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CITY. OF SAN BERt" 'iRDINO -REQUEST ~)R COUNCIL ACTION
From:
w. R. "Bob" Holcomb, Mayor
Subject: Resolution regarding contaminated
federal property.
Dept:
Date: May 7, 1992
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution.
Contact person:
Mayor Holcomb
Phone:
5133
Supporting data attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No
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CITY.OF SAN BERK--RDINO - REQUEST r lR COUNCIL ACTION
STAFF REPORT
Under current law, contaminated federal property may not be
transferred by deed "unless all remedial action necessary to
protect human health and the environment has been taken before the
date of such transfer." Many closing bases, including Norton AFB,
have severe groundwater contamination problems which may take 30
years to remedy. The local communities affected by base closure
cannot wait this long to undertake reuse and redevelopment
activities.
The Environmental Protection Agency (EPA) has administratively
determined that certain parcels of closing bases can be transferred
by deed. However the absence of clear statuatory language on this
point leaves EPA, DoD (Department of Defense), local governments
and other participants in the redevelopment of such parcels
vulnerable to litigation.
It is recommended that the attached resolution which urges Congress
to enact legislation to improve the Department of Defense's ability
to more rapidly transfer property which poses no health or
environmental threat to t}:le local community without diminishing the
Department of Defense' ~esponsibility to clean up contamination
from hazardous subst ces, be approved.
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75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO SUPPORTING EXPEDITED
TRANSFER OF UNCONTAMINATED PARCELS OF LAND ON CLOSED AND CLOSING
3 MILITARY BASES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
WHEREAS, the City of San Bernardino and other
communities responding to the closure of a military base or bases
need to be able to plan for reuse and redevelopment of the base in
order to retain jobs and economic growth in the community; and
WHEREAS, at least 14 and perhaps as many as 20 military bases
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scheduled for closure are Superfund sites, and uncertainty over the
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requirements
law may delay the
of
the Superfund
reuse and.
12 development of these bases for many years unless Congress acts; and
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WHEREAS, uncertainty created by the threat of litigation has
14 made it difficult to obtain financing for redevelopment activities,
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and also has the potential to impair the issuance or marketability
of any publicly-issued bonds for financing; and
WHEREAS, there is wide agreement among environmentalists,
public health officials, the Environmental Protection Agency (EPA)
and the Departmento of Defense (000), that it is possible to
transfer uncontaminated parcels of land on military bases on the
NPL list while continuing to protect human health and the
environment and without interfering with ongoing cleanup efforts;
and
WHEREAS, the Comprehensive Environment Response, Compensation
and Liability Act (CERCLA) provides only a partial indemnification
to purchasers of federal property, in its requirement for the
federal government to remediate contamination on real property
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owned by the united states "on which any hazard substance was
stored for one year or more, known to have been released, or
disposed of"; and
WHEREAS, the ability of the federal government to clean up
contaminated federal facilities has been compromised by a lack of
funding and personnel at EPA and the Defense Environmental
Restoration Account, and the EPA and 000 have not demonstrated the
will to move quickly on Superfund cleanups;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Common
Council of the City of San Bernardino urges Congress to amend
CERCLA to provide statutory guidance and clarification to 000, EPA
and communities affected by base closure(s), to aid in the
development of criteria for deciding when a base or a parcel of the
base is sui table for transfer, taking into consideration the
requirements of CERCLA section 120(h), while still ensuring that
all appropriate action has been taken to protect human health and
the environment.
BE IT FURTHER RESOLVED, that the Mayor and Common Council of
the City of San Bernardino urges the Congress to amend CERCLA to
ensure that DoD and EPA work with communities affected by military
base closures to promptly identify clean parcels and to certify
that such parcels are clean and appropriate for transfer, and to
ensure expeditious cleanup actions that are fully protective of
human health and the environment at closing bases.
BE IT FURTHER RESOLVED, that the Mayor and Common Council
urges the Congress to amend CERCLA to indemnify political
subdivisions of states in which a military base is located, and the
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1 lenders, officers, agents and employees of the political
2 subdivision, against any liability for the release of hazardous
3 substances resulting from 000 activities at a military base. Such
4 amendment should also specify that the DoD bears the burden of
5 proof that is not responsible for contamination found on the site
6 after transfer.
7 BE IT FURTHER RESOLVED, that the Mayor and Common Council of
8 the City of San Bernardino urges the Congress to include in any
9 such amendments a requirement for adequate notification of and
10 consultation with the elected officials of the affected local
11 community, and for the concurrence of those elected officials with
12 the proposed remedial choices and actions.
13 BE IT FURTHER RESOLVED, that the Mayor and Common Council of
14 the City of San Bernardino urges the Congress to include in any
15 such amendments authority for the affected local government to
16 manage the cleanup on behalf of the federal government, once the
17 necessary studies have been done and a Record of Decision signed by
18 EPA, by contracting with qualified private contractors in order to
19 facilitate timely cleanup and reuse.
20 BE IT FURTHER RESOLVED, that the Mayor and Common Council of
21 the City of San Bernardino urges the Administration to submit, and
22 the Congress to approve, a budget which allows the government to
meet its obligations under existing and future agreements and which
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includes adequate personnel and funding at EPA and DoD to oversee
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and carry out all cleanup responsibilities at closed and closing
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military bases.
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27 I I I I I
28 IIIII
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RESOLUTIO~ .EGARDING CONTAMINATED FED~ AL PROPERTY.
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2 I HEREBY CERTIFY that the foregoing resolution was duly
3 adopted by the Mayor and Common Council of the City of San
4 Bernardino at a
meeting thereof, held on the
day
, 1992 , by the following vote, to wit:
5 of
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7 Councilmembers
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
AYES
NAYS
ABSTAIN
ABSENT
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City Clerk
The foregoing resolution is hereby approved this
, 1992 .
day of
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22 JAMES F. PENMAN
23 City A~torney
If
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
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By:
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