Addendum to the Solid Waste Assessment Test (SWAT! ReDort dated Jull' 1989 For
the Tri-Cites (BP California) Site Located In San Bernardino. California. Groundwater
samDling for the third and fourth Quarters. 1995. DreDared bl' Woodward-Clvde Consultants.
dated April 1996.
Woodward-Clyde Consultants, 1996
WCC performed a soil sampling investigation at the site in September 1995. The purpose of the
investigation was to further evaluate the high lead concentrations of soil reported in the SWAT
dated July 1989. Three soil borings were drilled to a depth of 26.5 bgs. Eighteen soil samples
were collected and sent to a California certified laboratory for analysis of lead in accordance
with the California Waste Extraction Test (WET) method. Sample results revealed
concentrations of soluble lead ranging from 0.3 mg/l to 139 mg/I. The highest concentrations
were found to be in samples collected at 10 feet bgs. Eight samples had concentrations above the
California regulatory limit of 5 mg/I. Results of the investigation are presented in their report
entitled, Soil SamDlinf! ReDort DreDared bv Woodward-Clvde Consultants. dated Sevtember 19.
1996.
NorCal Engineering, 1999
NorCal performed a geotechnical investigation at the site in September 1999. The purpose of the
investigation was to investigate the subsurface conditions at the site and provide preliminary
geotechnical engineering design parameters for the future development of the property. Eight
borings were advanced to depths of up to 50 feet bgs. During the investigation soils were
visually classified and logged by a field engineer and depths at which groundwater was
encountered were recorded. Recommendations for future development included engineering
design, which would take into account liquefaction, grading recommendations, removal and
recompaction and shrinkage and subsidence. Results of the investigation are presented in their
report entitled, Geotechnical Investigation DreDared bv NorCal Enf!ineering. dated October 8.
1999.
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Krazan & Associates, Inc., 2000
Krazan & Associates, Inc. completed an Engineering Geology Investigation for Extended Stay
America for the proposed construction of a 4-story hotel building on approximately 2.3 acres on
the western portion of the subject site. Krazan' s investigation concluded "no evidence has been
found that would indicate that an active fault or slope failure potential exists on the subject site. ",
"the site is considered subject to strong seismic groundshaking", and "liquefaction potential at
the site is considered moderate." Results of their investigation are presented in the report entitled.
Engineerinf! Geolof!V lnvestif!ation Proposed Extended Stav America Hotel No. 8822. Vanderbilt
Wav and Waterman Avenue. San Bernardino. San Bernardino Countv. California. prepared hv
Krazan & Associates. lnc.. dated November 10. 2000.
Krazan & Associates, Inc., 2000
Krazan & Associates, Inc. also completed a Geotechnical Engineering Investigation for
Extended Stay America to investigate the soil and groundwater conditions and to provide
geotechnical recommendations for development of the proposed Extended Stay Hotel on the
westerly 2.3 acres of the Site. Their evaluation of the property included a description of the
debris and fill material at the site to a depth of 15 feet bgs, recommendation for excavation of the
landfill material, segregation and reuse of some of the concrete debris, geogrid reinforcement
during fill placement and foundation recommendations for the proposed project. Results of the
investigation are presented in their report entitled, Geotechnical Enf!ineerinf! lnvestif!ation
prepared bv Krazan & Associates. lnc.. dated November 10. 2000.
Krazan & Associates, Inc., 2000
Krazan & Associates, Inc. also completed a Phase I Environmental Site Assessment for
Extended Stay America to evaluate the presence of recognized environmental conditions that
may exist at the subject site. Their report reiterated the BeLA comments that the northwest
comer of the subject site was rumored to have been utilized for the disposal of paint and paint-
related waste materials. Additional concerns included potential landfill gas generation from the
decomposition of organic materials that may be present within the landfill debris. A Phase II
Environmental Site Assessment was recommended to be conducted on the site to evaluate the
area of possible paint related waste, the presence of soil-vapor gas and soil impacted with metal.
Results of the Phase I Environmental Site Assessment are presented in their report entitled,
Phase I Environmental Site Assessment. Proposed Extended Stav America Hotel. Northeast
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Corner of Waterman Avenue and Vanderbilt Wav. San Bernardino. California. lJrelJared bv
Krazan & Associates. IncH dated November 20. 2000.
Kleinfelder, Inc., 2001
Kleinfelder completed a Site Characterization Study for the subject site in January 2001.
Observations made during this study found that the majority of the Site debris consisted of
concrete construction debris mixed with soil, which may be processed onsite and utilized as
compacted backfill. Metal, organic or other deleterious materials within the landfill should be
removed and disposed of off site in accordance with local, state and federal regulations for waste
management. Based on the data compiled during this site characterization, Kleinfelder
recommended that a clean closure plan be implemented for the site in accordance with Title 27
of the California Code of Regulations CCR S21090 (t) (Closure and Post-Closure Maintenance
Standards for Disposal Sites and Landfills - Optional Clean Closure), and S21810 (Final Closure
Plan Requirements for Clean Closure) and the California Integrated Land Management Board
(CIWMB), (LEA Advisory No. 16 Guidelines, dated September 26, 1994 for clean closure).
However, following completion of a preliminary cost study, the landfill debris within the
northern restricted development zone will be left-in-place and a Post Closure Land Use Plan will
be implemented for the site.
During the Site Characterization Study the installation of four temporary landfill gas probes was
implemented to assess the presence and concentration of landfill gas (LFG) (i.e., methane,
hydrogen sulfide, volatile organic compounds, etc.). The LFG probes were evenly spaced along
the east property border adjacent to the former Waterman Landfill. Vapor samples collected
were analyzed for VOCs using EPA Method 8260B. Laboratory results indicated that VOCs
were reported to be below laboratory screening levels and returned a result of ND or less than the
Practical Quantitation Limit (PQL) of 0.2 ppmV. Vapor samples were also analyzed for methane
by EPA Method TO-14 using GC/FID. Laboratory results indicated that Methane was below
laboratory screening levels and returned a result ofND or less than the PQL of 20 ppmV. The
methane analytical results indicate compliance with CCR Title 27 Division 2 S20921 (a) (2) (Gas
monitoring and control during closure and post closure).
The purpose of the Post Closure Land Use Plan is to establish a closure method to process
construction material and/or remove refuse from the disposal site, reduce the need for post-
closure maintenance and to prepare the site for post-closure land use. Implementation of the
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closure plan was recommended to incorporate Extended Stay America development plans that
are proposed for the western portion of the site.
A soil screening program was recommended be prepared and implemented for future grading
involving off-site disposal of site refuses/soil mixtures (verses on-site reuse). The purpose of
this action would be so that appropriate off-site receiving facilities are identified for landfill
material disposal. Results of the investigation are presented in their report entitled. Site
Characterization Studv prepared bv Kleinfelder. Inc.. dated Februarv '27. 2001.
Krazan & Associates, Inc., 2001
Krazan & Associates, Inc. completed a soil and groundwater investigation for the westerly
2.3 acres of the Site for the proposed Extended Stay America. This investigation included the
advancement of 24 borings using a GeoProbe ™ type subsurface sampling equipment. A total of
48 shallow soil samples, six (6) four-part composite soil samples, five (5) groundwater samples,
and six (6) soil vapor samples were collected and submitted for chemical analysis. Low
concentrations of Tetracholoroethene (PCE) were detected in 9 of the 48 shallow soil samples.
No other volatile organic compounds (VOCs) were detected in the soil or groundwater. The six
(6) composite soil and five (5) groundwater samples were analyzed for Title 2: metals,
pesticides, polychlorinated biphenyls (PCBs), and polynuclear aromatic hydrocarbons (PNAs).
The composite soil samples did not contain PNAs, PCBs or pesticides in concentrations greater
than the laboratory detection limits. The metals detected in the composite soil samples, except
for lead, were below the EPA preliminary remediation goals (PRGs) for industrial use. The
metals detected are considered to be naturally-occurring background concentrations. The EP A
established PRG for lead in a residential setting is 400 mg/Kg and 750 mg/Kg for and industrial
setting. Based on the results of the soil and groundwater investigation groundwater has not be
impacted with VOCs, PNAs, PCBs, pesticides, or metals. The primary contaminate of concern
is the soil lead concentrations which do not exceed EP A PRGs but are near the TTLC to classify
the waste as a hazardous waste. Four borings were advanced in the northwest corner of the
subject site where it had been speculated that the disposal of paint and paint-related waste
materials might have taken place. No paint or paint-related waste materials were encountered
during their investigation. Of the six (6) soil vapor samples collected, four (4) samples did not
contain concentrations of methane or hydrogen sulfide in concentrations greater than the
laboratory reporting limits. Two (2) samples were reported to contain low concentrations of
methane at 6 and 12 parts per million vapor (ppmv). Results of the soil and groundwater
investigation are presented in their draft report entitled, Soil and Groundwater Investigation,
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Provosed Extended Stav America Hotel #88221. Northeast Corner of Waterman Avenue and
Vanderbilt Wall. San Bernardino. California. vrevared bl' Krazan & Associates. Inc.. dated
Mal' 1.2001.
1.2.2 Limits of Landfill Debris
Kleinfelder on behalf of BP California performed a Site Characterization Study to evaluate the
limits of refuse across the approximately 9.5 acre site. Refuse was observed to a maximum
thickness of 15 feet within the boundaries of the landfill.
In general, the landfill debris was approximately 5 feet thick from the southern boundary along
Vanderbilt Way to approximately 200 feet north and approximately 15 feet thick from 200 feet
north of Vanderbilt Way to the northern boundary. The majority of the debris was observed to
consist of concrete rubble with sand. Other debris consists of glass/sand mixtures, with lessor
amounts of can and household debris, some tires and asphalt, Some burned areas were
discovered in the northwestern portion of the site.
A landfill cover of silty sand overlies the debris. This soil cover was variable in thickness from
less than one (I) foot to up to five (5) feet thick. Surface contours and the base of the landfill
debris are shown on Plate 3- Limits of Landfill Debris.
1.2.3 Metal Impacted Landfill Debris
In 1989 WCC advanced thirteen (13) soil borings and installed four monitoring wells at the site.
Soil samples were collected from each boring and well location and sent to a laboratory for
chemical analysis which included pH testing by EPA Method 9040/9045, Volatile Organic
Compounds by EP A Method 8240 (GC/MS), and metals by EP A Method CAM 17 Metals.
Results indicated that the Total Threshold Limit Concentration (TTLC) ranged from 270 to
2,300 mg/kg for Lead, 150 to 900 mg/kg for Copper, and 22 to 30 mg/kg for Cadmium.
Analysis results for soils for VOCs were below laboratory detection limits.
Elevated concentrations of metals were detected within the subsurface soils located near the
center of the site, coincident with the areas of suspected buried metal detected during their
previous geophysical survey on November 12 and 13, 1988 (WCC, July 13, 1989).
Concentrations of cadmium, copper, and lead were sufficiently elevated to potentially exceed
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their respective Soluble Threshold Limit Concentrations (STLC) of 1, 25, and 5 milligrams of
contaminant per liter of extractant (mg/l).
WCC conducted a soil sampling investigation in September 1995 in the area of the highest lead
concentration from the SWAT. Test results of the subsequent investigation ranged between
0.3 mg/l to 139 mgll. Eight (8) of the eighteen (I8) soil samples collected exceeded the
California regulatory limit of 5 mg/l (California Waste Extraction Test (WET) method). Three
borings were advanced to a depth of 26.5 feet bgs in the north-central portion of the site. One
surface sample was collected from each boring location and additional samples were collected at
five-foot intervals to depth. In general, lead concentrations were low at the ground surface and at
a depth of 25 feet bgs. The highest concentrations were between 10 feet bgs and 20 feet bgs
within the landfill debris.
Krazan completed a soil and groundwater investigation for the Extended Stay America portion of
the Site. The highest reported concentrations of lead for the composite soil samples range from
640mg/kg to 900 mg/kg.
Chemical analysis of samples collected from the excavated landfill debris, processed concrete
debris, landfill waste for export disposal and the exposed natural subgrade soils will be
performed during excavation to evaluate metal concentrations.
1.2.4 Groundwater
In March 1989 WCC completed four ground water monitoring wells (MW-1 through MW-4) at
the site to assess the potential contamination from the suspected area of paint products disposal
and elevated concentrations of lead, zinc, and reported in the SWAT. Groundwater monitoring
well MW-1 was placed upgradient in the landfill area to evaluate the quality of ground water
flowing onto the site.
The results of the ground water analysis were mostly below laboratory detection limits with
laboratory detection limits ranging between 0.002 and 1 mg/l. Copper and Lead detected in the
ground water samples were less than EPA Primary Maximum Concentration Levels (MCLs), the
maximum permissible level of contaminant in water delivered to the ultimate user of a public
water system (Code of Federal Regulations, Title 40, Section] 4].] ], revised July], ] 988).
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Reported concentrations of the VOCs and pesticides in the ground water samples analyzed were
all less than the laboratory detection limits which were between 0.05 and 20 /lgll. Total
Petroleum Hydrocarbons (TPH) were detected in ground water samples from MW-l. the
upgradient well, at a concentration of 5 mgll during the March 29, 1989 sampling round,
however, TPH were not detected during their subsequent sampling round on May 19, 1989.
Nitrate concentrations in ground water ranged between 0 and 20 mg/L which exceed the MCL of
10 mg/I. WCC concluded that a significant portion of nitrate in the ground water appeared to
originate upgradient based on elevated nitrate concentrations detected in MW -1, the upgradient
well.
Subsequently, WCC conducted a groundwater-monitoring addendum to the SWAT during
March and June 1994. Samples were analyzed for general chemistry (nitrate, total dissolved
solids (IDS), electrical conductivity, sulfate, alkalinity, hardness, pH), petroleum hydrocarbons
by EPA Method 418.1, CCR Title 22 Metals and mercury, pesticides and polychlorinated
biphenyls (PCBs) by EPA Method 8080, and volatile organic compounds (VOCs) by EPA
Method 8240.
Results of the metal analysis indicated that Cadmium and Selenium concentrations were detected
greater than the current state or federal Primary MCL however, those results are from the
upgradient well indicating an offsite source. Concentrations of pesticides and PCBs were less
than the laboratory detection limits of 0.05 to 20 /lg/I. Tetrachloroethane (PCE) was detected at
a concentration of 2 /lg/l. The California Department of Health Services and U.S. EP A Primary
MCL is 5 /lg/I. The remaining VOCs were less that the limits of detection.
The California Regional Water Quality Control Board - Santa Ana Region (RWQCB) reviewed
the soil and groundwater reports and issued a No Further Action Required letter dated June 11,
1997.
1.3 EXISTING SITE FEATURES
The Site is relatively level with approximately eleven feet of elevation difference across the site.
The site drains from the southeast comer at approximately 1018 feet MSL to 1007 feet MSL in
the northwest comer. A gently sloping apron of relatively flat land is present from the
southwestern edge of the landfill and along Vanderbilt Way to approximately 200 feet north of
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Vanderbilt Way. This area of the site contains the least amounts of debris, with portions
completely devoid of debris.
A 6-foot wide paved pedestrian pathway is along the southern and western perimeter of the site
with maintenance vehicle access to the Santa Ana River levee along the northern boundary. A
metal storm drain outlet is currently positioned beneath the pedestrian pathway in the northwest
corner of the site outside the perimeter fence. This outlet drains surface water from the north and
west street along Waterman Avenue.
An access road traverses along the top of the Santa Ana River flood levee along the northern
boundary of the Site. The property along the eastern boundary is the closed Waterman Landfill
and a fire station in the southwest corner of the Waterman Landfill property.
There are four monitoring wells located throughout the site, three within the fenced boundaries
of the site and one in the northwest corner outside of the fenced area. Groundwater monitoring
well locations shown on Plate 2.
1.4 SITE ACCESS
The site is accessed from Vanderbilt Way, a four-lane municipal road. The entrance IS
approximately 0.1 mile east of Waterman Avenue.
1.5 TOPOGRAPHY
The site has an elevation of 1007 to 1018 feet MSL across the landfill. The eXIstmg site
topography presented on Plate I is the most recent topographic information available. and is
based on a survey conducted in April 2001.
1.6 SURROUNDING LAND USE
To the north, across the Santa Ana River, the land use is residential and agricultural. Light
industrial parks and multi-story office buildings comprise the land usage on the East and South.
Along the western side of Waterman Avenue are several roadside services, including a restaurant
and motel.
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1.7 FUTURE SITE LAND USE
Future development will include, but will not be limited to, the construction of commercial office
space. The western approximate 2.3-acres of the project site adjacent to Waterman A venue is
proposed to be developed as an Extended Stay America hotel with asphalt pavement and other
appurtenant improvements (see Plate I). Development will be in accordance with existing
zoning (CR-3), Redevelopment Plan, and local ordinances for the site.
1.8 REGULA TORY REQUIREMENTS
Agencies regulating waste management units and having closure and post-closure maintenance
requirements applicable to closure of the site are summarized below. Table I provides a
regulatory checklist of issues covered in this Closure Plan that are required by 27 CCR.
San Bernardino County Department of Public Health (SBCDEHS)
The site last operated as an unpermitted Solid Waste Facility in 1955 or 1956. Records reviewed
and subsurface investigations present findings, which indicate that onsite compo sting did not
take place. Also, the site was not operational under any permits issued by the SBCDEHS/LEA
[state authorized Law Enforcement Agency (LEA) per 27 CCR 920517]). The SBCDEHS/LEA
is responsible for enforcement ofthe Final Closure and Post-Closure Maintenance Requirements
of 27 CCR Division 2, Subdivision I, Chapters 3 and 5, as overseen by the CIWMB and
RWQCB. Approval of this Post Closure Land Use Plan by the SBCDEHS/LEA will be required
prior to implementation.
California Regional Water Quality Control Board (RWQCB)
Based on Kleinfelder's Site Characterization Study (February 2001) the materials present within
the landfill would categorize it as a Class III landfill. This Post Closure Land Use Plan addresses
these requirements, as well as those applicable closure requirements of 27 CCR, Division 2,
Subdivision 1. Approval of this Post Closure Land Use Plan by the RWQCB will be required
prior to implementation of closure construction activities.
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California IntelITated Waste Management Board (CIWMB)
This Closure Plan addresses the applicable closure requirements of 27 CCR. Division ,.,
Subdivision 1, Solid Waste.
South Coast Air Ouality Management District (SCAOMD)
The South Coast Air Quality Management District is responsible for monitoring site operations
that affect air quality. There are no air pollution control measures at the site directed toward
minimizing fugitive dust emissions and controlling landfill gas migration. The cap and seasonal
groundcover has maintained low dust emissions. A recent limited landfill gas (LFG) survey has
indicated that although LFG may be present, it is in very low concentrations to undetectable
based on laboratory limits of detection (sampling done on the eastern boundary of the site at a
depth of5-feet bgs.).
Regulation 8, Rule 34 requires all landfill operators to collect and process landfill gases. Based
on existing information, the site is exempt from the rule because less than one million tons of
refuse are in place. The tonnage estimates based on the landfill footprint indicates that the current
tonnage is less than 500,000 tons.
California Environmental Oualitv Act (CEOA)
Pursuant to Public Resources Code, 921000, a Site Characterization Study for the landfill closure
was completed by Kleinfelder in 2001.
The closure of the Site is subject to Public Resources Code, Division 13 (Environmenta]
Quality), 921000, also known as the California Environmenta] Quality Act (CEQA); Chapter 2
921505. The potential impacts of the closure plan have not been fully evaluated to date pursuant
to CEQA.
Title 40. Code ofFederal Regulations (40 CFR. Parts 122. 123. and ]24)
This site was not required to submit a Notice of Intent for coverage under the General Permit for
storm water discharges (NPDES Permit).
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2. ENVIRONMENTAL SETTING
The environmental setting for the Site including climate flooding. local weather. regional and
site geology are presented in the following sections.
2.t CLIMATOLOGY
The climate of the region is Mediterranean (Subtropical Dry Summer). Winters are generally
cool and with modest precipitation while summers are moderate, primarily warm and windy with
abundant sunshine. Extreme temperature fluctuations are modified by the central proximity to
the high desert where altitude, for the most part, controls the weather, large amounts of
precipitation as rain and snow in the mountains and large diurnal temperature ranges. The high
altitudes create a rain shadow on the leeward sides of mountain ranges and low the desert where
high temperature, scant precipitation, large diurnal and annual temperature ranges, low relative
humidity, and little cloud cover are predominant.
2.2 tOO-YEAR FLOOD
The site is situated along the Santa Ana River and is subject to flooding along the northern
perimeter, which borders this water body. A search of the Flood Insurance Rate Map (FIRM)
database web site indicates the BP Landfill is within the 1 OO-year flood zone.
2.3 WEATHER STATIONS
Climatic data considered representative for the Site was obtained from the National Weather
Service (NWS). The nearest NWS weather stations is located at the San Bernardino Community
Hospital (San Bernardino SBOCl Station Number 047723, latitude 340 08' N, longitude 1170
16' W; elevation 1125 feet MSL). San Bernardino Community Hospital is located approximately
4 miles northwest of the Site.
2.4 TEMPERATURE
The mean, maximum and minimum monthly temperatures [degrees Fahrenheit (F)] recorded
during the 73-year period from 1927-2000 at San Bernardino Community Hospital Weather
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Station are presented in Table 2. The mean high and low temperatures for January and July
recorded at the San Bernardino Community Hospital Weather Station over the 73-year period of
record are shown below:
January
July
84.120F
72.44 OF
Mean High Temperature
Mean Low Temperature
58.31 ~
39.950F
2.4.1 Normal Annual Precipitation
Monthly and annual precipitation data recorded at the San Bernardino Community Hospital
Weather Station for the 73-year period of 1927 through 2000 were used in calculating the normal
annual precipitation of 15.42 inches (see Table 3). Average monthly rainfall data indicates that
over 96 percent of precipitation occur between the months of November and April, and
53 percent occurs between the months of January and March.
2.4.2 lOO-Year 24-Hour Precipitation
Kleinfelder obtained an intensity-duration-frequency (IDF) curve for the City of San Bernardino,
which was based on 73 years of precipitation data collected at the San Bernardino Community
Hospital Weather Station. The IDF curve for a 1 DO-year, 24-hour precipitation event indicates a
I-hour rainfall rate of 0.33 inches per hour that would result in 8 inches of precipitation for a 24-
hour period.
2.4.3 Prevailing Wind Direction
Wind conditions at the site are likely to be similar to prevailing wind experienced at former
Norton AFB. Norton AFB is located approximately 3 miles northeast of the site. Historical data
from Norton AFB indicates that the average wind speed is 3.91 mph (3.4 knots) with a prevailing
direction from the WSW. The monthly normal predominant wind direction and speed recorded
at Norton AFB are presented in Table 4.
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2.4.4 Evapotranspiration
California Department of Water Resource, Division of Planning and Local Assistance presented
evaporation data recorded at the San Bernardino County Weather Station. Evaporation data are
no longer collected and Department of Water Resources (DWR) now provides
evapotranspiration (ET) data through the California Irrigation Management Information System
database. Representative ET data for the Site is presented in Table 5. The reference crop used
for the CIMIS program is grass, which is close clipped, actively growing, completely shading the
soil, and well watered.
2.5 GEOLOGIC SETTING
2.5.1 Regional Geology
The Site lies within the San Bernardino Valley along the boundary between the
Ranges-Geomorphic Province to the south and the Peninsular Traverse-Ranges to the north. The
San Bernardino Valley is a broad alluvial filled valley, which lies in the rift between the San
Andreas Fault zone on the northeast and the San Jacinto fault zone on the southwest. These
alluvial deposits beneath the site are estimated to be 900 to 1,000 feet thick.
The San Jacinto Fault zone is a regional groundwater barrier in the San Bernardino area. This
fault forms the western boundary of the Bunker Hill-San Timoteo Groundwater Basin.
2.5.2 Site Geology
The surficial geology of the Site is dominated by artificial fill material and recent alluvium
(Kleinfelder, 2001). The artificial fill is composed oflandfill debris consisting of concrete rubble
and glass/sand mixtures, with lessor amounts of can and household debris, some tires and
asphalt. Some burned areas were discovered in the northwestern portion of the site.
Fluvial and alluvial fan deposits of Quaternary age underlay the artificial fill. Gravel, sand, silt
and clay alluvial sequences are found in the site vicinity. The sequence of sediment was
deposited during the Pleistocene and Holocene time during the uplift of the surrounding
mountain ranges.
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2.5.3 Hydrogeology
The site lies within the Bunker Hill Hydrologic Basin of the Upper Santa Ana River Drainage
Province. The Bunker Hill Basin, in general, is bordered on the north by the San Bernardino
Mountains, on the east by the Redlands fault, Crafton Hills and a line between the Crafton Hills
and the San Bernardino Mountains. The Banning Fault and a line extending from the Banning
Fault to the San Jacinto Faults defme the southern boundary. The San Jacinto fault forms the
western boundary.
The Bunker Hill Basin is subdivided into seven sub-basins based on groundwater flow within the
entire basin. These sub-basins are: the Main Bunker Hill Basin, the Redlands, Mentone, Mill
Creek, Greenspot, Mill Creek Canyon and Santa Ana Canyon.
The Site is situated within the southeast comer of the Main Bunker Hill Basin approximately 1
mile east of the San Jacinto fault. Groundwater flow within the Main Bunker Hill Basin in the
vicinity of the Site is generally west following the existing Santa Ana River channel.
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3. ENVIRONMENTAL ASSESSMENT RESULTS
The results of solid waste environmental testing and groundwater monitoring programs
conducted for the site to comply with regulatory requirements are summarized in this section.
Result summaries are provided.
3.1 WATER QUALITY SOLID WASTE ASSESSMENT TEST
The Solid Waste Assessment Test (SWAT) (WCC, 1989) was prepared for the Blackland
Properties Landfill to comply with the California Water Code, S13273, (AB 3525, Calderon,
1984), which requires that each landfill in California be evaluated to determine whether
hazardous chemicals or other constituents have migrated from the landfill into the groundwater
or surface water. The locations of groundwater monitoring wells MW -1 through MW -4 are
presented on Plate 2. The SWAT report summary of fmdings are presented below:
Groundwater Quality
. Concentrations of metals, pesticides, and VOCs in groundwater samples collected at the site
were below relevant EP A Primary Maximum Concentration Levels. These limits define the
maximum permissible level of contaminant in water delivered to the ultimate user of a public
water system.
. Toxic metal concentrations in ground water samples collected in 1989 were below laboratory
detection limits (detection limits were between 0.002 and 1 mg/l), except for copper and lead.
The reported concentrations of copper and lead were less than EP A Primary Maximum
Concentration Levels (MCLs). The MCL in water delivered to the ultimate user of a public
water system (Code of Federal Regulations, Title 40, Section 141.l1, revised July 1, 1988).
. Concentrations of VOCs and pesticides were less than the limits of detection, which varied
from 0.05 to 20 Ilg/l. Total Petroleum Hydrocarbons (TPH) were detected in MW-l, the
upgradient well, at a concentration of 5 mg/l during the sampling round on March 29, 1989.
Another round of sampling was conducted on May 19, 1989 at which time TPH was not
detected in samples collected from MW -1.
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· The nitrate concentrations of ground water samples collected from MW -1 through MW-4
exceeded the MCL of 10 mgll. However, the nitrate in ground water appears to originate
upgradient of the site.
Soil Analysis
· Reported concentrations of cadmium, copper, and lead were elevated to potentially exceed
the respective soluble threshold limit concentrations (STLC) of I, 25, and 5 mgll
respectively.
· The concentration of lead detected in the soil sample taken from boring B-4 exceeded the
total threshold limit concentration (TTLC) for lead of 1,000 mglkg.
· Soil in the area of boring B-6, located near the Santa Ana River levee exhibited elevated
alkalinity with pH readings of 13.2. However, the area appeared to be localized because no
other sample had pH readings above 10.
· Concentrations of VOCs were non-detectable, with detection limits varying between 10 to
100 mglkg.
SWAT Conclusions
Based on the above findings, the following was concluded:
· Lead, copper, and cadmium were detected in the sampling event conducted during the first
and second quarters of 1989.
· pH was elevated in isolated samples, however this was not representative of the entire site.
· Concentrations ofVOCs in soil samples collected were below detection limits.
· Concentrations of metals, pesticides, and VOCs in ground water were below relevant EP A
Primary Maximum Concentration Levels.
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3.2 OTHER INVESTIGATIONS
Krazan & Associates, Inc.
A Phase I Environmental Site Assessment was conducted by Krazan and Associates for
Extended Stay America to evaluate the presence of recognized environmental conditions that
may exist on the western 2.3 acres of the BP Landfill. The Phase I Environmental Site
Assessment recommended subsequent site investigation to evaluate potential landfill gas and the
possible disposal of paint and paint-related waste materials.
In addition to the Phase I, Krazan completed a Geotechnical Engineering Investigation for
Extended Stay America to evaluate the soil and groundwater conditions at the site and to provide
geotechnical recommendations for the proposed development of a hotel on the westerly 2.3 acres
of the Site. The Geotechnical Engineering Investigation report included a summary of the debris
and fill material at the site, recommendations for excavation of the landfill material, segregation
and reuse of some of the concrete debris, geogrid reinforcement during regrading and foundation
recommendations for the proposed project.
Kleinfelder, Inc.
Kleinfelder completed a Site Characterization Study for the subject site in January 2001. The
purpose of the Site Characterization Study was to estimate the volume of the debris fill, conduct
a limited soil gas screening survey, and estimate the types of debris present within the landfill.
The landfill cover consists of silty sand with a variable thickness of 0.5 to 5.0 feet. The landfill
debris consists mostly of areas of concrete construction debris with local areas of mostly broken
glass, metal and soil. Thickness of the debris varies from less that 1 foot in the perimeter along
Vanderbilt Avenue up to 15 feet next to the Santa Ana River. The total estimated volume of
debris beneath the 9.5 acre site (less the landfill cover soils) is approximately 110,000 cubic
yards. The majority of the landfill debris consisted of concrete construction debris mixed with
soil, which is considered suitable to be processed onsite and utilized as compacted backfill
pending chemical laboratory analysis. Metal, organic or other deleterious materials within the
landfill should be removed and disposed of offsite in accordance with local, state and federal
regulations for waste management.
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Vapor samples collected from the LFG probes along the eastern boundary of the site were
analyzed for VOCs using EPA Method 8260B. Laboratory results indicated that VOCs were
reported to be below laboratory screening levels and returned a result of Not Detected (ND) or
less than the Practical Quantitation Limit (PQL) of 0.2 ppmV. Vapor samples were also
analyzed for methane by EPA Method TO-14 using GC/FID. Laboratory results indicated that
Methane was below laboratory screening levels and returned a result ofND or less than the PQL
of 20 ppm V. The methane analytical results indicate compliance with CCR Title 27 Division 2
S20921 (a) (2) (Gas monitoring and control during closure and post closure).
Based on the data compiled during the site characterization, Kleinfelder recommended that a
clean closure plan be implemented for the site in accordance with Title 27 of the California Code
of Regulations CCR 921090 (f) (Closure and Post-Closure Maintenance Standards for Disposal
Sites and Landfills - Optional Clean Closure), CCR 921810 (Final Closure Plan Requirements
for Clean Closure) and the California Integrated Land Management Board (CIWMB), (LEA
Advisory No. 16 Guidelines, dated September 26, 1994 for clean closure). However, following
completion of a preliminary cost study the debris within the northern restricted development
zone will be left-in-place and a Post Closure Land Use Plan will be implemented for the site.
Krazan & Associates, Inc.
Based on their Phase I Environmental Site Assessment for Extended Stay America Krazan
recommended a supplemental investigation to further characterize potential contaminates of
concern within the landfill debris, soil and groundwater. Krazan conducted a soil and
groundwater investigation for the western 2.3 acres of the Site. The soil and groundwater
investigation included collection and analysis of 48 shallow soil samples, six (6) four-part
composite soil samples, five (5) groundwater samples, and six (6) soil vapor samples. Low
concentrations of Tetracholoroethene (PCE) were detected in 9 of the 48 shallow soil samples.
No other volatile organic compounds (VOCs) were detected in the soil or groundwater. The six
(6) composite soil and five (5) groundwater samples were analyzed for Title 22 metals,
pesticides, polychlorinated biphenyls (PCBs), and polynuclear aromatic hydrocarbons (PNAs).
The composite soil samples did not contain PNAs, PCBs or pesticides in concentrations greater
than the laboratory detection limits. The metals detected in the composite soil samples, except
for lead, were below the EPA preliminary remediation goals (PRGs) for industrial use. The
metals detected are considered to be naturally occurring background concentrations. The EP A
established PRG for lead in a residential setting is 400 mg/kg and 750 mg/kg for and industrial
setting. Based on the results of the soil and groundwater investigation groundwater has not be
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impacted with VOCs, PNAs, PCBs, pesticides, or metals. The primary contaminate of concern
is the soil lead concentrations which do not exceed EP A PRGs but are near the Total TIrreshold
Limit Concentration (TILC) to classifY the waste as a hazardous waste. Of the six (6) soil vapor
samples collected, four (4) samples did not contain concentrations of methane or hydrogen
sulfide in concentrations greater than the laboratory reporting limits. Two (2) samples were
reported to contain low concentrations of methane at 6 and 12 parts per million vapor (ppmv).
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4. CLOSURE OF THE BP LANDFILL
This section presents the landfill closure requirements for the Site m accordance with the
following 27 CCR, Division 2, Subdivision 1:
. Chapter 3, Subchapter 5 (Closure and Post-Closure Maintenance)
. Chapter 4, Subchapter 4 (Development of Closure /Post-Closure Maintenance Plans)
The landfill was constructed by the area fill method and does not have an underlying liner or
leachate collection system. Refuse was placed to the edge of the Santa Ana River levee.
4.1 REMOVAL OF STRUCTURES (27 CCR ~21790, ~21l37)
No structures are present on the site.
4.2 SITE SECURITY (27 CCR ~21790, ~21l35)
The site is currently secured to prohibit vehicular traffic at the entrance located on Vanderbilt
Way, and is secured in its entirety by a chain link fence around its perimeter. There are no
designated roads providing access across the site. Access must be prearranged with BP
California to approve gate clearance.
Upon commencement of landfill closure construction activities, a sign will be posted at the
landfill boundary, and at the main entrance indicating the location of closure and post-closure
maintenance plans available for public inspection. The sign will be written in English and
clearly legible at a distance of 25 feet during daylight hours. An emergency local phone number
will also be displayed on this sign. Post-closure site security will consist of one locking gate at
the entrance.
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4.3 DECOMMISSIONING OF ENVIRONMENTAL CONTROLS (27 CCR ~21790,
~21137)
Existing environmental controls that are within the Site include 4 groundwater-monitoring wells
and 4-soil gas monitoring probes. These wells and probes are identified on Plate 2. These
monitoring controls are planned to remain and protected in-place during grading activities and
post closure activities. Following completion of grading and approval of no further monitoring
the environmental controls will be decommissioned in accordance with applicable well
abandonment regulations for San Bernardino County. At that time a copy of the well
abandonment procedures will be sent to the SBCDEHS/LEA, and RWQCB prior to well
abandonment. All wastes generated by decommissioning will be tested and disposed in
accordance with all applicable regulations.
4.4 CLOSURE PLAN (27 CCR ~21090, ~21810)
The Closure Plan proposed for the BP Landfill is intended for future commercial development of
the site in accordance with Title 27 of the California Code of Regulations CCR g21090 (f)
(Closure and Post-Closure Maintenance Standards for Disposal Sites and Landfills - Optional
Clean Closure), and g218l0 (Final Closure Plan Requirements for Clean Closure) and the
California Integrated Land Management Board (CIWMB), (LEA Advisory No. 16 Guidelines,
dated September 26, 1994 for clean closure). Clean closure methodology will be applied to the
southern portion of the site beyond the 200-foot restricted development zone. Landfill debris
within the 200-foot restricted development zone will remain-in-place with minimal grading of
the upper 5:t feet and a uniform fill cap and asphalt pavement. The 200-foot restricted
development zone is shown on Plate 4-Debris Removal Limit Map.
All site preparation and earthwork operations should be performed in accordance with applicable
codes, safety regulations and other local, state or federal specifications. All references to
maximum density are established in accordance with ASTM Standard Test Method D1557-91.
4.4.1 Site Preparation
All surficial vegetation, deleterious, organic, inert materials and excavation debris should be
removed and stockpiled for disposal offsite at a permitted landfill. Areas proposed to receive
compacted fill should be stripped of all landfill debris until a firm unyielding native material
subgrade is exposed and evaluated by the geotechnical engineer.
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4.4.2 Limits of Landfill Debris Removal
The total estimate volume of landfill debris within the 9.S-acre site is 110,000 cubic yard. A
200-foot wide restricted development zone along the northern property line adjacent to the Santa
Ana River limits the type of development within this area (see Plate 4). No structures can be
built within this zone.
The area of proposed landfill debris removal is from the 200-foot wide restricted development
zone to Vanderbilt Way and from the eastern property boundary to Waterman Avenue. This area
equals approximately 5.5 acres of the total 9.5 acre site. An estimated 55,000 cubic yards of
landfill debris and soil cover is present within this development area. The landfill debris
thickness varies considerably within this area from less than one (1) foot along Vanderbilt Way
to a maximum of approximately 15 feet along the setback line. Thicker fill may be present at the
site. The landfill debris within the 200-feet wide restricted development zone to the northern
property boundary (approximately 4 acres) will remain-in-place with processing of the upper
approximately 5 feet for placement of a soil cover. The restricted development zone and limits
ofleft-in-place debri will be delineated on the as-built rough grade plans.
In the area of the proposed Extended Stay America hotel the excavation subgrade will be
completed such that a uniform fill thickness will be place beneath the entire building foot print
and extend approximately 15 feet beyond the exterior footing line.
Limited removal of the landfill cover and processing of landfill debris will be conducted within
the 200-foot restricted development zone to provide a uniform fill cover across the left-in-place
debris. If during excavation, any portion of the refuse that will be left-in-place is found or
suspected to contain any hazardous or potentially hazardous materials, these materials must be
removed and properly disposed of and the resulting area replaced with clean fill material.
4.4.3 Excavation and Debris Disposal
Following grubbing of surficial material and prior to excavation of the landfill debris, the cover
soils will be removed and temporarily stockpiled in the 200-foot restricted development zone
area for later reuse. The landfill debris within the area south of the restricted development zone
will be excavated to native alluvial soil.
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All landfill materials south of the restricted development zone will be excavated and separated
into reusable fill material and unsuitable material designated for off site disposal. Concrete and
asphalt encountered during excavation operations will be separated out from the unsuitable
material for use on-site in conjunction with soil and import fill as engineered fill. Once the
concrete debris has been separated from the fill material it will be processed for reuse as
engineered fill. All other debris excavated, including wood, steel, piping, plastics, etc.. should be
separated and transported by a licensed refuse hauler to a licensed Class III waste facility. The
two nearest Class II facilities are Mid Valley Landfill in Rialto and the San Timeteo Landfill in
Redlands. Following processing and stockpiling of reusable materials and landfill debris to be
transported offsite, samples will be collected and tested for chemicals that may be present to
designate the material as non-hazardous or hazardous. Any Class II or I materials will be
transported by a licensed hazardous waste transporter to a licensed waste receiving facility such
as the Kettlemen Hill facility in central California.
Verification of the extent of fill removed and the limits of left-in-place landfill material will be
conducted during site grading.
After the results of the chemical analyses have been return and reviewed by Kleinfelder, the
unusable licensed landfill material will be classified as either non-hazardous or hazardous and be
transported for disposal offsite to the approved licensed receiving facility.
4.5 PROCESSING OF DEBRIS
Miscellaneous waste encountered throughout the landfill will be separated from reusable
material and stockpiled for disposal at a licensed waste facility. Concrete rubble will be
mechanically reduced in size not to exceed 8 inches in the largest dimension. The processing of
concrete debris will include reduction in size by mechanical methods. Processing could involve
mechanically crushinglbreaking the concrete debris with jackhammers, dozers and/or trackhoes.
During the separation and pre-grading processing of concrete debris, all metal rebar and/or
reinforcement materials should be removed and stockpiled for disposal offsite at a licensed waste
facility. The processed concrete can be utilized for compacted fill material.
4.6 FILL PLACEMENT
Prior to fill placement along the left-in-place debris, the excavation will be surveyed for
horizontal and vertical line and grade. Following the survey, a geogrid fabric will be draped over
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the debri and extend approximately 5 feet horizontally out from the toe. The purpose of the
geogrid fabric is to reduce the migration of fine soils into the left-in-place debri. The geogrid
fabric should be anchored at the top of slope such that as fill is compacted along the slope face
and the fabric is pulled taunt the anchors can be moved to release the tension.
Loose fill soil will be placed over the geofabric moisture conditioned and compacted. To reduce
the potential for damage to the fabric, steel track grading equipment should be kept away from
the slope and rubber tired compaction equipment utilized adjacent to the slope.
Fill materials should have no particles greater than 8 inches in the largest dimension and be
placed in lifts no greater than 12 inches thick (loose measurements). The fill material should be
moisture-conditioned as necessary and recompacted to a minimum of 90 percent of the
maximum dry density based on ASTM D1557 Test Method. This excavation and recompaction
can be performed concurrently with the geogrid installation.
At a minimum, the upper one (1) foot of exposed native subgrade soil should be moisture-
conditioned to near optimum moisture and recompacted to a minimum of 90 percent of
maximum density based on ASTM D1557 Test Method.
Prior to fill placement, the exposed soil sub grade will be analyzed for chemicals as described in
Section 4.17 ofthis Post Closure Land Use Plan. Sampling methods will follows those outlined
in Section 4.12. Stockpiles consisting of processed concrete and soil being reused on site as
engineered fill will also be tested in accordance with SW-846 protocol dependent on the volume
of the stockpile and chemical results of samples collected during excavation.
It is anticipated that 70% of the landfill material excavated will be reused onsite as engineered
fill. It will be necessary to incorporate import materials to replace the additional 30% in addition
to quantities to makeup for shrinkage loss during fill placement. Import materials will be
reviewed by the geotechnical engineer prior to its use onsite. All earthwork operations must be
observed and tested by the geotechnical consultant.
The geotechnical consultant prior to implementation must approve other removal and/or
compaction methods.
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4.7 FINAL COVER PROFILE (27 CCR-~21790, ~21l40, ~21090)
Left-in-place debris within the 200-foot restricted development zone will require the installation
of a final cover in accordance with Title 27 of the California Code of Regulations CCR-~21790.
S21140, S21090. In most areas within the 200 feet setback zone containing refuse filL the range
of thickness of the existing interim cover soil is between 0.5 to 2.0 feet bgs. The final cover
profile in the 200 feet setback zone will consist of a 4-foot thick native soil cover over a
geotextile separation fabric. The soil cover layer will be built on a I-foot foundation layer
immediately over the in-place debris. The soil layer will be compacted to 90% of maximum
density based on ASTM 1557 test methods. The existing landfill cap from the southern portion
of the site will be stockpiled for reuse. Imported soils will be required as engineered fill to meet
design grades due to the anticipated removal of deleterious debris and shrinkage of fill.
The proposed soil cover system (4 feet of native soil, geotextile, and foundation layer) was
selected as an alternative final cover design as permitted under Title 27. The rational for
selection of this cover system is as follows:
. Debris consists mostly of inorganic waste materials
. Remaining debris thickness (after cover construction) will be approximately 10 feet thick
. Soil gas test results do not indicate generation of landfill gas
. Soil and groundwater results do not indicate impact to groundwater
. A Letter of No Further Action Required received for the Site and proposed development and
remediation improves site conditions relative to landfill related issues
. Proposed grades and surface pavement promotes runoff and deters potential infiltration.
The proposed cover cap mimics and improves upon the existing cap which was present when the
RWQCB issued the No Further Action Required Letter.
The final landfill cover profile for the 200-foot restricted development zone is shown on Plate 5-
General Landfill Cover Profile.
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4.8 FINAL GRADING (27 CCR ~21090, ~21l42)
Final grades are designed to reduce impacts to the public health and safety based on post-closure
land use. Secondly, final grades of the left-in-place landfill debris have been designed to limit
surface water percolation by capping with pavement. The asphaltic pavement is proposed to
extend to the toe of the existing flood controlleeve along the northern boundary of the property.
The grading of the southern portion of the site, beyond the 200-foot restricted development zone.
is designated to allow for development in accordance with current zoning restrictions.
4.9 SETTLEMENT (27 CCR ~21090)
Compression of refuse fill and native foundation materials (composed mostly of sands, silts, and
clays), migration of the finer particles and soil cover into the voids of the refuse, and refuse
decomposition will contribute to settlement of the landfill within the 200-foot restricted
development zone. Compression of the refuse fill and migration of fines occur fairly rapidly,
while refuse decomposition requires a number of years.
Design of the closure cap should include a minimum 2 percent slope to accommodate the
maximum anticipated settlement. The final landfill contours should accommodate storm water
drainage from the 200-foot restricted development zone after settlement has occurred. and should
minimize erosion of the final soil cover.
A topographic survey of the landfill should be made at the completion of closure activities.
Differential settlement should be tracked with an initial settlement survey by ground performed
following closure construction. An ISO-settlement map should be prepared every five years
thereafter.
4.10 SURFACE DRAINAGE (27 CCR ~21090, ~21l50)
Surface runoff from the 200-foot restricted development zone will be collected in pavement
areas, curbs and gutters and directed to storm drains. The design will be based on the peak
lOa-year 24-hour precipitation event of a I-hour rainfall rate of 0.33 inches per hour that would
result in 8 inches of precipitation for a 24-hour period as determined from an intensity-duration-
frequency (IDF) curve for the City of San Bernardino, which was based on 73 years of
precipitation data collected at the San Bernardino Community Hospital Weather Station.
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4.11 CHEMICAL SOIL/W ASTE TESTING
The procedures used for soil and waste sampling were developed to obtain consistent, reliable
data. This protocol is intended to be of general use. As work progresses. appropriate revisions
may be made. The primary chemical of concern (COC) based on previous investigations for the
Site is lead in the soil.
The purpose for soil and waste sampling is to obtain information for assessing the potential
extent of the cac impact to site soils and waste so that one or more appropriate corrective
actions can be developed and for off-site disposal of excavated waste debris.
4.11.1
Procedures for Environmental Soil Sampling
The proposed procedure for soil sampling will conform to the Environmental Protection Agency
(EPA) SW-846 sampling guidelines. Fieldwork and reporting will be performed under the
direction of an appropriately registered or certified professional (Business and Professional Code
section 6735 and 7835).
4.11.2
Sampling Locations
Confirmation samples of the suspected metal or vac contaminated areas \vill include four (4)
samples per acre and analytical results shall be reported at the soluble threshold limit
concentrations (STLC). Two (2) samples per acre will be collected from the remaining areas.
Representative soil/landfill debris samples will be collected from the excavated landfill debris,
landfill waste to be exported, processed concrete debris and the exposed subgrade soils prior to
compacted fill placement.
Landfill waste in which the concrete rubble has been removed will be sampled prior to export to
a licensed landfill. The total number of samples will be dependent upon the calculated volume
of stockpile waste. In addition, the processed concrete and soil matrix will be sampled and
analyzed prior to placement as compacted fill. Initially one (I) sample per approximately 2.000
cubic yards of excavated landfill debris will be collected. All soil sampling of stockpile landfill
debris, waste, and processed concrete will be collected in accordance with EPA-SW-846
protocol (but in no case less than 4 samples per stockpile or sampling event).
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Prior to fill placement, soil samples should be collected from the exposed excavation subgrade
soil to evaluate the potential impact of contaminants on the native alluvium beneath the landfill
material. Soil sample collection locations will be selected in the field based on a statistical
random plot based on protocol presented in Chapter 9 of EPA-SW-846. A total of 12 soil
samples from the proposed subgrade area will be collected from predetermined locations based
on random generated numerical locations.
The hand augering method used will be determined based upon the subsurface materials exposed
upon the removal of the landfill debris.
4.11.3
Soil Sampling
Soil samples will be collected by drilling to the desired sample depth using a 2 to 3 inch hand
auger. Once the desired sample depth is reached, a hand sampler will be inserted into the hole
and used to collect the sample. Samples from the hand sampler will be collected in brass
sleeves. The brass sleeves will be covered on both ends with a Teflon liner, and capped with
tightly fitted plastic caps. The sealed soil samples will be labeled and place in a covered ice
cooled container, and processed for shipment to the laboratory.
4.11.4
Equipment Cleaning
Hand augering equipment will be thoroughly cleaned prior to arriving onsite to prevent the
introduction of contamination from off-site. Clean equipment will be stored in a clean location
when not in use. Soil sampling equipment will be reused onsite following proper
decontamination procedures. Soil samplers will be disassembled, washed with a solution
containing a non-phosphate detergent, tap water rinsed, distilled water rinse, and air-dried
immediately prior to use. Samples will be lined with similarly cleaned and dried brass tubes, and
reassembled for use. Hand trowels and hand samplers will be similarly cleaned and dried.
4.] ] .5 Sample Containers
Subsurface soil samples may be collected in brass sleeves using a 2 to 3 inch hand auger. The
samples will be chilled to 40C immediately upon collection.
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4.11.6
Decontamination Procedures
The decontamination procedures that will be followed are in accordance with ASTM Standards
on Environmental Sampling (ASTM D-5088-90). Decontamination of sampling equipment must
be conducted consistently as to assure the quality of samples collected. All equipment that
comes into contact with potentially contaminated soil will be decontaminated. Decontamination
will occur prior to each sample depth and location.
The following, to be carried out in sequence, IS the recommended procedures for the
decontamination of sampling equipment:
. Non-phosphate detergent and tap water wash, using a brush if necessary
. Tap-water rinse
. De-ionized/distilled water rinse
. Airdry
4.12 SAMPLE DOCUMENTATION AND SHIPMENT
The samples selected for chemical analysis or physical testing will be sealed in the brass liners in
the field. Teflon TM sheeting covers will be placed on the ends of the brass liner directly on the
exposed soils, and held in place by clean plastic caps. Sealed soil samples will be labeled and
placed in a covered ice-cooled container. The temperature in the container will be maintained at
approximately 40C.
Sample containers will not be opened, except by laboratory personnel who will perform the
chemical analysis. A laboratory certified by the State of California, Department of Health
Services, will analyze soil samples. Requests for sample analyses will be made in writing and
included as part of the chain-of-custody record.
If it is necessary for samples or sample chest to leave the immediate control of the sampler prior
to being delivered to the laboratory, a custody seal will be placed on each sample container
and/or sample chest to discourage tampering with samples during transportation. The custody
seal will contain a sampler's signature, and the date and time seal was emplaced.
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4.12.1
Chain-of-Custody
In order to document and trace sample possession from time of collection to time of analysis, a
chain-of-custody record will be filled out by the sampler, and will accompany the sample
through the laboratory analysis. The completed chain-of-custody record will accompany the
final laboratory analytical report.
Information contained on the duplicate, carbonless chain-of-custody form will include:
. Date and time the sample was taken
. Sample number and the number of sample containers
. Analysis required
. Remarks, including preservative added and any special conditions, and
. Container number in which sample has been packaged.
Blank space on the chain-of-custody record between last sample number and signatures at the
bottom of the sheet will be lined out.
4.13 DISPOSAL OF RESIDUAL MATERIALS
In the process of collection environmental samples at the site potentially contaminated
investigative derived wastes (IDW) may be generated that include the following:
. Used personal protective equipment (PPE)
. Disposable sampling equipment
. Decontamination fluids
IDW generated during sampling will be managed as follows:
. Used PPE and disposable equipment will be double bagged and placed in a municipal refuse
dumpster on site. These wastes are not considered hazardous and can be sent to a municipal
landfill. Any PPE and disposable equipment that is to be disposed of which can still be
reused will be rendered inoperable before disposal in the refuse dumpster.
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. Decontamination fluids that will be generated during sampling will consist of de-ionized
water, residual contaminants, and water with non-phosphate detergent. The volume and
concentration of decontamination fluid will be sufficiently low to allow disposal at the site.
The water (and water with detergent) will be pored onto the processed landfill stockpile.
4.14 GROUNDWATER MONITORING NETWORK (27 CCR ~21090, ~20380 ~20420)
Groundwater monitoring has been conducted at the landfill since 1989, and the results have been
submitted to the RWQCB in conjunction with the SWAT reports prepared by WCe. The current
landfill groundwater-monitoring network consists of one upgradient well (MW -1) and three
dO\\-1lgradientlinterior wells (MW-2, MW-3, and MW-4). Each monitoring well is screened in
the upper water-bearing zone. The well locations are presented on Plate 2. The groundwater-
monitoring network will not change during the post-closure period. Wells MW-2 and MW-3 are
within the 200-foot restricted development zone where limited grading will be conducted. Well
MW-I is located adjacent to Vanderbilt way in an area of limited landfill thickness. All four
wells will be protected in-place for possible groundwater monitoring/post closure maintenance.
Well MW-4 is outside of the closure construction area.
Monitoring wells will be sampled prior to grading, semi-annually for a minimum of two (2)
years and prior to being decommissioned. Field monitoring data will include: depth to
groundwater, specific conductance, pH, temperature and turbidity. Samples will be sent to a
California certified laboratory for analysis. Analyses to be performed are listed in Section 4.16
of this report.
4.15 LANDFILL GAS MONITORING AND CONTROL SYSTEMS (27 CCR ~21090,
~21160,~20921,~20925)
The existing (Landfill Gas) LFG monitoring system consists of four monitoring probes located
distance of 100 feet apart along the eastern boundary of the site, which borders the Waterman
landfill. The locations of the LFG monitoring probes are sho\\-1l on Plate 2 and will remain in
place during closure grading. A post-closure LFG monitoring network will not be implemented
based on result from previous vapor sampling activities at the site, which indicated that LFG was
not detected at the site above laboratory detection limits. This will not impact requirements set
forth in 27 CCR Subdivision 1, Chapter 3, Subchapter 4 Article 6. If it is deemed necessary to
maintain a monitoring system to allow evaluation of the presence and extent of lateral migration
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of LFG from the landfill, this will be implemented in the post-closure activities at the site and
will be address in post-closure documents.
The monitoring network is intended to demonstrate the concentration of methane at the site
perimeter.
There are no existing LFG control systems at the landfill. Due to the age of much of the refuse
and results of previous investigations, installation of a gas recovery system has not been
perceived as necessary or feasible.
4.16 LABORATORY ANALYSIS
Groundwater samples will be analyzed for volatile organic compounds per Title 27 S20420,
General Chemistry including: Chloride, pH, Nitrates as Nitrogen, Specific Conducting Sulfate,
and Total Dissolved Solids (IDS). Metals analysis will include: Cadmium, Calcium, Copper,
Iron, Lead, Magnesium, Maganese, Potassium and Sodium.
Soil, waste debris and subgrade alluvial soils will be sampled during closure grading operations.
Samples will be collected from the stockpiles of processed concrete and from the landfill
material prior to off site disposal at a licensed waste disposal facility. The number of samples
collected will be in accordance with EP A SW 846.
Initial sample collection will consist of one (I) sample per approximately 2,000 cubic yards
(cu yds.) of the 55,000 cu yds. of excavated landfill debris for an estimated 25 to 30 samples.
Following landfill separation, samples will be collected from the concrete debris and the export
waste. Initial sample collection will consist of one (I) sample per approximately 2,000 cu yds. of
concrete debris and 2,000 cu yds. of export waste. The total number of samples will be
dependent upon the final process and resultant stockpiles.
Prior to fill placement of processed compacted fill in the excavation, samples will be collected
from the exposed subgrade soils. A total of 10 samples from the subgrade soil will be collected
at random locations.
The primary chemical of concern (COe) is lead in the soil/landfill debris. In addition, selected
soil samples will be analyzed by one or more of the follow test methods:
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. Solvents- using EPA Method 8260B for Volatile Organic Compounds (VOCs)
. Heavy Metals- using California Title 22 Metals
. Herbicides- using EPA 8150 Method for Chlorinated Herbicides
. Pesticides- using EP A Method 8080 for Organochlorine Pesticides
. Total Petroleum Hydrocarbons-using EPA Method 8015M modified for Gasoline and Diesel
. Polychlorinated Biphenyls-using EPA Method 8270 for Semivolalite Organic Compounds
Soil sampling will be conducted under the technical supervision of a State of California Certified
Engineering Geologist. Soil will be visually classified in accordance with the Unified Soil
Classification System.
4.17 SITE SURVEYS (27 CCR ~21090)
Following removal activities, the limits ofleft-in-place debris will be surveyed for horizontal and
vertical control. All excavation subgrade will be surveyed for elevation and documentation of
removal. Following cover and cap construction the landfill will be surveyed for post closure
settlement.
4.18 CONSTRUCTION DOCUMENTS (27 CCR ~21090)
The Construction Quality Assurance (Revised CQA) Manual and closure construction plans and
specifications will be prepared and submitted after approval of this Closure Plan.
4.19 CLOSURE SCHEDULE (27 CCR ~21090, ~21110, ~21790, ~21800)
The revised landfill closure schedule is presented on Table 6. Closure construction will be
conducted during the summer/fall months of the year. Grading will begin in the western area of
the subject site adjacent to Waterman Avenue. Projected closure completion is expected to be in
December 2001.
4.20 CLOSURE COSTS (27 CCR ~21800)
The closure costs for the landfill have been estimated to be $2,400,000 in 2001 dollars. A
closure cost estimate is presented in Table 7. This estimate represents a worst case scenario
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where a greater volume of import fill will be needed for grading activities at the site. Costs also
included laboratorv analysis of soil and groundwater samples during excavation activities.
. .
4.21 CLOSURE REPORT
The landfill closure will be conducted under the supervision of the CQA Officer, a registered
civil engineer or engineering geologist, certified by the State of California. A closure report,
prepared by the CQA officer, will be submitted to the SBCDEHS/LEA RWQCB. and CIWMB.
The report will contain a certification that the information presented is accurate to the best of the
CQA Officer's knowledge, and a professional opinion as to whether the closure meets the
requirements and intent of the approved closure plan and associated construction documents.
The report will contain a description of environmental containment measures, monitoring,
control, and collection systems remaining at the landfill. The report will describe closure
activities and significant events, present project personnel and responsibilities, inspection
summary reports, construction record drawings, CQA test results and locations, and the
construction schedule.
A topographic map of the completed area, prepared at a scale of one inch to 100 feet with a
contour interval of one foot will also be included in this report.
4.22 EMERGENCY RESPONSE PLAN (27 CCR ~21130, ~21132)
The emergency response plan for the Site has been prepared pursuant to 27 CCR. The plan will
be maintained at the site during the closure and post-closure maintenance period. The detailed
emergency response plan is presented in Appendix B.
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I
5. REFERENCES
BCL Associates, Inc., 1987, Preliminary Environmental Audit of A 9.4-Acre Closed Disposal
Site Located In San Bernardino County at the Northeast Corner of TYaterman Avenue
and Vanderbilt Way, Project No. 87-475, dated November 1987
Carson, S. E. and Matti, J. C., 1985, Contour Map Showing Minimum Depth to Ground Water.
Upper Santa Ana River Valley, California, 1973-1979, U.S.G.S Map MF-1802, scale
1 :48,000
Dutcher, L.C. and Burnham, W.L., 1960, Geology and Ground-water Hydrology of the
Redlands-Beaumont Area, California With Special Reference to Ground Water Outflow,
U.S.G.S. Volumes 1,2 and 3.
Integrated Waste Management Board, LEA Advisory #16-- September 26, 1994
Keueper Engineering & Associates, March 24,1995, Survey Plat
Kleinfelder, 2001, Site Characterization Study, Landfill At The Northeast Corner Of Vanderbilt
And Waterman Avenues, San Bernardino, California, Project No.56-2079-01.001, dated
February 27, 2001
Krazan & Associates, Inc., November 10, 2000, Engineering Geology Investigation, Proposed
Extended Stay America Hotel No. 8822. Vanderbilt Way and Waterman Avenue, San
Bernardino, California, Project No. 112-00072, dated November 10,2000
Krazan & Associates, Inc., November 10, 2000, Geotechnical Engineering Investigation,
Proposed Extended Stay America Hotel No. 8822. NEC Vanderbilt Way and Waterman
Avenue, San Bernardino, California. Project No. 112-00072, dated November 10,2000
Krazan & Associates, Inc., 2000, Phase I Environmental Site Assessment Proposed Extended
Stay America Hotel, Northeast Corner Of Waterman Avenue and Vanderbilt Way, San
Bernardino, California, Project No. 114-00058, dated November 20, 2000
Matti, J. C. and Carson, S. E., 1991, Liquefaction Susceptibility in the San Bernardino Valley
and Vicinity, Southern California-A Regional Evaluation, U.S.G.S Bulletin 1898
National Oceanic and Atmospheric Administration, 1982. Monthly Normals of Temperature,
Precipitation, and Heating and Cooling Degree Day 1951-80, California. September.
56-2079-01/5621R244
Copyright 200 I Kleinfelder. Inc.
Page 39 of 40
July 2. 200]
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I
I
NorCal Engineering, 1999, Geotechnical Investigation, Proposed Commercial Development NE
Corner Vanderbilt Way and Waterman Avenue, San Bernardino, Project No. 8388-99,
dated October 8, 1999
Oakeshott, G.B., 1978. California's Changing Landscapes, McGraw-Hill, pp.211-22I.
State of California Air Resources Board, Aerometric Data Division. 1984. California Surface
Wind Climatology, June.
State of California, Department of Water Resources, 1982, Rainfall Depth-Duration Frequency
for California, revised November, updated April 1983 and August 1986.
Thibeault, G. J., 1997, Request for Regional Board Determination 0 Future Requirements for
The Inactive BP California Landfill Site, San Bernardino, California Regional Water
Quality Control Board, Santa Ana Region, dated June 11, 1997
United States Environmental Protection Agency (US EP A), 1982, Draft Guidance Document,
Land fill Design, Liner System and Final Cover, July 1982.
Woodward-Clyde Consultants, 1989, Solid Waste Assessment Test (SWAT) Report For
Blackland Properties Site Located In San Bernardino. California, Project No. 8840166A,
dated July 13, 1989
Woodward-Clyde, 1994, Groundwater Monitoring Addendum To The Solid Waste Assessment
Test (SWAT) Report Dated July 1989 For The Tri-Cities (BP Cal~fornia) Site Located In
San Bernardino, California, Project No. 944G076A, dated August 9, 1994
Woodward-Clyde, 1996, Second Groundwater Monitoring Addendum To The July 1989 Solid
Waste Assessment Test (SWAT) Report Dated July 1989 For The Tri-Cities (BP
California) Site Located In San Bernardino, California, Groundwater Sampling For The
Third and Fourth Quarters, 1995, Project No. 944G076B, dated April 8, 1996
Woodward-Clyde Consultants, 1996, Soil Sampling At The Tri-Cities (BP California) Site, San
Bernardino, Project No. 944G076A, dated September 19, 1996
Woodward-Clyde Consultants, 1997, Depth of Debris Contours Map, Project No. 964G193-
3000, dated January 8, 1997
56-2079-01/5621 R244
Copyright 2001 Kleinfelder. Inc.
Page 40 of 40
July 2. 2001
PLATES
-.-
LEGEND ! E Y
INDICATES PROJECT BOUNDARY \j 0
INDICA TES 6' CHAIN LINK FENCE/ LlMI1-.;,;:"';'.
INDICATES STREET 4c PARKING LOT LlG~'"
~
,
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"
~ "
~
r-
,,'
.l;t
,,'
o
100
200
APPROXIMATE SCALE
1" = 100'
BENCH MARK
A USC4cGS BRASS DISK IN WELL STAMPED "G-524 7956"
40' EASTERLY OF THE CENTERLINE OF WATERMAN AVENUE
SOUTHERL Y OF THE CENTERLINE OF DUMAS STREET.
[LEVA TION: 7008.287'
-"'.
1
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~
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<:
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~
VANOfRB/l r WA Y
-
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-
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VICINITY MAP
NO SCAlf
SITE MAP
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BP-CAlIfORNIA
SAN BERNARDINO. CAlIF"ORNIA
r:
r
INDICA irS PROLeT BOUNDARY
INDICA irS 6' CHAIN LINK ffNCC/ L/IIITS Of TOI'O.
INDICA irS STRfcr .t PARKING LOT LIGHTS
INDICA irS SfT BACK BOUNDRY
INOICAlrS IrST PIT
INDICA irS LANonLL CAS PROBf
INDICA irS 1i00/TOR/NG HElL
L INDICATES AREA OF SUSPECTED METAL IMPACT
o
.
~
~
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!
I!!
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E
~
100
200
APPROXIMA TE SCALE
," = 100'
]
TEST PITS, MONITORING WELLS
AND LANonLL GAS PROBES
,[~
BP-CALlTORNIA
SAN BERNARDINO. CAlITORNIA
l
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APROXIMA TE SCALE
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LEGEND
INDICA res PRO.ECT BOUNDARY
INDICA res 6' CHAIN LINK FENCl/ LI/JITS OF TOPO.
INDICA TES smEET .t PARKING LOT LIGHTS
INDICA res SET BACK BOUNDRY
INDICA res reST PIT
INDICA res LANDFILL GAS PROBE
INDICA res /JONITORING IIfLL
DEBRIS CONTOURS
EXISTING CONTOURS
~
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BP-CAlItORNIA
SAN BERNARDINO, CALIfORNIA
[1]
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LIMITS OF LANDFILL DEBRIS
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-X- INIJICATfS 6' O/AIN LINK reNCfI LlIIITS OF TOPO.
~ INIJICATfS STRfrr .t PARKING LOT LIGHTS
---- INIJICATfS SCT BACK BOUNORr
....l-
OfBRIS CONTOURS
APPROXIMA TE SCALE
1" = 100'
LOT 31
TRACT NO. 12034
LEGEND
fXISTlNG CONTOURS
..........
~,
~"
DEBRIS REMOVAL LIMIT MAP
BP-CALlrORNIA
SAN BERNARDINO, CALlrORNIA
["4
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GENERAL LANDFILL COVER PROFILE
BP-CALlfORNIA
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10
1 SBCDEHS\LEA Closure Plan Submittal
2 RWQCB Closure Plan Submittal
3 SBCDEHS\LEA Closure Plan Approval
4 Landfil/ Closure Construction
5 Request for Bids for Phase I Construction
6 Contract Award for Phase I Construction
7 Contractor Mobilization
8 Excavation, Regrading, Cover constructior
9 Install Geotextile
10 Report Preparation Submittal
11 Certificate of Closure Completion
56-2079-01/5621 R244
Copyright 2001 K/einfelder, Inc.
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July 2, :'J01
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APPENDIX A
CONSTRUCTION QUALITY ASSURANCE MANUAL
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APPENDIX A
CONSTRUCTION QUALITY ASSURANCE MANUAL
LANDFILL AT THE NORTHEAST CORNER OF
V ANDERBIL T WAY AND WATERMAN A VENUE
SAN BERNARDINO, CALIFORNIA
PREPARED BY
KLEINFELDER, INC.
1940 Orange Tree Lane
Redlands, California 92374
(909) 793-2691
July 2, 2001
This document was prepared for use only by the client. only the purposes stated, and witbin a reasonable time from issuance.
Non-commertial. educational and scientific use of this report by regulatol1' agencies is regarded as a "fair use" and not a violation of
copyright. Regulatnry agencies ma)' make additional copies of this docnment for internal nse. Copies may also be made a\'Oilable to the
public as required by law. The reprint mnst acknowledge the copyright and indicate that permission to reprint has been received.
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TABLE OF CONTENTS
AI. INTR 0 D U CTI ON............................... ................. ............... ........... ................ ............. .......3
A2. CQ A RESPO N S IBILITIES ......... .................... ....... ......... ...................... ....... ........ ..... .......4
A2.1 BP California..... ............... ........ .............. ......... ........................... ................. ............4
A2.2 Design Engineer. ............... ........ ............................... ..................... ...........................4
A2.3 Contractor..... ........ ........... ......... ............ ......................................... .................... ......4
A2.4 CQA Engineer......... ....... ......... .............. ... ................. ........ ..... ... ... .......... ........ ..........4
A3. COMMUNICATIONS AND DOCUMENT A TION .......................................................5
A3.1 Meetings....... ............. ..................... ... ... ... ...... ... ........ ........ ..... ..................... ........... ...5
A3.1.1 Preconstruction Meeting ..............................................................................5
A3.1.2 Informal Meetings and Discussions.............................................................5
A3.1.3 Discretionary Meetings ................................................................................6
A3.2 Daily Construction Reports....... .......... ....... ....... ..... ....... ......... .... ............ .... ....... .......6
A3.3 Construction Photographs .............. ..... ... ........... ..... ....... .... .... .......... ... .... ........ .... ......6
A3.4 Testing Records .......................................................................................................6
A3.5 Deficiency Reports........... ................. ....... ......... ... ... ....... .... .... ...... ...... ... ............ .......7
A3.6 Construction Completion Reports ...........................................................................7
A4. EXCAVATION, GRADING AND FINAL COVER CONSTRUCTION,
CONTROLS AND TESTIN G............ ........ .................. .......... .......... ...... .................... ....... 8
A4.1 INTRODUCTION ............ ........ ..................... ............................ .... ......... .................8
A4.2 TERMS.......... ................... ........ ........................... ...................... .............................. 9
A4.3 GRADING AND EARTHWORK...........................................................................9
A4.3.1 Site Preparation ............. ...............................................................................9
A4.3.2 Engineered Fill ...........................................................................................1 0
A4.3.3 Best Management Practices .......................................................................11
A4.4 Development Area .................................................................................................12
A4.5 Restricted Development Zone................................................................................ 12
GLOSSARY ... ............... ........... .......... ..... ...... ..... ...... ...... ..... ................... ........... ......... ............. .... .14
APPENDICES
APPENDIX A-A:
American Society for Testing and Materials Standards
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At. INTRODUCTION
This Construction Quality Assurance (CQA) Manual has been prepared specifically for the
BP California property (hereinafter referred to as the Project Site) located at the northeast comer
of Vanderbilt Way and Watennan Avenue in the City of San Bernardino, California. This CQA
Manual describes the methods, controls, testing, and communications designed to reasonably
assure that the excavation, processing of landfill materials, regrading, and the landfill final cover
in the restricted development zone are constructed in accordance with the intent of the
construction documents, drawings and specifications. A secondary objective of the CQA
program is to provide guidelines for expediently identifying construction deficiencies so that
they can be corrected to comply with the intent of the drawings and specifications. The
development of the CQA plan is also required by CCR Title 27, Sections 20323 and 20324.
Tenns and definitions are described in the Glossary at the back of the manual. Appendix A-A
includes a list of the American Society for Testing and Materials (ASTM) standard test methods
and practices.
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Al. CQA RESPONSIBILITIES
The primary parties involved in the landfill closure and final cover construction in the restricted
development zone are BP California, the Design Engineer, Contractor, and CQA Engineer. CQA
responsibilities of these parties are described in following sections.
Al.l BP CALIFORNIA
BP California is responsible for employing, hiring, and engaging the Design Engineer, CQA
Engineer, and Contractor and providing a constructed facility, which meets applicable local, state
and Federal laws, regulations and requirements.
Al.2 DESIGN ENGINEER
The Design Engineer is responsible for designing the excavation of fill and regrading and the
landfill final cover in the restricted development zone in accordance with accepted standard of
care practices to meet the requirements of local, state and federal regulatory agencies and
authorities.
Al.3 CONTRACTOR
The Contractor is responsible for the excavation and processing of the landfill materials and
regrading the site with engineered fill and import soils and for constructing the cover for the
restricted development zone in accordance with the construction documents, drawings and
specifications.
AlA CQA ENGINEER
The CQA Engineer is responsible for following the established CQA procedures to reasonably
assure that the soil layers are constructed in accordance with the construction documents,
drawings and specifications.
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A3. COMMUNICATIONS AND DOCUMENTATION
Effective communication between BP California, the Design Engineer, Contractor, and CQA
Engineer decrease the likelihood of construction deficiencies and problems. Communication
described in following sections includes meetings, verbal discussions, and written reports and
documents.
A3.1 MEETINGS
Meetings, if properly planned and conducted, can be an effective adjunct to the CQA program.
The preconstruction meeting, informal meetings, and discretionary meetings are discussed in
following sections.
A3.1.1
Preconstruction Meeting
A preconstruction meeting shall be held at the Project Site about one week before beginning
excavation, grading and final cover construction in the restricted development zone.
BP California, the Design Engineer, Contractor, and CQA Engineer should attend the
preconstruction meeting. The main objective of the preconstruction meeting is for the various
representatives to become acquainted with each other and to review their roles and
responsibilities.
A3.1.2
Informal Meetings and Discussions
A large portion of required project communications can be achieved through informal means
such as personal conversations, telephone conversations, and written memoranda and letters.
Hand-written memoranda or printed memoranda and letters should document discussions,
changes, and conclusions. Each party should strive to maintain open communication lines with
the other parties. Whenever necessary the various representatives shall communicate with each
other either verbally or in writing about important activities and events. Depending on the nature
of the issue, the CQA Engineer may call special discretionary meetings to discuss such issues as
construction deficiencies or construction progress.
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A3.1.3
Discretionary Meetings
CQA discretionary meetings shall be held whenever judged necessary by the CQA Engineer to
address construction deficiencies and resolve other CQA issues. The CQA Engineer should
plan, schedule, and direct any required discretionary meetings. The CQA Engineer shall make a
written record of discretionary meetings.
A3.2 DAILY CONSTRUCTION REPORTS
The CQA Engineer should prepare a daily construction report describing the work area, the work
completed, testing or other deficiencies and other important construction observations and
conditions. Examples of important items to observe are:
. Adequacy of the Contractors hauling, watering, mixing and blending, and compacting
equipment,
. Waste separation and processing of concrete debris, and
. Placement and overlap percentage of Geogrid in the restricted development zone.
A3.3 CONSTRUCTION PHOTOGRAPHS
The CQA Engineer shall take periodic digital photographs of the work and keep the photographs
in a construction photograph notebook. Photographs should be taken of general conditions and
any observed special conditions. The CQA Engineer shall input the date and description of the
photograph on the file of the photograph or use other methods that clearly identify each
photograph.
A3.4 TESTING RECORDS
The CQA Engineer shall maintain written records of all density testing. Deficient testing results
should be verbally reported to the Contractor as soon as possible after obtaining the results.
Deficient testing results that are not corrected satisfactorily by the Contractor should then be
verbally reported to BP California.
Chemical testing of subgrade soils, excavated waste debris and separated concrete/waste debris
shall be provided to the Contractor within 12 hours of receipt from the analytical laboratory.
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A3.5 DEFICIENCY REPORTS
The CQA Engineer shall issue deficiency reports when judged necessary. Before issuing a
deficiency report, the CQA Engineer should first discuss the deficiency with the Contractor. If
the Contractor is unwilling or unable to correct the deficiency, the CQA Engineer should write a
report describing the deficiency. Deficiencies should then be mutually resolved between the
Contractor, the Design Engineer, and the CQA Engineer.
A3.6 CONSTRUCTION COMPLETION REPORTS
After excavation, regrading and the final cover construction are completed, the CQA Engineer
shall prepare a construction completion report that describes the construction and test results.
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A4. EXCAVATION, GRADING AND FINAL COVER CONSTRUCTION,
CONTROLS AND TESTING
A4.1 INTRODUCTION
The grading of the Project Site will include several excavation, grading, and construction
elements. These elements are dependent upon the final development plans within different
portions of the site. A 200-foot wide restricted development zone along the northern property
line adjacent to the Santa Ana River limits the type of development within this area. No
structures can be built within this zone. Complete removal of landfill debris to the underlying
native soil will be performed within the southern development area between the 200-foot wide
restricted development zone to Vanderbilt Way and from the eastern property boundary to
Waterman Avenue. The excavation, grading, and construction elements shall include the
following:
. Complete removal of landfill debris in the southern portion of the Project Site
. Geofabric placement over the left-in-place debris within the 200-feet setback zone
. Soil cap grading over left-in-place debris within the 200-feet setback zone
The total estimate volume of landfill debris within the 9.5-acre site is 110,000 cubic yards. An
estimated 55,000 cubic yards of landfill debris and soil cover is present within the southern
development area. The landfill debris thickness varies considerably within this area from less
than one (1) foot along Vanderbilt Way up approximately 15 feet along the setback zone.
Thicker fill may be present at the site. The temporary cut slope in the landfill debris along the
setback zone boundary is estimated to be up to 15 feet high.
Limited removal of the landfill cover and processing of landfill debris will be conducted within
the 200-foot restricted development zone to provide a uniform fill cover over the left-in-place
debris.
Existing groundwater monitoring wells within the site are planned to remain and be protected in-
place during grading activities.
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A4.2 TERMS
Scope - This item shall include all clearing and grubbing, preparation of land to be filled, filling,
spreading, compaction and control of the fill to all the lines, grades and slopes as shown on the
accepted plans.
Existing Conditions - The contractor shall carefully inspect the site prior to the start of work and
shall determine all site conditions that affect the performance of the work under contract. It shall
be assumed that the contractor has full knowledge of all conditions of this site, both surface and
subsurface, and shall not be relieved of responsibility for any loss occurred by virtue of unknov,n
conditions or difficulties of performing work under contract.
Engineered Fill - Engineered Fill is compacted soil, less of organic and/or deleterious material,
which has been moisture conditioned and compacted to meet requirements according to the
project specifications.
Testing Methods - ASTM specifications refer to the latest edition of the Standard Specifications
of the American Society for Testing and Materials.
A4.3 GRADING AND EARTHWORK
All site preparation and earthwork operations should be performed in accordance with applicable
codes. Maximum dry density refers to the maximum dry density established in accordance with
ASTM Dl557 or ASTM D4253. ASTM D1557 will generally produce a well-defined maximum
dry density for non-free draining soils and should be appropriate for testing the native on-site
soils.
A4.3.1
Site Preparation
The Development area should be stripped of loose or soft earth cap materials and stockpiled for
reuse as engineered fill. Excavation work shall include the removal of existing debris,
uncompacted fill, topsoil and alluvium that, in the judgement of the geotechnical engineer, is
compressible, collapsible or contains significant voids.
The excavation operations should expose a firm, non-yielding native subgrade that is free of
large voids. The subgrade soils exposed at the bottom of each excavation should be observed by
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the CQA Engineer prior to the placement of any fill to confirm that all unsuitable soil has been
removed. Additional removals may be required as a result of observation and testing of the
exposed subgrade soils.
Prior to fill placement, soil samples should be collected from the exposed excavation subgrade
soil to evaluate the potential impact of contaminants on the native alluvium beneath the landfill
material. Soil sample collection locations shall be selected in the field based on a statistical
random plot in accordance with the statistical protocol presented in Chapter 9 of EP A-SW -846.
A total of 12 soil samples from the subgrade area shall be collected from random generated
locations.
Prior to placement of compacted fills, after site preparation and excavation, processing of the
approved subgrade should be performed by moisture conditioning to near optimum moisture
content and compacted to a minimum of90 percent relative compaction based on ASTM D1557.
A4.3.2
Engineered Fill
Miscellaneous waste encountered throughout the landfill shall be separated from reusable
material and stockpiled for disposal at a licensed waste facility. Concrete rubble shall be
mechanically reduced in size not to exceed 8 inches in the largest dimension. The processing of
concrete debris shall include reduction in size by mechanical methods. Processing could involve
mechanically crushinglbreaking the concrete debris with jackhammers, dozers and/or trackhoes.
During the separation and pre-grading processing of concrete debris, all metal rebar and/or
reinforcement materials should be removed and stockpiled for disposal offsite at a licensed waste
facility. The processed concrete can be utilized for compacted fill material.
Fill material shall consist of suitable on-site materials, processed concrete rubble or imported fill.
All materials used for Engineered Fill shall have a maximum size of 8-inches. Additional
qualifications may be set forth by the CQA Engineer. The fill shall possess sufficient fine sizes
such that no nesting or voids result in the recompacted mass. Blending of excavated materials
may be necessary to satisfy this requirement. All materials used, as Engineered Fill shall be
continuously subject to review and approval of the geotechnical engineer.
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Processed concrete debris can be mixed with fill soils during site grading. In general, the depths
at which processed debris can be buried will depend on the particle SIze. Preliminary
recommendations for using processed concrete in fill soils are as follows:
DeDth Below Final Grade
Maximum Particle Size
0- 3 feet
6-inches
3-15 feet
8-inches
The debris should be well mixed with the fill soils so they are not nested and voids not present
between individual fragments. All exposed rebar, wire, steel and other deleterious materials
should be completely removed for disposal offsite.
Fill should be placed in lifts no greater than 12 inches thick, loose measurement, uniformly
moisture conditioned and should be compacted to at least 90 percent relative compaction. Fill
should be compacted to at least 95 percent relative compaction in the upper 12 inches below
proposed pavement areas. Import materials should be observed and tested by the CQA Engineer
before placement as fill. All earthwork operations should be observed and tested by the CQA
Engineer. When, in the judgment of the geotechnical engineer, sufficient compaction effort has
not been used, or where the field density tests indicate that the required compaction or moisture
content has not been obtained, or if "pumping" or other indications of instability are noted, the
fill shall be reworked and recompacted as needed to obtain a stable fill at the required density
and moisture content prior to placing additional fill materials.
A4.3.3
Best Management Practices
Best Management Practices (BMP's) will be implemented during construction. Ponding and
infiltration of water into exposed debri or in areas directly adjacent to debri left-in-place will be
prevented by using earth beams, plastic sheeting and/or other appropriate methods approved by
the CQA Engineer.
All stockpiled materials on site, including materials that will be transported off site for disposal
shall be covered with plastic sheeting or tarps if rain is predicted in the area prior to removal.
Run-off from stockpiled materials and construction areas shall not be allowed to flow ofT site.
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A4.4 DEVELOPMENT AREA
Following grubbing of surficial material and prior to excavation of the landfill debris, the cover
soils shall be removed and temporarily stockpiled for later reuse. The landfill debris within the
development area shall be excavated to native alluvial soil.
Excavated landfill debris shall be separated into reusable fill material (consisting predominately
of concrete and soil) and unsuitable waste material designated for offsite disposal. The materials
shall be separated by mechanical equipment including loaders, trackhoes and/or dozers. Once
the concrete debris and soil has been separated from the waste material, the larger concrete
fragments shall be broken into smaller pieces for reuse as engineered fill. The remaining
excavated debris, including wood, steel, piping, plastics, etc., shall be separated for disposal off-
site at a licensed waste facility. Following processing of the concrete soil materials and landfill
debris for export, samples shall be collected from the stockpiles and tested for chemicals that
may be present. The purpose for soil and waste sampling is to obtain information for assessing
the potential extent of the contaminate of concern (Cae) impact to site soils and waste so that
one or more appropriate corrective actions can be developed and for off-site disposal of
excavated waste debris.
Documentation of the extent of fill removed and the limits ofleft-in-place landfill material shall
be conducted during site grading.
After the results of the chemical analyses have been return and reviewed by the CQA Engineer,
the unusable landfill material shall be transported for disposal offsite.
A4.5 RESTRICTED DEVELOPMENT ZONE
Left-in-place debris within the approximately 4 acre 200-foot wide restricted development zone
will require the installation of a final cover in accordance with Title 27 of the California Code of
Regulations CCR-~21790, ~21140, ~21090. The thickness of the existing interim soil cover in
the restricted development zone is between 0.5 to 2.0 feet.
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A generalized profile of the final soil cover is presented on Plate 5. The final cover shall be
constructed as follows:
1. The existing soil cover landfill cap shall be removed and stockpiled for reuse as engineered
fill.
2. The landfill debris surface shall be removed to a depth of approximately 5 feet below the
proposed rough grade elevation and processed similarly as the Development portion of the
Site.
3. A compacted soil layer approximately 1 foot thick shall be placed over the surface of the
in-place landfill debris and compacted to at least 90 percent of maximum density based on
ASTM 1557 test methods.
4. A geofabric layer shall be placed over the temporary landfill cutslope between the
Development area and the 1 foot thick soil layer over the surface of the in-place debris.
5. A nominal 4 feet thick compacted soil layer shall be placed over the geofabric.
6. Imported soils will be required as engineered fill to meet design grades due to the anticipated
removal of deleterious debris and shrinkage of fill across the site.
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GLOSSARY
Construction Drawings - The drawing(s), which describe construction, plans, sections and
details.
Construction Specifications - The specifications which describe the construction standards,
materials, and methods.
Construction Quality Assurance (CQA) - The methods, procedures, activities, and
communications followed to reasonably assure that the foundation, low-
permeability and vegetative soil layers are constructed in accordance with the
construction drawings and specifications.
CQA Engineer - The professional firm or individual responsible for construction quality
assurance and preparing the construction completion report.
Final Cover - The landfill final cover consisting of a 4-ft minimum thickness soil cover over
geofabric constructed over the left-in-place landfill debris.
Excavation, Grading and Final Cover Contractor - The company responsible for earthworks
and constructing the final cover in reasonable conformance with the
construction drawings and specifications.
Soil Type - Soil having readily differentiable characteristics such as color, texture and plasticity
using visual-manual soil classification procedures.
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APPENDIX A-A
American Society for Testing and Materials Standards
D 421-85 Practice for Dry Preparation of Soil Samples for Particle-Size
Analysis and Determination of Soil Constants
D 422-63(1990) Method for Particle-Size Analysis of Soils
D 653-90 Terminology Relating to Soil, Rock, and Contained Fluids
D 1140-92 Test Method for Amount of Material in Soils Finer than the No.
200 Sieve
D 1557-91 Test Methods for Moisture-Density Relations of Soils and Soil-
Aggregate Mixtures Using lO-lb Rammer and 18-in Drop
D 1587-83 Practice for Thin-Walled Tube Sampling of Soils
D 2216-92 Method for Laboratory Determination of Water (Moisture)
Content of Soil, Rock, and Soil-Aggregate Mixtures
D 2217-85 Practice for Wet Preparation of Soil Samples for Particle-Size
Analysis and Determination of Soil Constants
D 2487-92 Test Method for Classification of Soils for Engineering Purposes
D 2488-90 Practice for Description and Identification of Soils (Visual-
Manual Procedure)
D 2922-91 Test Methods for Density of Soil and Soil-Aggregate In Place by
Nuclear Methods (Shallow Depth)
D 2937-83(1990) Test Method for Density of Soil In Place by the Drive-Cylinder
Method
D 4318-84 Test Method for Liquid Limit, Plastic Limit, and Plasticity Index
of Soils
D4632-91 (1997) D4632-91(1997) Standard Test Method for Grab Breaking Load
and Elongation of Geotextiles
D5261-92(1996) Standard Test Method for Measuring Mass per Unit Area of
Geotextiles
D 4643-87 Test Method for Determination of Water (Moisture) Content of
Soil by the Microwave Oven Method
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-YPL'\DIX B
L',IERGE"'-:CY L[S:;G~-;SE P;~AN
APPENDIX B
EMERGENCY RESPONSE PLAN
LANDFILL AT THE NORTHEAST CORNER OF
V ANDERBIL T WAY AND WATERMAN A VENUE
SAN BERNARDINO, CALIFORNIA
PREPARED BY
KLEINFELDER, INC.
1940 Orange Tree Lane
Redlands, California 92374
(909) 793-2691
July 2, 2001
This document was prepared for use only b~' the client. onl~' the purposes stated. and within a reasonable time from issuance. Non-
commercial, educational and scientific use of this report by regulatory agencies is regarded as a "fair use" and not a violation of
copyright. Regulatol"}' agencies may make additional copies of this document for internal use. Copies may also be made available to the
public as required by law. The reprint must acknowledge the copyright and indicate that permission to reprint has heen received.
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APPENDIX B
EMERGENCY RESPONSE PLAN
LANDFILL AT THE NORTHEAST CORNER OF
V ANDERBIL T AND WATERMAN A VENUES
SAN BERNARDINO, CALIFORNIA
Regulatory Background
Pursuant to 27 CCR Chapter 4, Subchapter 4, Article 2, Section 21830, the Emergency Response
Plan for the Landfill at the Northeast Corner of Vanderbilt Way and Waterman A venue in San
Bernardino, California (the Site) has been prepared as part of the Final Closure. During the
closure period, a copy of the Emergency Response Plan will be maintained at the location shown
below pending written approval from the LEA and CIWMB:
BP- California Job Site Trailer
Northeast Corner of Vanderbilt Way and Waterman Avenue
San Bernardino, California 92408
The purpose of the Emergency Response Plan is to identify occurrences, which may exceed the
site design and endanger the health of the public or the environment. The plan also includes
procedures to minimize potential hazards. The occurrences addressed in this Emergency
Response Plan are listed below and discussed in the following paragraphs:
. Vandalism
. Fire
. Explosions
. Earthquakes
. Floods
. Collapse or failure of landfill slopes
. Surface drainage problems
. Waste product releases
Hazard Minimization Procedures
This section contains the measures that will be enforced to minimize potential hazards at the
landfill.
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Vandalism
To guard against vandalism, the site is surrounded and secured by a chain link fence. Entrance
to the site is controlled through one access gate. Access must be prearranged with a
BP California employee authorized to open the gate. There are no maintained access roads
located across the site.
Fires
The site has a minimal potential for fire under present conditions. During the proposed landfill
closure grading, the debris will be excavated and processed and then placed back as compacted
engineered fill. Future development will include, but will not be limited to, the construction of
office space on a portion of the property. The western 2.3-acres of the project site adjacent to
Waterman Avenue is proposed to be developed to include a hotel with asphalt pavement and
other appurtenant improvements. The implementation of these improvements will eliminate the
possibility of a fire hazard.
Because the site is located within the City limits, the San Bernardino Fire Department will
provide fire prevention and control at the landfill site. The nearest fire station is located
immediately adjacent to the site along the eastern boundary along Vanderbilt Way.
Explosions
Localized areas within the Site may produce levels of methane gas as part of the landfill gas
(LFG) matrix that may approach or exceed the lower explosive limit (LEL) of methane gas
(defined as five percent in air by volume). Field personnel will monitor LFG with a combustible
gas indicator (CGI), property calibrated to the manufacturer's LEL. Once LEL readings are
observed below 50 percent, work may begin with continuous monitoring.
Earthquakes
The Site is within the Uniform Building Code (UBe) Seismic Zone 4. Displacement on the
faults mentioned below is expected to product moderate to strong ground motion at the site.
. San Andreas
. San Jacinto
. Whittier-Elsinore
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The nearest known significant fault is the San Andreas, which includes the subparallel San
Jacinto located approximately 1 mile west of the site. The San Andreas Fault Zone is capable of
producing an earthquake with a magnitude of 7.3 on the Richter Scale.
Floods
The Site is situated along the Santa Ana River channel and according to the Flood Insurance Rate
Map (FIRM) database web page, the Site is situated within the 1 DO-year flood zone as required
by WDR No. 87-140. However, due to site regrading and recent improvement to the Santa Ana
River channel including construction of the Seven Oaks Dam the potential for flooding is
considered low.
Collapse of Landfill Slopes
Since there will not be any exposed landfill slopes exposed on the Site, the potential of the
collapse of a landfill slope is considered not an issue.
Surface Drainage Problems
The final cover for the left-in-place landfill material has been designed to maintain a minimum
slope throughout the postclosure maintenance period. Future development designs will include
surface pavement and perimeter drainage channels to provide adequate flow rates to direct all
surface water away from the restricted use zone.
Waste Product Releases
If buried drums or containers containing liquid or suspected of containing liquid are encountered
during excavation. The excavation will be terminated immediately to evaluate the containers and
notify the oversight agency. If a container is punctured and liquid begins to leak, an inert
absorbent (clay or sand) will be placed on the liquid. The excavation will be bermed and
covered with plastic, pending the evaluation, sampling and analysis of the chemicals and
remediation.
Response Procedures
In addition to the emergency response procedures detailed in this plan, the agencies listed in the
Regulatory Notification section and the Kleinfelder personnel listed below will be notified if a
failure or release occurs:
Michael O. Cook, CEG, RG Office (909) 793-2691
Cell (909) 538-8786
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Mitigation measures are outlined in the Corrective Actions section.
Corrective Actions
Occurrences which could require corrective action and their corresponding measures are
described in this section. For a list of the availability of equipment necessary to mitigate each
type of emergency, see Table B-1.
When possible, these procedures should be followed for hazard mitigation. If damage occurs to
the restricted use zone asphalt cap or associated structures (such as drainage control features), the
damage should be assessed by a registered Civil Engineer. Damage to any of the layers must be
repaired so that the integrity of the restricted use zone closure cap design is maintained.
Regulatory Notification
If a failure or release occurs which requires emergency response action, the agencies listed below
will be contacted:
San Bernardino County Fire Department
Hazardous Materials Division
Emergency Response and Enforcement
385 N. Arrowhead Avenue
Second Floor
San Bernardino, California 92415-0153
(909) 387-3044 / (800) 33-TOXIC
County of San Bernardino
Department of Health Services
Environmental Health Services Division
385 N. Arrowhead Avenue
San Bernardino, California 92415-0160
(909) 387-4655
State of California
Regional Water Quality Control Board
Santa Ana Region
3737 Main Street, Suite 500
Riverside, California 92501-3339
(909) 782-4130
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State of California
Department of Health Services
Toxic Substances Control Program Region 1
Site Mitigation Unit
10151 Croydon Way, Suite 3
Sacramento, California 95758
(916) 255-3773
State of California
Integrated Waste Management Board
c/o Office of Emergency Services
2800 Meadowview Road
Sacramento, California 95832
(916) 262-1843
Amending the Emergency Response Plan
In compliance with 27 CCR Chapter 2, Subchapter 5, Article 2, Section 21130, this Emergency
Response Plan will be amended under the following section:
. If a failure or release occurs which the plan does not provide an appropriate response;
. If the postclosure use and/or structure on the site change and the changes are not addressed in
the current plan; and
. If either the LEA or CIWMB notifies the city, in writing, that the existing emergency
response plan is inadequate under the provisions of 27 CCR Chapter 2, Subchapter 5,
Article 2, Section 21130.
In these cases, BP California shall submit a written copy of the amended Emergency Response
Plan to the LEA and the CIWMB.
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TABLE B-l
Availability of Emergency
Mitigation Equipment
Emergency
Type of Equipment
Required
Availability
vandalism
construction
security
C
A
fire
fire fighting
construction
B
C
explosion
fire fighting
construction
B
C
floods
(I)
collapse of containment
structure
construction
c
surface drainage problems
construction
c
waste product releases
vanes
D
Key to Availability
A On-Site, immediately available
B A vailable in less than I hour
C Available in less than 24 hours
D Availability dependent on type of mitigation measure
It is unlikely that these events will cause emergencies at the landfill.
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APPENDIX B
EMERGENCY RESPONSE PLAN
LANDFILL AT THE NORTHEAST CORNER OF
V ANDERBIL T WAY AND WATERMAN A VENUE
SAN BERNARDINO, CALIFORNIA
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APPENDIX C
APPLICATION FOR AUTHORIZATIOl' TO USE
APPENDIX C
APPLICATION FOR AUTHORIZATION TO USE
Landfill
Northeast Corner of Vanderbilt War and Waterman Avenue
San Bernardino. California
Report originally prepared for BP California
File Number: 56-2079-01
Report Date: July 2. 200 1
KLEINFELDER,INC.
1940 Oranf!e Tree Lane
Redlands. CA 92374
909.793.2691
909.792.1704
To Whom It May Concern:
Applicant understands and agrees that the above-referenced report for the subject site is a
copyrighted document, that Kleinfelder, Inc. is the copyright owner and that unauthorized use or
copying of the report for the subject site is strictly prohibited without the express \\-Titten
permission of Kleinfelder, Inc. Applicant understands that KIeinfelder, Inc. may withhold such
permission at its sole discretion, or grant permission upon such terms and conditions as it deems
acceptable.
!h' si~ning below, the Relvina Parties agree to the same terms and conditions as
K1einfelder's original client, Incfuding any lImitations of liability or indemnity obligations.
The ori~!lal services agreement mayoe obtained from the original client ide'ntifiea above
or from .l\..leinfelder, upon request. .
. . .... .<:: To be Completed bv Kleinfelder. Inc.
',.:;':'.'~?:'{:::-.."_-,;:~; >f:;'::~~'H';~f~,'.;.::c_;~_2'+~::::d::,:;_;:_'?':':>!:X(,;.0::: <~~+]~_--~~:~_'__':~: ~', " _', :',.c ,_.:
:".:Approvelfor reuseWlth applicant agreeing to above
. .>'orig~ c1ieiit'.1~~~onaI fees are estimated at $
. . Disa!'proved, repo~~ri~eds to be updated.
Date:
1 \...7:'{i/^ . ~:.
"'":' .
..,.:....:.,..';
Kleinftlder, Inc.
RETURN COMPLETED FORM TO KLEINFELDER
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NOTICE OF 2002 PROPERTY OWNER
REDEVELOPMENT AGREEMENT
EXHIBIT "D"
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401
Attn: Executive Director
(Space Above Line For Use By Recorder)
[Recordation of this Document is Exempt From Fees
Payable to the Recorder Pursuant to Government Code
Section 6103]
NOTICE OF 2002 PROPERTY OWNER
REDEVELOPMENT AGREEMENT
-- Redevelopment Agency for the City of
San Bernardino: BP California -
TO ALL INTERESTED PERSONS, PLEASE TAKE NOTICE
THIS NOTICE OF 2002 PROPERTY OWNER REDEVELOPMENT AGREEMENT
(the "Notice") is dated as of _,2002, by and between BP California, a
California corporation (the "Property Owner") and the Redevelopment Agency of the City of San
Bernardino (the "Agency"). This Notice affects certain real property in the City of San Bernardino,
County of San Bernardino, California, located at the northeast comer of W aterman Avenue and
Vanderbilt Way, San Bernardino, California (the "Property"). The Property is more particularly
described in the legal description attached hereto as Exhibit "A" and incorporated herein by this
reference.
PLEASE TAKE FURTHER NOTICE that the Property Owner and the Agency have
entered into that certain "2002 Property Owner Redevelopment Agreement" (the "Agreement"),
dated as of , 2002, which affects the Property and which includes community
redevelopment covenants ofthe Property Owner and the Agency that benefit and burden the Property
and run with the land for the period of time as set forth therein.
Section 7 of the Agreement is entitled:
Covenant Against Unlawful Discrimination. The terms and provisions of Health and Safety
Code Section 33436 prohibiting various types of unlawful discrimination are hereby incorporated
into this Agreement by this reference.
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Section 9 of the Agreement is entitled:
Covenants Running With the Land. This Agreement is expressly declared by the
parties for themselves and for their successors and assigns of each of them, to be for the benefit of
the Property and the redevelopment project area of the Tri-City Redevelopment Project.
Accordingly, the provisions of Section 7 of this Agreement, but no other provisions, are a covenant
running with the Property in perpetuity.
Interested persons may inspect a copy of the text of the Agreement, which is on file as
a public record of the Agency, in the office of the Agency Secretary during the regular business hours
of the Agency.
This Notice may be executed by the parties in counterpart. The recordation of this
Notice is authorized by action of the Agency under Government Code Section 6503 and Health and
Safety Code Sections 33337, 33338 and 33339.
PROPERTY OWNER
BP California, a California corporation
Date:
By:
Its:
AGENCY
Redevelopment Agency for the City
of San Bernardino
Date:
By:
Executive Director
[ALL SIGNATURES TO BE ACKNOWLEDGED]
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COUNTY OF
)
)
)
STATE OF
On ,2002, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
, personally known to me or proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and
that by hislher/their signature(s) on the instrument the person(s), or entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
)
)
)
STATE OF
COUNTY OF
On , 2002, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
, personally known to me or proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and
that by hislher/their signature(s) on the instrument the person(s), or entity upon behalf of which the
person( s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
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LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT "A"