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Home My WebLink AboutR37-Economic Development Agency , , . ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel Executive Director SUBJECT: B P CALIFORNIA - PROPERTY OWNER REDEVELOPMENT AGREEMENT DATE: September 12, 2002 c.":. ~,...~L ''flwonsis of Previous Commission/Council/Committee Action(s): On July 18, 2002 the RDA Committee voted unanimously to recommend to the Community Development Commission approval of a redevelopment agreement by and between the Agency and B P California. Recommended Motion(s): (Communitv Develonment Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A 2002 PROPERTY OWNER REDEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND BP CALIFORNIA, A CALIFORNIA CORPORATION AND AUTHORJZING THE EXECUTION OF THE AGREEMENT BY THE EXECUTIVE DIRECTOR ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO --.-------------------------------------------------------------------------- Contact Person( s): Project Area(s) Gary Van Osdel Tri-City Phone: (909) 663-1044 Three (3) Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters 1.2 Mil $200,000 Tri City bond proceeds; $1 FUNDING REQUIREMENTS Amount: $ (approx) Source: Million In Tax Increment Revenues Budget Authority: Requested SIGNATURE: J(j/1 J(j.;)- -:If f. 3 r; _g~_~~_~L:_~m_mm_m______mm___mm_mm_________m' iI'wINOOWS\Temporary Internet Filcs\OLK81 F4\Static copy of Agenq Staff Report.doc COMM: Age. -------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- B P California Property Owner Redevelopment Al!reement BACKGROUND B P California (the "Owner"), a California Corporation, owns an approximately 9-acre site located at the northeast corner of Waterman Avenue and Vanderbilt Way in the City of San Bernardino (the "Site"). The Owner has owned the Site since 1978. In order for the Site to accommodate development, an old private landfill that previously existed on the Site must be remediated. To that end, the Owner has prepared a "closure plan/work plan" that has been approved by the County Department of Environmental Health Services. In addition, the Owner has solicited bids to carry out the "closure plan/work plan" which is estimated to cost approximately $3,000,000. Pursuant to the "closure plan/work plan", Site remediation (the "Remediation Project") will involve (I) excavation of portions of the Site, (2) offsite disposal of from 15,000 to 20,000 cubic yards of excavated materials at both Class I and Class II landfills, depending on the nature of the materials, (3) the import of soil for backfilling the excavation, (4) the screening and re-compaction of approximately 100,000 cubic yards of excavated materials and (5) the import of soil for capping. The remediation of the environmental problems on the Site will restore the Site to productive and valuable uses. Upon the completion of the Remediation Project, the Owner will be able to sell the Site to third parties who will, in turn, develop the Site for uses, as permitted under the Tri-City Redevelopment Plan and the City's zoning. Initially, the Owner requested $2,000,000 in financial assistance from the Redevelopment Agency to defray part of the cost of carrying out the Remediation Project. Such assistance was proposed by the Owner to be payable as $500,000 from the Agency upon execution of the Agreement plus 50% of Site tax increment and other revenues of the Agency. The Community Development Commission rejected this original request and directed staff to negotiate with the Owner in hopes of achieving a more equitable arrangement. CURRENT ISSUE Negotiations with the Owner have resulted in the following key provisions for Agency assistance being agreed to: Agency to provide a $200,000 grant to Owner upon satisfactory evidence of, at least, $200,000 worth of physical remediation work being completed on the Site, in accordance with the "closure plan/work plan", and to remit to the Owner 75% of net tax increment received by the Agency for ten years (described as "Site Tax Increment" in the proposed Agreement) from an approximately three acre portion of the site and for thirteen years from the remaining approximately six acre portion of the Site. The completion of the Remediation Project will accomplish a level of --------------------------------------------------------------------------------------------------------------------------------------------------- C\WINOOWS\Temporary Internet Files\OLK81 F4\SUllic f;Opy of Agency StafTRepon.&x: COMMISSION MEETING AGENDA . . . Economic Development Agency Staff Report B P California August 28, 2002 Page Number -2- -------------------------------------------------------------------------------------------------------------------------- enviromnental remediation of the Site that will help restore the Site to economically productive use and eliminate conditions of blight within the Tri-City Redevelopment Project Area. Based on the success of negotiations, staff is seeking Community Development Commission consideration and approval of a Property Owner Redevelopment Agreement with BP California. ENVIRONMENTAL IMPACT The Site is within the Tri-City Redevelopment Project Area, which was the subject of an Enviromnental Impact Report (EIR) pursuant to the California Enviromnental Quality Act (CEQA) at the time of the redevelopment plan adoption. The Remediation Project contemplated in the proposed Agreement was also previously analyzed pursuant to CEQA by the City of San Bernardino, as part of a Development Code Amendment and Conditional Use Permit process, resulting in the adoption by the Mayor and Common Council, on May 20, 2002, of a Mitigated Negative Declaration for the proposed Remediation Project and subsequent development activities contemplated on the Site. No substantial changes in the project or the circumstances under which the project is undertaken or new information of substantial importance allow additional enviromnental review of the Remediation Project by the Agency, as set forth in Public Resources Code Section 21167 and Title 14 California Code of Regulations Section 15162. FISCAL IMPACT The $200,000 initial grant payment to the Owner during implementation of the Remediation Project will be paid out of the 2002 Tax Allocation Bond proceeds. Agency staff estimates that, as a result of the Remediation Project and the potential subsequent development of the Site, the Agency could receive upwards of $170,000 gross tax increment per year through the remaining life of the Tri-City Redevelopment Project (23 years). Based on this assumption of potential future development, after deduction of mandatory pass-throughs and twenty percent set-aside amounts, between $115,000 and $135,000 may be available to the Agency to pay its share of the cost ofthe Remediation Project. RECOMMENDATION That the Community Development Commission adopt the attached Resolution approving a Property Owner Redevelopment Agreement with BP California. C:\WlNDQW5\Tcmpor1lI'y Internet FilcslOLK81 F4\Stalic copy of Agency StaffReport_OOc COMMISSION MEETING AGENDA Meeting Date: 09123/2002 Agenda Item Number: ~ C 1 2 3 4 5 6 7 8 9 10 11 12 C 13 14 15 16 i~ (::y; rn! '0~1 \~J~uU RESOLUTION NO. 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 WHEREAS, BP California (collectively, with any related entity, the "Property Owner") has requested that the Redevelopment Agency of the City of San Bernardino (the "Agency") approve the terms of a Property Owner Redevelopment Agreement (the "Agreement") for the purpose of supporting the redevelopment and reuse of certain lands and providing financing for the remediation of the old landfill site at the northeast comer of Waterman Avenue and Vanderbilt Way, San Bernardino, California (the "Project"); and WHEREAS, the Project is consistent with the goals of the Tri-City Redevelopment Project Area and the City of San Bemardino General Plan; and WHEREAS, the Project will result in the remediation of a nine acre landfill site to assist the Agency in accomplishment of its goal to reduce blight in the project area, pursuant to the 17 Community Redevelopment Law. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COI\.1MUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 20 Section I. The above recitals are true and correct. 21 Section 2. The City of San Bernardino has, by separate action, previously approve 22 the Project, subject to a number of conditions and development impact mitigation measures, an 23 the Property Owner shaH be responsible for complying with those conditions and measures. 24 copy of the May 20,2002, CEQA determination of the Mayor and Common Council of the Cit C,,25 of San Bernardino is on file with the Agency Secretary. The Community Developmen -1- 08/05/02 B P California C 1 2 3 4 5 6 7 9 10 11 12 13 C 14 15 16 17 18 19 20 21 22 c Commission, as the governing board of the Agency, finds that no substantial changes in the project or the circumstances under which the project is undertaken or new information of substantial importance allow additional environmental review of the Project by the Agency, as set forth in Public Resources Code Section 21167 and Title 14 California Code of Regulations Section 15162, and that for the purpose of approving the Agreement and providing the redevelopment assistance to be provided to the Property Owner under the terms of the Agreement, no further environmental review of the Project or the Agreement by the Commission is necessary in connection with its 8 consideration or approval of the Agreement. Section 3. The Community Development Commission hereby approves the Agreement with the Property Owner. The Community Development Commission hereby authorizes and directs the Executive Director to execute the Agreement on behalf of the Agency. The Executive Director of the Agency is hereby authorized to make minor corrections, additions, and clarifications to the Agreement prior to its execution, provided said changes are not substantive in nature, and do not increase the monetary impact to the Agency under the terms of the Agreement as hereby approved. A copy of the 2002 Property Owner Redevelopment Agreement is on file with the Agency Secretary. Section 4. Subject to the satisfaction by the Property Owner of the conditions set forth in the Agreement, the obligation of the Agency to make the reimbursements to the Property Owner under the terms of the Agreement from the special source offunds described in the Agreement, shall be an "indebtedness of the Agency," as this term is defined in Health and Safety Code Section 33675. The Executive Director is hereby directed to cause the Statement otlndebtedness for the Tri- City Redevelopment Project to include the indebtedness of the Agency to the Property Owner, as evidenced by the Agreement, to be filed with the Auditor-Controller of San Bernardino County in 23 the manner authorized by law. 24 25 26 27 28 .2. 08105/02 BP California c The authorization to execute the Agreement is rescinded if the Agreement Section 5. 2 is not fully executed by both parties within sixty (60) days of the passage of this Resolution. 3 Section 6. 4 IIII 5 6 7 8 9 10 11 12 C13 14 15 16 17 18 19 20 21 22 23 24 C25 This resolution shall take effect immediately upon its passage. -3- 08/05102 8 P California 7 thereof, held on the day of 8 COMMISSION MEMBERS: AYES NAYS 9 ESTRADA 10 LIEN II MCGINNIS 12 DERRY 13 SUAREZ C 14 ANDERSON 15 MCCAMMACK 16 17 18 19 C 2 3 4 5 6 20 21 22 23 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 B P 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 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meetin , 2002, by the following vote, to wit ABSTAIN ABSENT CITY CLERK The foregoing Resolution is hereby approved this day of ,2002. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and 24 legal content: ')' -) 26 By: 27 C 28 I I II I, . r ,j)" _ ,', .._A.___\..:.. /', ~ ,,{ i / Agency Counsel 1/ I / / I i -4- 08105/02 B P California 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 W aterman 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. A portion of the Property was previously used as the privately owned and operated "Blacklands 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: (I) this Agreement is approved by the Community Development Commission of the City of San Bernardino, as the governing body of the Agency, (2) this -1- SB200B0454.\ 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 PlanlWork Plan"). A true and correct copy of the approved Draft Closure PlanlWork Plan is attached to this Agreement as Exhibit "c" and incorporated herein by this reference. The approved Draft Closure PlanIW ork Plan includes, but is not limited to, (I) excavation and off site disposal of Hazardous Substances and other waste, including transportation to and disposal of such matter at Class I or n 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 PlanIW ork 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 ofthe City of San Bemardino, as the goveming 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 redevelopment covenants of the Property Owner contained in this Agreement, will eliminate conditions of blight within the Tri-City Redevelopment Project Area. -2- 5B2002:30454.1 Section 4. the Propertv Owner. Agencv Reimbursement of a Portion of the Costs ofthe 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 Three Million Dollars ($3,000,000) 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: (Total Property Taxes Paidll)-(Base Year Valuell)-(tax increment revenue from the Property deposited into the Low and Moderate Income Housing Fundll)-(Pass- Thru Amountsll) = Site Tax Increment I For purposes of the fommla 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 -3- 882002:30454.1 (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 W aterman Avenue and designated in Exhibit "B-2" as "Parcel A", 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 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 Three Million Dollars ($3,000,000). (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 Three Million Dollars ($3,000,000). (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 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 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 aroended 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 aroended or superseded, or by agreement. -4- 8B200230454.1 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 Three Million Dollars ($3,000,000). 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 ~., 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 Projectto 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 employees and contractors comply with all applicable Environmental Laws. (g) The representations, warranties, covenants and agreements ofthe Property Owner set forth in this section shall survive the expiration or termination of this Agreement for a period oftbree (3) years. Section 6. Environmental Indemnity of the Agencv bv the Propertv Owner. The Property Owner hereby agrees, at its sole cost and expense, to fully indemnify, protect, hold harmless, and defend -5- S82oo230454.\ (with counsel selected by the Property Owner and approved by the Agency, which approval shall not be unreasonably withheld) the Agency and its trustees, 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; 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. -6- SB200B0454.1 I. For the purposes of this Agreement, the term "Hazardous Substance" or "Hazardous Substances" means and includes, without limitation, all ofthe following: (I) 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, HMT A, 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) desiguated as a hazardous substance pursuant to 33 USC Section 1321 orlisted pursuantto 33 USC Section 1317, (e) a flammable explosive, or (f) a radioactive material; J. For the purposes ofthis 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 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 of1976 ("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") [IS 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 300fet seq.]; the Solid Waste Disposal Act [42 USC Section 6901 et seq.]; -7- 582002:30454.1 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 Agency or its 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 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. -8- SB2002:30454.1 (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 of this 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. ( 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 ofthe 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 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 -9- SB200230454.1 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. 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: 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 -10- 582002:30454.\ Section 14. Estoppel Certificates. Within fourteen (14) days following the request of either party, the other party shall certify in writing the status ofthe 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 party 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. Section 19. Waivers. No waiver of any provision ofthis 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 -11- S82002:30454.1 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 of the 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 anyway with or create any contractual duties by the Agency to any contractor, subcontractor, materialman, laborer, or any other person Section 24. Non-liability of Agencv. Officials and EmDlovees. (a) No member, official, employee, or consultant of 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 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 -12- SBZOOZ,30454.! 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 terms 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 ofintent 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 Agency, its governing board, commissions, agents, 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, 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 proofto 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 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. -13- 582002;30454.1 (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: (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. -14- S82oo2:30454.\ (e) The commercial general liability insurance required in Section 25( c) and (d), above shall include an endorsement naming the Agency and its officials, officers, 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 ofthis 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. (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. G) 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. -15- S82oo2:30454.\ Section 26. Force Maieure. 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, 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] -16- S82oo230454.1 THIS 2002 PROPERTY OWNER REDEVELOPMENT AGREEMENT is dated as of , 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. PROPERTY OWNER BP California, a California corporation Date: By: Its: AGENCY Redevelopment Agency ofthe City of San Bernardino Date: By: Approved As To Form: By: Agency Special Counsel -17- SB200230454.! VICINITY MAP OF THE PROPERTY EXHIBIT "A" _4r. - · ....~ ... .: f't) I c c o i3 ~ Cl ~ c "",...D'",O ie . - " ~ ~ :! ~ ........' '" OJ ~ :ill~ s~~~ J-- 11.... ~ui . ~.!~~ ~ " a:i ~, Q c: '6 ... !i! ... &l ~ UHI Iliff I'll!!" , Ifni oJllj .i~h ho'l 'hI" · ifl' Uf',h U 11 @ -, ..I,.. .." . i-,.-,."---- e 2 -,'~ o ~} ~ . i I I !. 'i.. ,~ '''' -;, ~ . @v :d " I I I I I I I I I I I , , , I " t I II ~ e~ ~ =- ,.: , , , , \ I! .\ ''I: ~ ~\ \l \ ~\ ':to ,~\ ~ V \ @~ \ ef ,; \ . @) ......\ . , " .C\f~ 1 I"; .. '11 ~\ 1 \ \ l' \ ~ 1 " " 1 i <8"'" \ " . \ . \ e . ~ . I \ ~ 1 I 9, t ~ \ I 1 I " ." - 'S - 3nIG\V '. '11"- NYWII3.LJM-- \I @ " @ ; s II ~"ee~ un~ ,., ..l ...",,, ~lf "008 ~ a"'rI I. 185 ..'" ., ",' N oS - "',.: - ",.. ~ci us _ ,,~ rS:t-: ...... ,..... -' . :t:en ........ "1lI' ":_1 :!!z- Q,z~ai N-d~ ;::;;; ...ilI - ~- ... '., .:l! 0 N lIot- t~l H~ Hi If) i ~ ! " .. LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT "B-1" c c c 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, SiATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY. EXaPTING 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; THENCI; NORTH 89 DEC:;. 33' 06" EAST, 90 FEET; THENCE SOUTH 0 DEC:;. 26' 54" EAST, 40 FEET, TO THE SOUTH PROPERTY LINE OF THE LAND CONVEYED TOV.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 (l.,N 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 iRUE POINT OF BEGINNING, IN THE EAST LINE OF SAID WATERMAN AVENUE; THENCE SOUTH 0 DEG. 36' 42" WEST, ALONG SAID EAST LINE 527.79 FEET; 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 FEEi 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 6, NORTH 89 DEG. 08' 15", 840.00 FEET TO THE TRUE POINT OF BEGINNING. DEPICTION OF THE PROPERTY EXHIBIT "B-2" c c c ~~ ~ ~I!.} \: .~~ 2"'~ - ~h~~ '3-:1. ~..;;a!S ("Y:[J~~"~~ ~ \ \ :;":. ~I ;; '...... .". ~ '~':;;" ". ~~ h ! ~ r~~lj 'r 1I1~t .. ~~!1=<~ ~ *dH:- \ .~ ,Iu<~,. Ii m ii~ ~ ~ .1; 1.0 ;31~ ~ - ~1I51s iih-!i . .~li\ o !l~f ;Z Is -- ! III ' n - R 15{ I =< 1..1 :! (a...:. I ~ t:~1I51 ,,~ I -I 1~lli 115 w ~i. ~~ U !11I5 i !!c ~ ! II !Ei 0.... Iii i i I~~ h . ~f!i ~ ~ H' ~!~ ~ ~ li a il~ ~ ~ :.'~I I t ~Ii i i ~ ~ ~ . s ~ ~ ~ ~ ~ -; . ~ t~ Q ~ . lit ~ t ~'~i =i ~ ~ ;~i~ ~. :! U:~~ f~~ ~ ~~= f ~ s~~ ~! 4 ."~ - ..-~ ~~< ~ - ~ S -I ~ ;~~! ~ I~ ;llli IJ~ s ~ l!l I 4 ., :lI. .,. \ 4- 'i ~ ,.. J ~ . . , QS- il~ Uc~ uh ~ ~~$U"' ~ ~ . -' i~i:ii ~ .$'. , ~Ii , ~~ ~ I! :: ,- 'I I~ li I: .1l<'l!Gt i~ ,...~ M. ad, ~~~ . I;a~ sFl.. i.;~ ~~: iU ......-. , ~. .- ;OJ-i ~I ,,,'" - - - ~ . ;nIl".'If tMWlv.... p \-1- I , i I , , ! i / .' . f _. I ~_ -:1 ~. :.': J .- I t; ~ II :>i' I ... DRAFT CLOSURE PLANAVORKPLAN EXHIBIT "C" ~s~~~ _{~:!~::1~,_~~, ~ ::"';.~'~-/:_-- z~~:~::~,-, - '.. .-./.~ -c. ",p__ ~. lei ~~ c' . ,-,,' 1;.... !-,~ r.<J" Ji;i !"" ~" - tJ! ,...., 11 I P: 11 '" .~ -~ -~''-'- . ;~. :'~~~1.!" '-.-..,..,-. ~, ~ V". -, "' .,.;"<~' ~-- ~_:o.~-_-" . ~~~~ - ::.' - .:::.,.;;~- . .". ,,~~~;;;~~~/ J~~ ~ ~ .~~~, -~'" - "__~_:,, '" .~.~.....> Ii- ,-::',- --' ''-' -. :';-=^~-:':'_'-:~t:'. .. -;~'o.ii:';"-~""'::~,-': ,:,.- . - " - : --;' . -' - -.~ -;- . -' "..' ."::::'.- ..'...-..:...... ~ -~ ':1- -;o;:}~ - ~~~J~ ~"'~. - .,r,,,,,,., ~_:'~"7"~" ">'-~~:~~~~:~~j~ ~~, ,-,,- ~. .' .{,~-- ""-"',.'. "i~" :"';-':.~'" ~. ':i~~~ C-'-,:1~'~",';' -:..:"-\ .. , ~..-~-<" .'co i:' .:.;,~---~~~~._; :-:;-~:!-< .-", "'".- . .~ ,j;ii~~~ ~~.:J~~\~<.3 ., p. :).:;-,.:-~/.:~-t-;t '. . . -. ;'":). F:~..' '..:,':~ ,.=. ,,.'" ;,~.::',;~# ..;,. -~ '~ :1~:": ':' ;~::i'~--: ~:, ".;:. .-.-~ .:.' ". ~- ::i-"~, July 2, 2001 _y:J. .' '. __'~':';. _.:c',,,.,. .:'; .~~;::.~,~~~.,~~~:,~: . . ?~~::;~/ "':'7;1r ,..-.;. ~f&~~ei:*:l~,,,," :~~T:i,~\;...?/!~. ..i:'~~~.~~~.' <: .:~~~~:;::;tt,:::~~t~:',~~:: ~~t~~ c~. ~ !.',.-' :'~i~'--' .- ...,,~.~. .,- .~. '. ~_f' .'- -~;--"-,,~: ":1:;~~-~:::.;- ""';.,..-' ~ ..This donJDellt Was prePa_fN for use o~1y bY t"c clialt, oaly dlc parposes.tated. ..d withia a re8soublc timc from issuanu. NOD-commcrdl~ '_~;;-cd.C8tictUi-iiYJ ,seie.d6;,I_:OI.;~i'eport-.ItJ._i'ep"tO".....~ arnpnf'-:.. n_f8ir uc" ..d aot a violatioD of copyright. ReaDlat.ory" ..\-t.i:uCll; ....,,_.ai'luJlcfditioD.1 ri'Pfts:ottbis doc.mc.t for iDtcl'II.i ui . Copies _y ablt be madc aYJilab~ to the public as required by law. The' nprillt must.c.tmow~ge tbe copyrigb.t ..~_ i~die.ate tbat permissioa to ~""'t lias bee. received. .' ;~~~~~-~~- !~. '~l~: ,~ -, 56'2079'0115621 R244 Copyright 2001Kleinf,lder, Inc. -~> -F:' ':.' """t;.'.: ~-'"", ../,;:". ~~~.~ '". ~,~ -,.., ;...."": ~ Page; ofv ...~~~~ d,t~~ .'-.'" ....;.t;;;;:.: . .fc'~;-' -.' ~ . July 2, 2001 I t I I I I I I I C I I I I I I :c I 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 91101 ...~ KLEINFELDER POST CLOSURE LAND USE PLAN LANDFILL AT THE NORTHEAST CORNER OF VANDERBILT WAY AND WATERMAN AVENUE SAN BERNARDINO, CALIFORNIA Kleinfelder File No. 56-2079-01.002 Prepared by ~..,,-- ~ f \--~ Carlos A. Campos II Environmental Staff Professional Reviewed by 7l1~J () !!eJ~ Michael O. Cook, RG, CEG Senior Geologist KLEINFELDER, 1Ne. 1940 Orange Tree Lane Redlands, California 92374 (909) 793-2691 July 2, 2001 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. Page ii of \' July 2, 2001 I t I I I I I I I C I I I I I I :c I TABLE OF CONTENTS SECTION PAGE 1. INTRODUCTION...............................................................................................................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 SETTING ....................................................................................15 2.1 Climatology ...........................................................................................................15 2.2 100- Year FLOOD ..................................................................................................15 2.3 Weather Stations .. ................... .................................................................. .............15 2.4 Temperature .............................................................. .............................. ...............15 2.4.1 Normal Annual Precipitation .....................................................................16 2.4.2 I 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 Cer 921090,921810).................................................................25 4.4.1 Site Preparation ................. ............................. ........... ...... ..... ............. .........25 4.4.2 Limits of Landfill Debris Removal............................................................26 4.4.3 Excavation and Debris Disposal................................................................26 4.5 Processing of Debris ..............................................................................................27 56-2079-0 I /5621 R244 Copyright 20(H Kleinfelder. Inc. Page iii of v July 2, 2001 I t I I I I I I I C I I I I I I ~ I 4.6 Fill Placement.. ......... .................... ......... ................................................................2 7 4.7 Final Cover Profile (27 CCR-~21790, ~21140, ~21090).......................................29 4.8 Final Grading (27 CCR ~21090, ~21142)..............................................................30 4.9 Settlement (27 CCR ~21090).................................................................................30 4.10 Surface Drainage (27 CCR ~21 090, ~21150) ........................................................30 4.11 Chemical SoillWaste testing ..................................................................................31 4.11.1 Procedures for Environmental Soil Sampling............................................31 4.11.2 Sampling Locations ...................................................................................31 4.11.3 Soil Sampling..................... ......................... ........................................... ....32 4.11.4 Equipment Cleaning.......................................................................... ..... ....32 4.11.5 Sample Containers .....................................................................................32 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 ~21090, ~20380 ~20420)................35 4.15 Landfill Gas Monitoring and Control Systems (27 CCR ~21090, ~21160, ~20921, ~20925) ..................................................................................................................3 5 4.16 Laboratory Analysis................................................... .............................. ..............36 4.17 Site Surveys (27 CCR ~21090).....................................................:........................37 4.18 Construction Documents (27 CCR ~21090)..........................................................37 4.19 Closure Schedule (27 CCR ~21090, ~21110, ~21790, ~21800)............................37 4.20 Closure Costs (27 CCR ~21800) ...........................................................................37 4.21 Closure Report ........................................................... ............................................3 8 4.22 Emergency Response Plan (27 CCR ~21130, ~21132) .........................................38 5. REFERENCES.................................................................................................................39 56-2079-0115621R244 Copyright 200 I Kleiofelder, Inc. Page iv of v July 2, 2001 I ~ I I I I I I I ~ I I I I I I I Table I Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Plate I 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 I 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 56-2079-0115621 R244 Cop)'nghI2001 Kleinfelder, Inc. Page v ofv Jul)' 2, 200 I I t I I I I I I I ~, I I I I I I Ie I I 1. INTRODUCTION Kleinfelder, Inc. (Kleinfelder) on behalf of BP California prepared this Post Closure Land Use Plan for the approximately 9.5-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 Vanderbilt 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 ofRegulatioos (27 CCR), Division 2, Subdivision I for Class III Solid Waste Landfill Closures, as required by the San Bernardino County Department of Public Health Department of Enviromnental 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 A venue 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 IOlO feet above mean sea level (MSL). Based on survey control conducted by Project Design Consultants (PDC) of Temecula, California, the Site 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. Page I of 40 luly 2, 200 1 I t I I I I I I I IC I I I I I I I Ie I 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 1981 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 11, 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 R WQCB oversight for over 10 years. Previous investigative work conducted by others on the Site includes the following: · Preliminary Soil Investigation and Dump Delineation by Pioneer Consultants in 1982, . 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. 56-2079-01/562 J R244 Copyright 200 I Kleinfelder. Inc. Page 2 of 40 July 2. 2001 I t I I I I I I I C I I I I I I ~ I 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, Preliminary Soil Revort and Dumv Delineation. vrevared bv Pioneer Consultants. dated Julv 19. 1982. BCL Associates, Inc., 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, Preliminary Environmental Audit. vrevared bv BCL Associates. Inc.. dated November 1987. 56-2079-01/5621 R244 Copyright 2001 Kleinfelder. Inc. Page 3 of 40 July 2, 2001 I t I I I I I I I C I I I I I I I 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 ofIead, copper, and cadmium in soil were found to be elevated, exceeding their respective Soluble Threshold Limit Concentrations (STLC) and their Total Threshold Limit Concentrations (TTLC) 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 off site. The concentrations for VOCs were below detection limits. Results of the investigation are presented in their report entitled, Solid Waste Assessment Test (SWAT) Reoort for Black/and Prooerties Site Located in San Bernardino. California. oreoared bv Woodward-Clyde Consultants. dated Julv 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 (IDS), 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. Tetrachloroethane (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 Monitorinr! Addendum to the Solid Waste Assessment Test (SWAT) Reoort dated Julv 1989 for the Tri-Cites (BP California) Site Located in San Bernardino California. oreoared 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 RWQCB requested two additional quarterly groundwater monitoring events to be conducted on the site. The results 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. Page 4 of 40 July 2, 200 I I C I I I I I I I C I I I I I I I presented by WCC of their findings were similar to those in their previous monitoring event with the addition of analysis of Total Petroleum Hydrocarbons (TPH) in monitoring well MW-2 with concentration of 0.35 f!gIl. 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 Monitorinl! Addendum to the Solid Waste Assessment Test (SWAT) Revort dated Julv 1989 For the Tri-Cites (BP California) Site Located In San Bernardino. California. Groundwater samvlinl! for the third and fourth auarters. 1995. prevared bv Woodward-Clvde Consultants. . dated Avril 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/l. 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 mgll. Results of the investigation are presented in their report entitled, Soil Samvlinr Revort vrevared 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, Geotechnical1nvestiration vrevared bv NorCal Enl!ineerinf!. dated October 8. 1999. 56-2079..Q 1/5621 R244 Copyright 2001 Kleinfelder. Inc. Page 5 of 40 July 2. 2001 I t I I I I I I I C I I I I I I I 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, Emdneerinf! Geolof!V Investif!ation Prooosed Extended Stav America Hotel No. 8822. Vanderbilt Wav and Waterman Avenue. San Bernardino. San Bernardino County. California. oreoared bv Krazan & Associates. Inc.. dated November ZO. 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! Investif!ation preoared bv Krazan & Associates. Inc.. 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. Prooosed Extended Stav America Hotel. Northeast 56-2079-011562 J R244 Copyright 200 I Kleinfelder. Inc. Page 6 of 40 July 2. 2001 I t I I I I I I I C I I I I I I I Corner of Waterman Avenue and Vanderbilt Wav. San Bernardino. California. prepared bv Krazan & Associates. 1nc.. dated November 20. 2000. Klein/elder, Inc., 2001 Kleinfelder completed a Site Characterization Study for the subject site in January 200 I. 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 S2J090 (1) (Closure and Post-Closure Maintenance Standards for Disposal Sites and Landfills - Optional Clean Closure), and S218 JO (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 of ND or less than the PQL of 20 ppm V. The methane analytical results indicate compliance with CCR Title 27 Division 2920921 (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 56-2079-01/5621 R244 Copyright 2001 Kleinfelder. Inc. Page 7 01'40 July 2. 2001 I t I I I I I I I '- I I I I I I I 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 oreoared bv Kleinfelder. Inc.. dated February 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 of24 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 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 mglKg 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 TILC 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 Investirwtion. 56-2079.01/5621 R244 Copyright 2001 Kleinfelder. Inc. Page 8 of 40 July 2, 200 I I C I I I I I I I ~ I I I I I I I ProDosed Extended Stav America Hote! #8822!. Northeast Corner of Waterman Avenue and Vanderbilt Wav. San Bernardino. California. DreDared bv Krazan & Associates. Inc" dated Mav 1.2001. 1.2.2 Limits ofLandfill 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 (1) 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 EPA Method 8240 (GCIMS), and metals by EPA Method CAM 17 Metals. Results indicated that the Total Threshold Limit Concentration (TILC) ranged from 270 to 2,300 mglkg for Lead, 150 to 900 mglkg for Copper, and 22 to 30 mglkg 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 56.2079.01/5621 R244 Copyright 200 I Kleinfelder. Inc. Page 9 of40 July 2, 2001 I t I I I I I I I C I I I I I I ~ I their respective Soluble Threshold Limit Concentrations (STLC) of I, 25, and 5 rnilligrams 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/I to 139 mg/l. Eight (8) of the eighteen (18) soil samples collected exceeded the California regulatory limit of 5 mg/I (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-I 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-I 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 I mg/1. 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 141.11, revised July I, 1988). 56-2079-0115621R244 Copyright 2001 Kleinfelder, Inc. Page 10 of 40 July 2, 2001 I t I I I I I I I ~ I I I I I I Ie I I 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 l!g/l. Total Petroleum Hydrocarbons (TPH) were detected in ground water samples from MW -I, the upgradient well, at a concentration of 5 mg/l 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/l. WCC concluded that a significant portion of nitrate in the ground water appeared to originate up gradient based on elevated nitrate concentrations detected in MW -I, 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 off site source. Concentrations of pesticides and PCBs were less than the laboratory detection limits of 0.05 to 20 l!gll. Tetrachloroethane (PCE) was detected at a concentration of 2 l!g!l. The California Department of Health Services and U.S. EP A Primary MCL is 5 l!g!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 II, 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 corner 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 56-2079-0115621 R244 Copyright 2001 Kleinfelder. Inc. Page I I of40 luly 2, 2001 I t I I I I I I I ~ I I I I I I Ie I I Vanderbilt Way. 1bis 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 comer of the site outside the perimeter fence. 1bis 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 comer 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 comer 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 existing 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. 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. Page 12 of 40 July 2. 2001 I t I I I I I I I C I I I I I I f I 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 REGULATORY 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 Deoartment 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 ~20517]). The SBCDEHS/LEA is responsible for enforcement of the 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 Ouality Control Board (RWOCB) 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 I. Approval of this Post Closure Land Use Plan by the RWQCB will be required prior to implementation of closure construction activities. 56-2079-011562 J R244 Copyright 200] Kleinfelder. Inc. Page 13 of 40 July 2. 2001 I t I I I I I I I C I I I I I I Ie I I California Intel!Tated Waste Manae:ement Board (CIWMB) This Closure Plan addresses the applicable closure requirements of 27 CCR, Division 2, Subdivision I, Solid Waste. South Coast Air Ouality Manae:ement 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 ~uality Act (CEOA) Pursuant to Public Resources Code, g21000, a Site Characterization Study for the landfill closure was completed by Kleinfelder in 200 I. The closure of the Site is subject to Public Resources Code, Division 13 (Environmental Quality), g21000, also known as the California Environmental Quality Act (CEQA); Chapter 2 g21505. The potential impacts of the closure plan have not been fully evaluated to date pursuant to CEQA. Title 40. Code of Federal Ree:ulations (40 CFR. Parts 122. 123. and 124) This site was not required to submit a Notice of Intent for coverage under the General Permit for storm water discharges (NPDES Permit). 56.2079-01/5621 R244 Copyright 2001 Kleinfelder, Inc. Page 14of40 July 2, 2001 I t I I I I I I I C I I I I I I I 2. ENVIRONMENTAL SETTING The environmental setting for the Site including climate flooding, local weather, regional and site geology are presented in the following sections. 2.1 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. 2.2 100-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 I DO-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 SBOCI 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 montWy temperatures [degrees Fahrenheit ("F)] recorded during the 73-year period from 1927-2000 at San Bernardino Community Hospital Weather 56-2079-01/5621 R244 Copyright 2001 Kleinfelder, Inc. Page 15 of40 July 2, 2001 I ~ I I I I I I I C I I I I I I :c I 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 84.120P 72.440P Mean High Temperature Mean Low Temperature 58.31"F 39.950p 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 1 00- Year 24-Hour Precipitation Kleinfelder obtained an intensity-duration-frequency (lOP) 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 lOP curve for a 100-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 APB 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. 56-2079-0 \ /562\ R244 Copyright 2001 Kleinfelder. Inc. Page \60f40 July 2. 2001 I ~ I I I I I I I C I I I I I I I 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 of landfill 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. 56-2079-01/5621R244 Copyright 200 I Kleinfelder, Inc. Page 17 of40 July 2, 2001 I C I I I I I I I ~ I I I I I I I 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 corner of the Main Bunker Hill Basin approximately I 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. 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. Page 18 of40 July 2, 2001 . t I I I I I I I C I I I I I I ~ I 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, gI3273, (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-I through MW-4 are presented on Plate 2. The SWAT report summary of findings 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 I mg/I), 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 141.1 I, revised July I, 1988). . Concentrations of VOCs and pesticides were less than the limits of detection, which varied from 0.05 to 20 ~gll. Total Petroleum Hydrocarbons (TPH) were detected in MW-I, the upgradient well, at a concentration of 5 mg/I 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-J. 56-2079-01/%21R244 Copyright 2001 Kleinfelder, Inc. Pagel9of40 July 2, 200 I I b I I I I I I I C I I I I I I Ie I I · The nitrate concentrations of ground water samples collected from MW-I through MW-4 exceeded the MCL of 10 mg/I. 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 mg/J 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 EPA Primary Maximum Concentration Levels. 56-2079-0 I /5621 R244 Copyright 200 I Kleinfelder, Inc. Page 20 of 40 July 2.2001 I t I I I I I I I C I I I I I I I 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. Klein/elder, Inc. Kleinfelder completed a Site Characterization Study for the subject site in January 200 I. 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. 56-2079-01/562 I R244 Copyright 2001 Kleinfelder. Inc. Page 21 of40 July 2, 2001 I t I I I I I I I C I I I I I I ~ I 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 ppmV. The methane analytical results indicate compliance with CCR Title 27 Division 2 920921 (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 92l8IO (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 T etracholoroethene (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 56-2079-01/5621 R244 Copyright 2001 Kleinfelder. Inc. Page 22 of 40 July 2, 2001 I f: I I I I I I I C I I I I I I :c I impacted with VOCs, PNAs, PCBs, pesticides, or metals. The primary contaminate of concern is the soil lead concentrations which do not exceed EPA PRGs but are near the Total Threshold 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). 56-2079-01/5621 R244 Copyright 2001 Kleinfelder. Inc. Page 23 of 40 July 2, 2001 I t I I I I I I I ~ I I I I I I :c I 4. CLOSURE OF THE BP LANDFILL lbis section presents the landfill closure requirements for the Site m accordance with the following 27 CCR, Division 2, Subdivision I: . 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, ~21137) No structures are present on the site. 4.2 SITE SECURITY (27 CCR ~21790, ~21135) 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 of25 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. 56.2079.01/5621 R244 Copyright 200 I Kleinfelder, Inc, Page 24 of 40 July 2, 2001 I t I I I I I I I C I I I I I I .0 I I 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 ~21090 (f) (Closure and Post-Closure Maintenance Standards for Disposal Sites and Landfills - Optional Clean Closure), and ~2181O (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. 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. Page 25 of 40 July 2, 2001 I t I I I I I I I C I I I I I I ~ I 4.4.2 Limits of Landfill Debris Removal The total estimate volume of landfill debris within the 9.5-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 (I) 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 of left-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. 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. Page 26 of 40 July 2. 2001 I t I I I I I I I C I I I I I I Ie I I All landfill materials south of the restricted development zone will be excavated and separated into reusable fill material and unsuitable material designated for offsite 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 KettIemen 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 KIeinfelder, the unusable licensed landfill material will be classified as either non-hazardous or hazardous and be transported for disposal off site 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 crushingfbreaking the concrete debris with jackhanuners, 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 56-2079-01/5621 R244 Copyright 200 I Kleinfelder, Inc. Page 27 of 40 July 2, 200 I I t I I I I I I I C I I I I I I I 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 DI557 Test Method. Ibis 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 subgrade will be analyzed for chemicals as described in Section 4.17 of this Post Closure Land Use Plan. Sampling methods will follows those outlined in Section 4.12. Stockpiles consisting of processed concrete and soil being reused onsite 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. 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. lne. Page 28 of 40 July 2. 2001 I Ie I I I I I I I Ie I I I I I I Ie I I 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, ~21140, ~21090. 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. 56-2079-01/5621 R244 Copyright 200 1 Kleinfelder. Inc. Page 29 of 40 July 2. 2001 I t I I I I I I I C I I I I I I Ie I I 4.8 FINAL GRADING (27 CCR ~21090, ~21142) Final grades are designed to reduce impacts to the public health and safety based on post-closure land use. Secondly, fmal 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 100-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. 56-2079-01/5621 R244 Copyright 2001 Kleinfelder. Inc. Page30 of 40 July 2, 2001 I L I I I I I I I C I I I I I I I 4.11 CHEMICAL SOIL/WASTE 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 VOC contaminated areas will 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 EP A-SW-846 protocol (but in no case less than 4 samples per stockpile or sampling event). 56.2079.0115621 R244 Copyright 2001 Kleinfelder, Inc. Page31 of 40 July 2, 2001 I t I I I I I I I C I I I I I I :c I 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. 4.1 J.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. 4.11.5 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. 56.2079-01/5621 R244 Copyright 2001 Kleinfelder, Inc. Page 32 of 40 July 2, 200 I I ~ I I I I I I I C I I I I I I ~ I 4.11.6 Decontamination Procedures The decontamination procedures that will be followed are in accordance with ASTM Standards on Envirorunental 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 reconunended 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 . Air dry 4.12 SAMPLE DOCUMENTATION AND SIDPMENT The samples selected for chemical analysis or physical testing will be sealed in the brass liners in the field. Teflon TN 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 inunediate 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. 56-2079-01/5621 R244 Copyright 200 I Kleinfeldef. Inc. Page 33 of 40 July 2, 2001 I t I I I I I I I C I I I I I I :c I 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. 56-2079-01/5621 R244 Copyright 2001 Kleinfelder. Inc. Page 34 of 40 Jul)' 2, 200 I I b I I I I I I I C I I i I I I j I I I ~ I . 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 WCC. The current landfill groundwater-monitoring network consists of one upgradient well (MW -I) and three downgradient/interior 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. I 6 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 shown 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 I, 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 56-2079-01/5621 R244 Copyright 200 I Kleinfelder, Inc. Page 35 of 40 July 2, 2001 I t I I I I I I I C I I I I I I I of LFG from the landfill, this will be implemented in the post-closure activities at the site and will be address inpost-c1osure 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 920420, 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 offsite disposal at a licensed waste disposal facility. The number of samples collected will be in accordance with EPA 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 (Cae) is lead in the soil/landfill debris. In addition, selected soil samples will be analyzed by one or more of the follow test methods: 56-2079-0 I 15621 R244 Copyright 2001 Kleinfelder. Inc. Page 36 of 40 July 2, 2001 I t I I I I I I I C I I I I I I ~ I . Solvents- using EPA Method 8260B for Volatile Organic Compounds (VOCs) . Heavy Metals- using California Title 22 Metals . Herbicides- using EPA 8150 Method for CWorinated Herbicides . Pesticides- using EP A Method 8080 for OrganocWorine Pesticides . Total Petroleum Hydrocarbons-using EPA Method 8015M modified for Gasoline and Diesel . PolycWorinated 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, ~211l0, ~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 A venue. 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 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. Page37 of 40 July 2. 2001 I t I I I I I I I C I I I I I I f I where a greater volume of import fill will be needed for grading activities at the site. Costs also included laboratory 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. 56-2079-01/5621 R244 Copyright 200 1 Kleinfelder. Inc. Page38 of 40 July 2. 2001 I ~ I I I I I I I ~ I I I I I I Ie I 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 Waterman Avenue and Vanderbilt Way, Project No. 87-475, dated November 1987 Carson, S. E. and Matti, 1. 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, 1. 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. 56-2079-01f5621R244 Copyright 200 I Kleinfelder, Inc. Page39 of 40 July 2, 2001 I t I I I I I I I C I I I I I 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.2I 1-221. 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 EPA), 1982, Draft Guidance Document, Landfill 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 California) 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 April8, 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 200 1 Kleinfelder. lnc. 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(5 "0 ~ o o N ~ III Gl >- .J: 001;) W 0 I-u o z~ c c APPENDIX A CONSTRUCTION QUALITY ASSURANCE MANUAL c I t I I I I I I I C I I I I I I I ~ I APPENDIX A CONSTRUCTION QUALITY ASSURANCE MANUAL LANDFILL AT THE NORTHEAST CORNER OF VANDERBILT WAY AND WATERMAN AVENUE SAN BERNARDINO, CALIFORNIA PREPARED BY KLEINFELDER, INC. 1940 Orange Tree Lane Redlands, California 92374 (909) 793-2691 July 2, 2001 This documcat was prepared for use onl}' by the dient. onl)' tbe purposes slaled. and within II reasonable time from issuance. Non.commcrcial. educational and scientific use of this report b)' ngulator')' agencies is regarded as a "fair use" and not a violation of c:opyrigbt. Regulator')' agencies ma)' make additional copies of this document for interDal use. Copies may also be made anilable to the public as required by Ilw. Tbe "print must acknowledge the Cop)'righlllnd indicate that permission to reprint has been received. 56-2079-01/5621 R244 Copyright 2001 Kleinfelder, Inc. A-I July 2,200 I o TABLE OF CONTENTS AI. INTRODUCTION..............................................................................................................3 A2. CQA RESPONSIBILITIES ..............................................................................................4 A2.1 BP California ........................................................... ................ ...... .......... ...... .... ......4 A2.2 Design Engineer ............................................................................................... ........4 A2.3 Contractor ........................................................................ ........................... .... ... ......4 A2.4 CQA Engineer.... ................................................................... ........ ............. ....... .......4 A3. COMMUNICATIONS AND DOCUMENTATION .......................................................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 TESTING...........................................................................................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 c 56-2079-01/5621 R244 Copyright 2001 Kleinfelder. Inc. A-2 July 2. 200 I GLOSSARY .................................................................................................................................14 APPENDICES APPENDIX A-A: American Society for Testing and Materials Standards c I b I I I I I I I C I I I I I I I Ie I AI. 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 Waterman 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. Terms and defmitions 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. 56-2079-01/5621 R244 Copyright 2001 Kleinfelder, Inc. A-3 Jul)' 2. 2001 I t I I I I I I I C I I I I I I I t) I 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 F ederallaws, 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. 56-2079-01/5621R244 Copyright 2001 Kleinfelder. Inc. A-4 July 2. 2001 I t I I I I I I I C I I I I I I I Ie I 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 \\Titten reports and documents. A3.1 MEETINGS Meetings, if properly planned and conducted, can be an effective adjunct to the CQA program. The preconstruction meeting, informai 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 fmal 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. 56-2079-01/5621 R244 Copyright 200] Kleinfelder. Inc. A- 5 July 2, 200 I I t I I I I I I I ~. I I . I . I I !(;; 1. I 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 . 56-2079-01/5621R244 Copyright 200 I Kleinfelder. Inc. A-6 July 2. 200 I I t I I I I I I I ~ I I I I I I Ie I I 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. 56-2079-0115621 R244 Copyright 200 I Kleinfelder. Inc. A -7 July 2, 200 I I I I I I I I IC I I I I I I I Ie I 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 oflandfill 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 (I) 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. 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. A .8 July 2. 2001 I I I I I I I Ie I I I I I I I Ie I A4.2 TERMS Scooe - 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 unknovm 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 Dl557 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 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. A -9 July 2, 2001 I t I I I I I I I C I I I I I I I ~ I 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 sub grade 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 EPA-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 DI557. 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. 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. A-IO July 2. 2001 I b I I I I I I I C I I I I I I II I~ I 1 I 11 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: Denth 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 off site. 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. A-II July 2, 2001 I t) I I I I I I I C I I I I I I I P I 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 of left-in-place landfill material shall be conducted during site grading. After the results of the chemical analyses have been retum 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-g21790, g21140, g21090. The thickness of the existing interim soil cover in the restricted development zone is between 0.5 to 2.0 feet. 56-2079-01/5621 R244 Copyright 2001 Kleinfelder.lnc. A.12 July 2. 2001 I t I I I I I I I C I I I I I I :0 I A generalized profile of the fmal soil cover is presented on Plate 5. The fmal 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 I 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 I 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. 56-2079-01/5621 R244 Copyright 2001 Kleinfelder, Inc. A -13 July 2. 2001 I ~ I I I I I I I C I I I I I I :c I 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 fmal 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. 56-2079-01/5621 R244 Copyright 2001 Kleinfelder. Inc. A-14 July 2, 2001 I t I I I I I I I C' I I I I I I I P I APPENDIX A-A American Society for Testing and Materials Standards D 421-85 Practice for Dry Preparation of Soil Samples for Panicle-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 I O-Ib 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 D2217-85 Practice for Wet Preparation of Soil Samples for Panicle-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 (I 997) D4632-9I(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 56-2079-01/5621R244 Copyright 2001 Kleinfelder. Inc. July 2, 2001 c c c APPENDIX B EMERGENCY RESPONSE PLAN c c c APPENDIX B EMERGENCY RESPONSE PLAN LANDFILL AT THE NORTHEAST CORNER OF VANDERBILT WAY AND WATERMAN AVENUE SAN BERNARDINO, CALIFORNIA . PREPARED BY KLEINFELDER, INC. 1940 Orange Tree Lane Redlands, California 92374 (909) 793-2691 July 2, 2001 This document WIS prtplrtd for use only by the client. ani)' the purposes stated. and within a nasonable lime from issuancc. Non- commercial, educatioD,lud scientific uSt of this report b" regulatol)' aerncies is regarded .5 a "fair aSt" and nol I violation of copyright. Regulator)' agencies rna)' make .dditioaal copies of tbis doc:umeDt for internal USt. Copies ma)' .Iso be made .vailablr to the public as requin:d by I.",. The reprint mus.acknowledge the copyriebt and indicate thlt permission to reprint has bren received. 56-2079-0115621 R244 Copyright 200 I Kleinfelder. Inc. B-1 July 2. 200 I c c c APPENDIX B EMERGENCY RESPONSE PLAN LANDFILL AT THE NORTHEAST CORNER OF VANDERBILT AND WATERMAN AVENUES SA.N 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 Avenue 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 shov.n 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 oflandfill 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. 56-2079-01/5621 R244 Copyright 2001 Klein/elder. Inc. B-2 May 17.2001 c c c 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 (UBC) 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 56-2079-0115621 R244 Copyright 2001 Kleinfelder. Inc. B-3 May 17.2001 c c c The nearest known significant fault is the San Andreas, which includes the subparallel San Jacinto located approximately I 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 IOO-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 56.2079-01/5621 R244 Copyright 2001 Kleinfelder. Inc. B-4 Ma\ 17.2001 c c c 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, Califomia 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 56-2079-0 I /5621 R244 Copyright 200 I Kleinfelder. Inc. 8-5 May 17.2001 c c c State of California Department of Health Services Toxic Substances Control Program Region I 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. 56.2079-01/5621 R244 Copyright 2001 Kleinfelder, lnc, 8-6 May 17,2001 c c c TABLE B-t A vaiJability of EmergenC)' 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 varies D Key to Availability A On-Site, immediately available B Available 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. 56-2079-01/5621 R244 Copyright 200 I Kleinfelder, Inc. 8-7 July 2, 200 I c c c APPENDIX B EMERGENCY RESPONSE PLAN LANDFILL AT THE NORTHEAST CORNER OF VANDERBILT WAY AND WATERMAN AVENUE SAN BERNARDINO, CALIFORNIA 56-2079-01/5621 R244 Copyright 2001 Kleinfelder. Inc. July 2, 2001 c c APPENDIX C APPLICATION FOR AUTHORIZATION TO USE c c o c APPENDIX C APPLICATION FOR AUTHORIZATION TO USE Landfill Northeast Corner of Vanderbilt War and Watermall Avelll/e San Bernardino. California Report originally prepared for BP California File Number: 56-2079-01 Report Date: July 2. 200] KLEINFELDER, INC. 1940 Oranl!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 written permission of Kleinfelder, Inc. Applicant understands that Kleinfelder, Inc. may withhold such permission at its sole discretion, or grant permission upon such terms and conditions as it deems acceptable. P.Y signing below, the Relying Parties agree to the same terms and conditions as Kleinfelder's original client, mcfuding any lImitations of liabilitr or indemnity obligations. The origillal servIces agreement maYDe obtained from the origmal client identified above or fromXleinfelder, upon request. . . RETURN COMPLETED FORM TO KLEINFELDER 56-2079-01/5621 R244 Copyright 200 I Kleinfelder. Inc. C-I July 2. 2001 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 ofthe 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 of the Property Owner and the Agency that benefit and burden the Property and run with the land for the period oftime as set forth therein. Section 7 ofthe 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. 23 N :\B629\OOO\Notice and Memorandum-O l.doc 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 ofthe 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] 24 N :\B629\OOO\Notice and Memorandum-O I.doc 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 helshelthey 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 helshelthey 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 25 N:\B629\OOO\Notice and Memorandum..Q}.doc LEGAL DESCRIPTION OF THE PROPERTY EXHffiIT "A" c c 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 B; THENCE NORTH 83 DEG. 01' 00" EAST, 50.33 FEET; THENCE SOUTH 0 DEG. 26' 54" EAST, 403.09 FEET; THENCE NORTH 89 DEC. 33' 06" EAST, 90 FEET; THENCE SOUTH 0 DEG. 26' 54" EAST, 40 FEET, TO THE SOUTH PROPERTY LINE OF THE LAND CONVEYED TOV.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 FEETTO 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, PACE 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" EAST), 41.25 FEET TO THE TRUE POINT OF BEGINNING, IN THE EAST LINE OF SAID WATERMAN AVENUE; THENCE SOUTH 0 DEC. 36' 42" WEST, ALONG SAID EAST LINE 527.79 FEET; THENCE NORTH 84 DEC. 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 DEC. 36' 35"; THENCE NORTH 00 DEC. 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. c' ,. . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: October 14, 2002 TO: Margaret Parker FROM: Michelle Taylor, Senior Secretary RE: Resolution CDC/2002-30 At the Mayor and Common Council meeting of October 7, 2002, the City of San Bernardino adopted Resolution CDC/2002-30 - Resolution approving a property owner redevelopment agreement by and between the Redevelopment Agency and B. P California, a California Corporation, and authorizing the execution of the agreement by the Executive Director on behalf of the Redevelopment Agency. Once the above-referenced agreement has been executed, please forward the original agreement to the City Clerk's Office, to my attention. Please be advised that the resolution and agreement will be null and void if not executed and returned to the City Clerk's Office within 60 days, or by December 6, 2002. If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.; Michelle Taylor Senior Secretary I hereby acknowledge receipt ofthis memorandum. -A Please sign and return Signed: Date: , . '< ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 10- f)- o:l. fL '6'1 Item # Vote: Ayes /-1 h Abstain Nays Change to motion to amend original documents: Reso. # On Attachments: ~ Contract term: - Note on Resolution of Attacbment stored separately: =- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY p-r Date Sent to Mayor: I C) --<1 -0 ?- Date of Mayor's Signature: lO-\~?- Date ofClerklCDC Signature: 10- \{)-Q:I Resolution # ~ DC} UCJ'2. - 30 Absent A ..czr NullNoid After: {PC) 04-15./1 '"2...--(,,-02 , By: - Reso. Log Updated: V Seal Impressed: Date Memo/Letter Sent for Signature: \ 0- 14--0> 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: /' Date Retumed:~Z.\~Z. See Attacbed: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: Yes-L No By Yes No .....L By Yes No~ By Yes No 1.- By Yes No .,.I By_ EDA ,/ MIS Finance Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: 1'tr:c..- Date: 10 -?q-6.r- Revised 01112/01