HomeMy Public PortalAbout13-081RESOLUTION NO. 13-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA.
DECLARING THE EXISTENCE OF AN EMERGENCY IN THE VICINITY OF THE
CAROUSEL TRACT NEIGHBORHOOD DUE TO THE PERSISTENCE OF EXPLOSIVE
METHANE GAS, CARCINOGENIC BENZENE AND OTHER CHEMICALS OF CONCERN,
AND ISSUING SUCH FINDINGS OR ORDERS AS ARE AUTHORIZED BY LAW
WHEREAS, on March 11, 2008, the Department of Toxic Substances Control informed
the Los Angeles Regional Water Quality Control Board (LARWQCB) about a former Shell Oil
Company (Shell) tank farm (Kast Property) and on April 29, 2008, the LARWQCB began its
Site Assessment; and
WHEREAS, in May 2008 the LARWQCB initiated an environmental investigation of the
former Kast Property; the LARWQCB ordered Shell as the owner and operator of the former
tank farm and subsequently ordered Barclay Hollander Curci, Inc., a wholly owned subsidiary of
Dole Food Company, Inc., (Responsible Parties) as the entity responsible for the development of
the housing tract to conduct a comprehensive environmental investigation by outlining the
technical requirements that are consistent with the California Environmental Protection Agency
requirements; and
WHEREAS, based on the LARWQCB directive Shell, submitted a work plan for review.
Said review was completed and the LARWQCB issued an approval of the proposed work in
December 2008. The LARWQCB approved investigation activities included: I - collecting soil,
soil vapor and groundwater samples, and 2. investigating the contaminants of concern, and
defining the extent of impact, and 3. evaluation of the potential threat to human health; and,
WHEREAS, Shell conducted an all media (soil, soil vapor and grouhdAiter)...
investigation as approved by the LARWQCB in its California Water Code § 13 )267 Investigative_'
Order dated December 31, 2008. The goal of the initial investigation was to evaluate"whether
the Site poses an immediate risk to those living, visiting or working at the Site. Tbe initial
investigation involved taking soil, soil vapor and sub -slab soil vapor samples ai-,�'well as,
groundwater investigation following procedures either approved or recommended by both the
Cal/EPA and the United States Environmental Protection Agency (USEPA); and
WHEREAS, on August 20, 2009 an interim report followed by an October 15, 2009
"Final Phase I Site Characterization Report" was submitted to the LARWQCB. The review of
the report confirmed that soil and groundwater beneath the site is severely impacted by
petroleum hydrocarbons. The results indicated the presence of methane gas and benzene in
shallow soil gas at high concentration across the Site; and
WHEREAS, methane gas was detected at a concentration as high as 59.7% by volume
and just 5 feet below homes as high as 22% by volume which exceeds the lower explosive limit
(LEL) of 5% by volume posing a real time emergency safety hazard; methane gas poses a fire
and explosion hazard when accumulates in an enclosed space 'with a source of ignition; and
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RESOLUTION NO. 13-081
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WHEREAS, benzene, a known carcinogen, is also detected at a concentration of
3,800,000 micrograms per meter cube (�ig/m3), and exceeds the California Human Health
Screening Level (CHHSL) value of 36.2 pig/m'l by more than 100,000 times for shallow soil gas
for a residential scenario; and
WHEREAS, other extremely dangerous chemicals and heavy metals persist in the yards
of the Carousel Tract family homes, the Shell, its consultant URS Corporation and the
LARWQCB have all issued written warnings to the residents to avoid outdoor activities and soil
contact; and
WHEREAS, three years after the beginning its investigation, the LARWQCB issued
Order No. R4-2011-0046 (Order) on March 11, 2011, requiring Shell to Cleanup and Abate
Wastes Discharged at the Carousel Tract; and
WHEREAS, Shell has since then spent over 28 -months conducting Remedial Pilot Tests,
Indoor Air Tests, Soil Vapor Tests and Groundwater Sampling resulting in additional
unwarranted exposure to carcinogenic chemicals of concern and causing dangerous migration of
explosive soil gas by altering the soil matrix pressure dynamics by creating open excavations and
allowing off -gassing from deeper soil; and
WHEREAS, the LARWQCB has granted multiple extensions of time without any
meaningful explanation; and
r:�
WHEREAS, LARWQCB issued a California Water Code § 13267 Investigative Order to
the Responsible Parties without any further action requiring their participation in the cleanup and
abatement of wastes discharged at the Carousel Tract; and
WHEREAS, after over five years of study Shell submitted to the LARWQCB its Site
Specific Cleanup Goals for Total Petroleum Hydrocarbons, which are 66 -times greater than the
least protective Standards prescribed in the LARWQCWs own 1996 Guidebook; and
WHEREAS, on or about June, 2013, three (3) technical reports authored by L.
EVERETT & ASSOCIATES, and SOIL/WATER/AIR PROTECTION ENTERPRISE were
provided to the City and forwarded to the LARWQCB by letter from the City Council dated June
18, 2013, in which the City Council warned LARWQCB that conditions within the Carousel
Tract had reached "a pivotal moment in the clean up [ofl this site. Action must be taken, and it
must be taken NOW;" and
WHEREAS, during direct questioning of Dr. Loren Everett, Ph.D., D.Sc., F -ASCE, an
internationally recognized exper-t in the vadose zone and the behavior of soil gasses, including
benzene and methane, by members of the City Council did he describe the true extent of the
emergency conditions persisting in the Carousel Tract. Dr. Everett said. "Dangerous levels of
carcinogenic benzene and explosive methane are present in soil gas at a depth of only five feet
beneath homes in the Carousel Tract. These dangerous conditions are spread widely -across the
site and the dearee of exposure to these chemicals is highly variable and extremely difficult to
predict due to numerous factors such as variable soil moisture and atmospheric conditions."
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RESOLUTION NO. 13 )-08 1
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WHEREAS, notwithstanding its June 18, 2013 letter advising LARWQCB that further
"delay is unacceptable to the Carson City Council and to our entire community," no further
action has been taken to mitigate and remediate conditions within the Carousel Tract requiring
the immediate consideration of this resolution.
NOW, THEREFORE, the City Council of the City of Carson, California, does hereby
FIND and DETERMINE, and based thereon, ORDERS as follows:
this reference. I . The foregoing recitals are true and correct and are incorporated herein by
2. That, commencing on or about 7:00 p.m. on the 18"' day of July, 2013, and
continuing to the present, the conditions have arisen and now exist within that certain portion of
the City of Carson commonly referred to as the "Carousel Tract," and that the same has been and
is caused by the persistent migration of explosive methane gas and carcinogenic benzene, as the
same is depicted herein.
That the aforesaid conditions warrant and necessitate, and the City
Council of the City of Carson hereby declares the existence of an emergency within that certain
portion of the City of Carson commonly referred to as the "Carousel Tract."
4. The City Council hereby directs the Acting City Manager for the City of
Carson to transmit this'resolution to the Governor of the State of California and the State Water
Resources Control Board to request that the State of California make available to the City of
Carson such resources.as may exist to address and mitigate the emergency conditions at the
Carousel Tract,
5. The City Council hereby directs the Acting City Manager for the City of
Carson to transmit this resolution and demand that the Executive Officer of the LARWQCB
immediately order and require Shell to fully comply with that certain Cleanup and Abatement
Order No. R4-2011-0046.
6. The City Council hereby directs the Acting City Manager for the City of
Carson to transmit this resolution and solicit aid and other available resources from the Office of
the California Attorney General to support efforts by the LARWQCB to immediately order and
require Shell to fully comply with that certain Cleanup and Abatement Order No. R4-2011-0046.
7. The City Council herebv directs the Acting City Manager for the City of
tl
Carson to transmit this resolution to the Cou'rity of Los Angeles Board of Supervisors to request
that the County of Los Angeles make available to the City of Carson such resources from the
Department of Public Health, the Los Angeles County Fi're Department and other services to
address and miti-ate the emergency conditi'-
t- ons at the Carousel Tract.
8. The Kast Property upon which the City Council declares an emergency is
described hereinabove and is depicted' hereinafter as follows:
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Resolution no. 13-081
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PASSED, APPROVED, and ADOPTED this 29th day of July, 2013, at Carson,
California.
ATTEST: I -
City Clerk Donesia L. Gause, CMC
APPROVED AS TO FORM:
City Attornet,
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Jim Dear. Mayor
RESOLUTION NO. 13-081
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF CARSON
1. Donesia L. Gause, City Clerk of the City of Carson, California, do hereby certify that the
whole number of members of the City Council is five; that the foregoing resolution, being
Resolution No. 13-081 was duly and regularly adopted by said Council a"
t a special meeting
duly and regularly held on the 29"� day of July� 2013, and that the same was passe
by the f011owing vote: d and adopted
AYES: COUNCIL MEMBERS: Mayor Dear, Santarina. Davis -Holmes, and Robles
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Gipson
City Clerk Donesia L. Gause, CMC