HomeMy WebLinkAboutAgenda Report - April 15, 1992 (54)oCIN OF LODI I COUNCIL COMWNICATION
AGENDA TITLE: Consider retaining the firm of Dufour and Associates
of Sacramento to assist in obtaining iron. the State
Department of Health Services an extension/waiver of
time limits for installation of dihronkochloropropane
(DBCP) filters.
MEETING DATE: April 15, 1992
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration of retaining the firm of
Dufour and Associates (Sacramento) to assist in
seeking from the State Department of Health
Services an extension/waiver of time limits for
installation of DBCP filters.
BACKGROUND: The City of Lodi is presently going forward with
litigation against the various manufacturers of
DBCP. In the meantime. we are still obligated
pursuant to our operating permit from and orders
of the State Department of Health Services to continue with installation of
the granular activated carbon filters on some of the City's water wells
found to contain DBCP. The costs and other considerations associated with
these installations has been discussed at length recently.
While the litigation goes forward, it may be in our best interests to also
explore the possibility of relief by way of the administrative process. on
April 6. 1992. City Manager Tom Peterson, Public Works Director Jack Ronsko
and myself met with Jim Dufour to discuss that possibility. Hr. Dufour is
of the opinion that it may be possible, using the State administrative
process, to obtain from the State Department of Health Services a waiver or
extension of time in which the DBCP filters must be installed. That period
could be from 12 to 36 months and might offer several advantages.
First, the DBCP levels in some City wells may drop in 36 months and might
bring them into compliance without the necessity of a filter. The time
could also allow the City to explore amending the regulations or orders.
The state of available technology continues to improve and during the
extension, we might find a better and more economical solution. Also, if we
don't have to put the filters on imnediately, there would be no interest
accruing on the loan received from the State.
APPROVED
THOMAS A PETERSON
City Manager
D8CP11/TXTA.01V
ccs
AGENDA TITLE: Consider retaining the firm of Oufour and Associates
of Sacramento to assist in obtaining from the State
Department of Health Services an extension/waiver of
time limits for installation of dibromochloropropane
(DBCP) filters.
MEETING DATE: April 15, 1992
Page Two
If no extension is received. the City will be obligated to continue
installing the filters. One-half of our non-compliance wells must be
brought into compliance by October 1, 1992, and the deadline for complete
remediation is April 1, 1993.
Hr. Oufour's firm specializes in matters of this nature and his experience
covers over 20 years. Hourly rates are 3270 and it is his estimate that it
would cost between $5 and $IC thousand to handle this matte• all the way
through a decision by the Office of Administrative Law.
Council consideration iS requested.
FUNDING: Account 010-035.01(320)
Respectfully submitted,
Bob McNatt
City Attorney
BM/vc
DBCP11/TXTA.OIV
Cliff COUNCIL
JAMS W PINK€RTON. Maroc
PHIMP A PENNING
May- Pro Tempcxe
DWtD M MNCH MN
JACK A. 51EGLOCK
KMN R. Mud" SNIDER
April 17, 1992
CITY OF LODI
James T. Dufour. Esquire
Dufour b Associates
819 F Street
P. 0. Box 867
Sacramento, CA 95812-0863
CITY HALL. 221 WEST PINE STREET
PO BOX 3006
LMt CALIFORNIA 95241-1910
12091334-5634
H I In" 31p6 95
Subject: RETENTION OF SERVICES
Dear Jim:
THUMM A. PETERSON
City Manager
ALIQ M, REIMCHE
city Clery
BOB MCNAif
City Awney
As we discussed i n our conference call of April 11, 1992, this w i I I confirm
that the Lodi City Council at its meeting of April 15, 1992 authorized the
retention of your firm to represent the City in administrative proceedings
on our water permit.
This letter was prepared in lieu of a purchase order, and the retention
shall be on those 'terms and conditions contained in your letter to me of
April 8, 1992.
I look forward to working with you on this matter.
Sincerely yours,
eezi wdiff�&—
BOB W. McMATi
City Attorney
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DBCPII.1/TXTA.OIV
DUOUR & ASSOCIATES
�I'VORNn'- AI' !.%%I
Wly.� I IX 11AM N
Ki1Iti 1 10'RUR h
KEN I)A\l.s,
(Ah KNMEN1 KFIA111 AN 1.11\til 1.1 \, r
April 8, 1992
Mr. Bob McNatt
City Attorney
City of Lodi
221 W. Pine Street
Cal Box 3005
Lodi, CA 95241
Dear Mr. WNatt:
APR 10
City Attorney's ottice
It was a pleasure meeting with you and your colleagues of the City of Lodi. I believe we had
a most productive meeting in terms of discussing various alternatives to the large and possibly
unnecessary expenditures to install treatment systems to address potential DBCP contamination.
As we discussed at the meeting and by telephone yesterday. I would be most interested in further
researching and developing some of the ideas discussed into an effective plan to assist the City
to minimize unnecessary expenditures.
The basic approach outlined would include exhausting administrative remedies by:
✓ Preparing a variance petition based on provisions of the Health and Safety Code
and Federal EPA regulations. This action has potential for success but, in any
event. would legally postpone deadlines. There would be legallregulatory
arguments, as well as scientific ores because the main consideration is "no
unreasonable risk to health".
v' Thoroughly reviewing the Title 22 rulemaking which established the monitoring
techniques enforced by DHS to determine whether statutory authority was
exceeded or whether the nile is inconsistent with state and federal law and
regulations with respect to application of N4 C Ls for groundwater -supplied water
systems. The result if defects in the regulations can be found, would be a petition
to tllc Stale Office of Administrative Law to invalidate the regulation (and
Possibly ;t Ixtition to MiS to amend the regulation on its own initiative).
Mr, Bob McNatt
April X. 1992
Page '_
✓ if these efforts are denied by the agencies, but sufficiently persuasive from the
City's perspective, a judicial review in Superior Court would he c"ommcn6-,l.
This avenue may offer fhebest chance for relief based on the Health and Safety
Code 4 4037 provision for 'independent judgment of evidence standard" or de
novo review. Given recognitior of this fact, the DHS may be willing to more
favorably consider the variance option as well.
Finally, while these alfernativeremedies are being pursued, we will propose some
relalod activities which, with political support, may assist in a more appropriate
solution to the problem - state superfund suppon for diversion or environmental
treatment of the groundwater.
As we discussed, an estimate of fees for providing the City administrative law advice and
counsel along the lines discussed would be in the range of $5,004 to M.000. We would bill
the City at our customary hourly rates of $170 per hour for Senior Environmental Attorney and
Si20 per hour for {associate Environmental Attorney. plus reasonable and ordinary expenses.
I tklieve our firm is uniquely qualified to assist the City in this matter given our combination
of administrative law and technical credentials and experience. I haw spent the East 14 years
since graduation from law school involved in various areas of environmental regulatory agency
actions, ranging from permitting issues, rulemakings, enforcement defense, variances, legislation
drafting and lobbying. 1 have enclosed a copy of my resume and a brief statement cf
qualifications of our unique Sim.
Please let me know if you require any additional information or if I can respond to any
questions.
1 understand that the City Council will make a decision on this matter on April 15, 1992 and,
if retained, I will attend a meeting of a special committee to consider this matter on April 21.
1992 at 9:00 a.m.
I am looking (or -ward tD working with you on this important issue for the City of (Lodi.
very ly you;s.
JAMES T. DUFOUR
J'rD: kmb
Enclosures
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N.\its T. [)I'FI?1 k
KF.I'IN I ! URDIt'h
VIk:FMI R MANTON
KF\ DAVIS,
c14WERNMENt KEIATI,titiv IT%C5
DUFOUR & ASSOCIATES
TTORNFY•-Ni IAV
QUALIFICATIONS AND CAPABILITIES
k11> I �1RF11
I'TIf .l ;ii i'6"
Dufour & AssociatcS. Attorneys at Law, affiliated with Dufour Environmental & Resource
Management, is a multi -disciplined law. government relations and consulting firm founded in
1987 which provides a variety of programs and services for businesses throughout California.
This firm has expertise in the areas of environmental, administrative and agricultural law and
related litigation; environmental and OSHA regulatory compliance: legislative and regulatory
advocacy; toxicology and certified industrial hygiene: environmental project management: and
environmental assessments cf property.
Law Rrm Service Areas - Summary
♦ Administrative Law: Rulemaking, appeals. variance and permitting issues.
♦ Judicial Review: Mandamus proceedings, appeals.
♦ Prosecution Defense: Civil and criminal actions by the Attorney General and
District Attorney; for example, Proposition 65 and hazardous waste violations.
• Regulatory Agency Enforcement Defense: Cal/OSHA, Department of Toxic
Substances Control (hazardous waste). Regional Water Q lity Control Boards,
Air Quality Management and Air Pollution Control Districts.
♦ Legislative: Bill drafting, analysis. lobbying.
♦ Private Causes of Action: Property transactions with environmental problems,
responsible party cleanup cost recoveries.
♦ Commercial product regulatory compliance, product liability and
safety/environmental representations.
♦ Workers' compensation defense and cost minimization.
Dufour & Associates has established a unique and successful law practice and government
relations business based an the combined legal and technical talents of our professional staff.
Our standards of performance and commitment to service surpass the standards of other firms
in this demanding and ever-changing field. We are cognizant of the limited resources of many
clients, therefore, we strive for (tic most cost -affective methods to meet business and
environmental objectives.
A Proven Commitment to Business
Our commitment to husiness goes beyond the traditional standard of client service. We arc
dedicated business advocates and have fought for reasonable regulatory standards and a more
common sense apprek3ch to government. That's why organizations such as the California
Chamber of Commerce have retained Dufour & Associates to represent their interests before the
state legislature and regulatory agencies.
The following is a more detailed description of Dufour & Associates' services:
Environmental and OSHA l a w
Uniquely qualified with both legal and technical credentials, the law firm of Dufour &
Associates has expertise in the areas of environmental, agricCtural and administrative law. This
practice has b -,-,en based on Jim Dufour's wide recognition as an expert in the demanding and
evershanging field of environmental law. Our select group of attorneys and support
professionals have the knowledge and experience necessary to develop innovative and effective
legal strategies.
Dufour & Associates offers exceptional representation in the areas of product liability. property
transactions. and other i rnportant risk management decisions, while providing the attorney/client
confidentiality essential in today's legal climate. Dufour & Associates also has specific cxperi isc
in representing clients before regulatory agencies and recovering costs for environmental
cleanups. Michael Drayton also has excellent experience in environmental, property and
commercial litigation.
Qovemmr nt Rel tions
Dufour & Associates' government relalions team arc experienced professionals in the field of
legislative advocacy and regulatory affairs. California's political climate has changed
dramatically. Nn longer can government relations programs rely on campaign contributions and
gratuities to be Successful. Today. success depends on knowledge. not influence. Dufour &
Associates' government relations staff is uniquely qualified to develop persuasive government
relations strategies based on facts and sound arguments. Capabilities in the areas of toxics,
industrial relations. air and water quality, and agriculture have nmW us the reputation as one
of the most effective government relations firms with environmental expertise in Cali forn ia, Ken
Davis serves as the firm's government relations consultant.
Workers' COrtltlon
To complement services in the related areas of CaiIOSHA compliance and defense and business
advice and counsel, the firm has recently expanded its practice to include workers'
compensation. Kevin Burdick, who is an experienced workers' compensation applicant and
defense attorney and also trained as an insurance company loss prevention industrial hygienist.
is responsible for this area of practice. Services include cost containment. including medical
management of claims. prc+nium review, carrier oversight and claims defense.
Dufour & Associates integrates the disciplines of law, science and business economics to help
businesses effectively manage environmental. human and economic resources: assist businesses
in establishing manageable environmental compliance programs: offer employee safety training
and business education programs on a variety of important subjects; and find innovative solutions
to costly generation and disposal of hazardous wastes.
Additiorutl Business Services Provided by Dufour Enrironmental & Resource Afanagement,
Consultants
Pmiect Manaoemenf, When faced with an environmental cleanup or agency investigation, many
businesses find themselves at the mercy of the government without knowing what options exist.
The Dufour Group has the capabilities to provide comprehensive environmental project
management with the proven ability to negotiate low cost investigations and cleanups.
Gomoliance Proamm. The Dufour Group offers complete, 'turn key regulatory
compliance programs forHazatd Communication. OSHA Safety Standards, Community Right -to -
Know, and Proposition 65. Each program is individually designed to meet the specific needs
of each client. Dufour's unique Chemical Inventory and Reporting Program makes complex and
time consuming regulatory requirements simple and worry -free.
Ra—i= Waste Marne mens and Perm' ting, Dufour has developed hazardous waste
management and minimization plans that have saved clients a substantial amount of money in
permit and disposal fees. Dufour also works with clients to rsiinimize hazardous substance risk
and third party liability.
Facility Evalmlion . The Dufour Group's environmental specialists conduct comprehensive
regulatory compliance audits for businesses of al l types. These check ups include Community
Right-tc-Know and Emergency Response, H3ad Communication, Hazardous Waste Handling
and Disposal, Proposition 65 and other environmental and OSHA regulatory programs.
Prooerty AsscSsmet]M. Today, an environmenml assessment is essential in any commercial
property transaction. Dufour offers comprehensive risk assessments in terms of potential
contamination of soil or groundwater. Instead of merely stating what problems may exist,
Dufour can provide a detailed. cost-effective strategy to restore the property to a viable state.
Education and Training. One of the most important missions of the Dufour Group is to show
businesses the easiest, most cost-effective msans of regulatory compliance. Business Education
& Training Institute, an affiliate of Dufour Environmental & Resource Management, offers a
complete program of courses in the field of environmental and OSHA law and regulation.
Through Business Education &, Training Institute. Dufour's educational progra^,s have helped
3
literally thousands of business managers and owners understand environmental and OSHA
compliance. Dufour also produces industry specific training and education programs for
businesses and trade a -,dations. These programs focus on the specific regulatory requirements
for a particular type ofbusiness. The typical program includes the production ofa custom made
regulatory compliance manual and the presentation of a series of workshops.
What the Dufour Group Can Do Far You...
♦ Reduce Hazardous Waste. Dufour has developed programs for clients that have
reduced their hazardous waste generation by over 90 percent. This alone has
saved these firms literally thousands of dollars in annual waste disposal fees.
♦ Simplify Regulatory Compliance. Dufour has shown many clients how to
consolidate their employee training and c h c m i cal inventory requirements into one
program that meets the specifications of several different regulations.
♦ Mwmp Cost -Effective Cleanups. Dufour has demonstrated. an numerous
occasions, the ability to develop and gain government approval for cost- effective
environmental cleanup projects that have saved clients thousands of dollars.
These projects have included soil and groundwater investigations. underground
tank removals, soil excavations and waste treatment.
♦ Keep Everyone Honest (consultants, contractors and government agencies).
Dufour has effectively challenged excessive and costly workplans and negotiated
low cost site investigations and cleanup projects. In some instances, government
agencies have beeri arbitrary or inconsistent in their interpretation of the laws and
regulations.
♦ Fesbwe Property Value. When diems have been unable to sell commp=W
property because of environmental contamination, Dufour has developed and
managed cost-effaetive cleanup projects that nest omd the value cf the property.
♦ Recover Cleanup and Legal Costs. The Dufour Group has helped clients who
were faced with the environmental cleanup of property contaminated by a
previous owner or lessee. Negotiated cost-effective cleanup plans, management
of cleanup operations. and recovery of costs cf the cleanup from the responsible
parties i s the typical strategy recommended to clients or laws -firms representing
clients.
4
Staff and Capabilities
James T. Dufour. Attorney, Certified Industrial Ilygienist and Registered Environmental
Assessor. Mr. Dufour has 20 years of environmental and OSHA compliance experience with
a major chemical company. federal government and in private practice. Jim Dufour is highly -
regarded as an environmental strategist and advisor, providing his clients with a compietc
package of environmental and occupational health and safety services.
In addition, Mr. Dufour is the author and editor of eight widely -acclaimed publications on
environmental and OSHA compliance. He is also the principal instructor for the popular
environmental and OSHA seminar series offeredthrough Business Education &Training Institute
and the California Chamber of Commerce. Literally thousands cf business managers have
benefitted from Mr. Dufour's presentations and publications on environmental compliance.
Kevin J. Burdick, Associate Attorney. Mr. Burdick is an attorney who specializes in
CaI/OSHA, workers' compensation, and other regulatory agency matters. His background
includes insurance Ices control industry experience and eight years of private legal practice. He
will be working on administrative law matters (claims and enforcements), as well as civil and
criminal defense cases.
Michael R. Drayton, Associate Attorney. Mr. Drayton is an attorney with exceptional business
transaction and pre-trial civil litigation experience during his three years as a practicing attorney.
Prior to this, Mr. Drayton was a law clerk and intern to Federal District Court Judge William
Ingram during his legal education. Mr. Drayton will be involved in many of the matters handled
by the firm. but will focus on commercial real property transactions and environmental problems
in this area.
Kenneth A. Davis. Government Relations Consultant. Mr. Davis' expertise includes a wide
range of environmental issues, including air quality. Cal/OSHA, hazardous and solid wastes as
a corporate governmenr affairs manager, independent contract lobbyist and national association's
regional manager.
Allam W. Ader, Ph.D., Consulting Toxicologist, is a Board Certified Toxicologist and an
Industrial Hygienist with over 12 years of directly related experience in the chemical industry
and in a consulting capacity. He has numerous publications and articles in the field of
toxicology and chemical exposure hazards. More importantly, Dr. Ader has developed specific
product safety and hazard communication information, and authored numerous chemical and
product specific risk assessments.
Michael J. Hurley, Manager. Environmental Regulations and Training. Mr. Hurley is
certified by the Office of Emergency Services, California Specialized Training Institute as an
instructor in Emergency Response and Emergency Scene Management. He has over nine years
experience in emergency response supervision, hazardous materials management, and regulatory
analysis. Mr. Hurley`s responsibilities include developing site-sNcific certified training
programs in emergency response and hazardous materials management. In addition. he is
responsible for environmental and Cal/OSHA regulation analyses, compliance program
preparation and technical research writing.
Debralee Merchant, Manager, Environmental, Safety and Heakh Prognuns. Ms. Merchant
is responsible fr preparing business plans and hazardous materials inventories. and completing
OSHA and environmental audits, employee right -to -know training programs, and injury and
illness prevention programs. She has over ten years of experience as a hazardous materials
specialist.
Colia Donaldson, Safely do Health Consultant and Training Specialist. W. Donaldson is a
safety engineer with expertise in OSHA compliance training. He has over 25 years of
experience in the chemical manufacturing industry as a chemist. safety specialist and plant
manager.
Jeannie M. Hayes, Executive Director, Educational Programs. M. Hayes is responsible for
directing the programs offeredthrough Business Education & Training Institute. This includes
coordinating all meetings and conferences, preparation of instructional materials, and on-site
meeting management.
Support Services
Dufour & Associates has the support services necessary to provide the highest quality of
programs for oto: clients.
♦ The Dufour Group owns two c buildings in downtown Sacramento convenient
to the State Capitol. government agencies and courts.
♦ Highly -qualified and c-mpetent secretarial and paralegal staff.
• State-of-the-artdata processing, production and communications equipment.
♦
Complete environmen tal law library. including California Codes, Regulations and
periodical subscriptions to keep clients informed of current developments in this
important area.
Dufour & Associates has established an extraordinary reputation in a short period, helping
hundreds of clients meet complicated environmental requirements. resolve enforcement cases and
effectively address environmental problems associated with property transactions and
government -ordered cleanups.
In order to meet the specific needs of each client. the firm also maintains a professional
association with toxicologists, geologists, soil scientists, abatement contractors and analytical
laboratories.
6
REPRESENTATIVE CUIIV'1' LIST
Manufacturing and Distribution Trade Associations
Advanced Micm Devices (AMD)
Eandini Fertilizer Co.
W.M. Barr Company
Bix Manufacturing. Inc.
CTS Electronics
Ceradyne, Inc.
Crews Evaporator & Drier Co.
DENKA
Dimare Company
Dynamis Inc.
The Flecto Company
Honeywell
Laminations Corporation
L,ockheed
MOC Products, Inc.
Nissan Motor Corporation in U.S.A.
Orchard Supply Handaane
Pacific Coast Building products
Progressive Circuit Products, Inc,
Radiant Color, Inc., a Magruder
Color Company
R.J. Reynolds, Inc.
Riverside Highland Water Co.
Stauffer Chemic J Company
Sterling Drugs (Lysol and d -Con
divisions)
Valley Brass, Inc.
Utilities do Technology Companies
Amgen Inc.
Ebara International Corporation
Energy Absorption Systems
Kellogg Supply. Inc.
Mercury Technologies, inc.
O.RMAT, Inc.
Roseville Telephone Company
7
California Association of Landscape
Contractors
California Association cf Roofing
Contractors
California Chamber of Commerce
California Fabricare Institute
California Fertilizer Association
California Floor Covering Institute
California Grain and Feed Association
California Piping & Plumbing Council
California Seed Association
California Sheet Metat & Air Conditioning
National Association (SMACNA)
Construction Industrial Legislative Council
Milk Producers Council
Northern California Auto Dismantlers
Association
Semiconductor Industry Association
Southern California Glass Management
Association
Consulting Firms & Real Estate
Developers
Ahmanson Developments, Inc.
Anderson Geotechnical
Bruning Associates
Don Chapin Company
Dermody Developments Co.
ERM, Inc.
McLaren Engineering
SEA Consulting Engineers, Inc.
Terratech
JAMES T. DUFOUR
Environmental Attorney, Certified Industrial Hygienist (#1068), Registered Environmental
Assessor (#00548)
Admitted to Practice of Law: California. 1983 (#113111)
Tennessee. 1978 (0`006139)
EDUCATION
B,S., Pre-med curriculum, University of Michigan. 1970.
" M.S. in Public Health, University of Michigan, 1972.
Doctor of Jurisprudence (J. D.), Member of Law Review, University of Tennessee
- College of Law, Knoxville, Tennessee, 1978,
Administrati+ c Law, Notice of Violation Defense, Rulemaking Hearings
Regulatory AppeaWOffice cf Administrative Law Rulemaking Reviews
- Civil Litigation Consultant, Environmental and Toxic Mt Cases
Environmental and Ca]/OSHA Enforcement Actions
- Chemical aux! Pesticide Product Use, Testing, and Regulations
Contaminated Site Investigations. Clean-up Crites, and Negotiations
- Environmental/OSHA Compliance Audit:
Publications, Serninars and Employe Training Materials
Safety and Health Plans and Training for Hazard Waste Sire Investigations
Comprehensive Corporate Regulatory Compliance and Government Relations
Strategies
OSHA -Related €—nbor Relations Issues
PROF 51QNAI. EXEERAENCE—
Currently: Environmental Attorney, Dufour & Associates, Attorneys at Law.
Principal of a three lawyer and one lobbyist law practice which specializes
in environmental and Cal/OSHA defense work, civil litigation associated
with environmental problems, government relations and lobbying. and
busyness transaction advice and counsel.
President. Dufour EnvironrnenW & Resource Management. President cf
this specialized environmental and OSHA consulting business. Dufour
Environmental & Resource Management pmvides consulting services in
the environmental and OSHA areas to businesses and trade associations.
Through its educational subsidiary: Business Education & Training
Institute. it develops publications, training programs and conducts
seminars for private clients and other interested business representatives,
1985 - 1986: Counsel, Environmental and Labor Law, California Chamber of
Commerce, Sacramento, CA. Legal/technic-al expert on toxics. waete
management, air, water. and hazardous material laws and regulations.
19855: Envimn=ntal and neuA Affiaim Semiconductor Industry
Association. San Jose, CA. Managed chip manufacturers interface with
agencies and elected officials on cleanups and other environmental and
workplace issues.
1979- 1985: Attorney. HaulaEON Affairs, Stauffer Chemical Company, Richmond.
CA. Legal technical counsel on heal th and environmental issues involving
pesticides and other products. Developed and managed compliance
programs at Western research and manufacturing facilities. Assistant tt
the Vice -President, Environmental Affairs. Westport, CT (from 1979-
1981); Advised management cn regulatory and product liability issues.
1978 - 1979: MtomeylProiect 1Nassa>aer , }RB Associates, McLean, VA. Consultant to
EPA, OSHA, and businesses on health and environmental projects,
including: litigation support, technical studies. and environmental and
OSHA compliance audits.
1972 - 1978: Cerlifiad Industrial H YT -i en i ss , U.S. Department of Energy (AEC) Oak
Ridge. TN. Developed OSHA and environmental programs and
conducled audits to assure contractor facility compliance with regulatory
requirements.
COMMITTEE APPOINTMENTS:
1986 - 19 8 8 Member, Call OS H A Advisory Committee
1985 - 1986: Member, Governor's Task Force on Toxics, Waste Technology
1984 - 1985: Advisor. EPA Santa Clara Environmental Management Project
1982 - 1984: Chair, Chemical Industry Council Science Committee
1978 - 1982: Chair, American industrial Hygiene Association. Law Committee
PUBLICATIONS, R1,.P4RTS AND 1zRFSEN7ATICNS:
ENVIRONMENTAL A U D ITS
"How Stauffer Assures Environmental Compliance" presented to the Chemical Manufacturers'
Association - Environmental Review Meeting, Atlanta, GA. January 26, 1982.
'Environmental Compliance - One Chemical Company's Approach' presented to the Conoco
Environmental Council and members of its Board of Directors, Stamford, CT, April 21, 1981.
"Environmental Compliance Audits in the Chemical Industy presented to the American
Petroleum Instiwte's Environmenta] Manager's Workshop, Washington. D.C., January 22, 1981.
'An Independent Review of the University cf California - Department of Energy Contract
Labo-ratories," June 7, 1979, with T. Milby, et al.
REGULATORY
Environmental Compliance Handbooks. Currently published by the California Chamber of
Commerce as its Stepby- Step Guides to Environmental Compliance.
"Hazard Communication Handbook," First Edition, May, 1986 Second Edition,
May, 1988 (123 pages)
'Hazardous Mater'sals/CommunityRight-to-KnowHandbook,"Eirst Edition, May,
1986; Second Edition, August. 1989 (250 pages)
"Hazardous Waste Management Handbook," First Edition, May, 1986; Second
Edition, August. 1989 (485 pages)
"Proposition 65 Handbook," First Edition. l rbmary, 1988: Second Edition, May,
1989 (145 pages)
3
'Ca IIOSHA Handbook." First Edition. January, 1990 (336 pages), Editor
"SR 198 Handbook,' First Edition. January. 1991 (157 pages)
" Envi ron mental Compliance Handbook." First Edition, January, 1992 (212 Pages)
"Regulation cf Emissions of Airborne Toxic Substances - Nuisance to Risk Assessment: An
Analysis of AB 2588 the California Air Toxics Hot Spots Information and Assessment Act of
1987," Western State Law Review. Volume 16. Number 1, Fall 1988.
"Proposition 65, The Safe Drinking Water and Toxics Enforcement Act: Its Relation to Other
EnVironrnenta.110SHA Requirements.' Western State Law Review, Fall 1988.
"Employers.—You deed to Know" seminars for over 1,500 businesses on hazardous waste
management and community and worker right -to -know during 1986 and 1987.
'Testimony of W.C. Jaeschke before the U.S. EPA on Proposed Policy and Procedures for
Identifying, Assessing and Regulating Airborne SubstancesPosing a Risk of Cancer." March 12,
1980. Boston, MA, and the written comments cf Stauffer Chemical Company,
"Comments of Stauffer Chemical Company on EEOC/OFCCP Guidelines on Reproductive
Hazamb in the Workplace." June 30, 1980.
"NPDES Administrative Procedures Manual' for the U.S. EPA Office of Water Enforcement,
Washington, D.C., June, 1979. with R Browne.
RISK ASSESSMENTS
'A critical Review of Risk Assessments' presented to the American Industrial Hygiene
Conference; Las Vegas, NV. May, 1985 with D. Paustenbach.
"The Engineer's Role in Protecting Human Heal th - Legal Aspects." tvt eo h n n i n l Engineering,
106:62-69, August, 1984 with D. Faustenbach:
"Anatomy ofUnreasonable Risk' presented by W.C. Jaeschke to the NY Academy of Sciences,
March 27, 1980. Published in the Academy's Annals. Volume 363, April 30, 1981.*
"Who determines the Risks Associated with Energy Production' presented by the Sixth Life
Sciences Symposium, Los Alamos Scientific Laboratory, Los Alamos, NM. September. 1978.
Published in the AIHA Journal. December, 1979. *
"A Decision Logic for the Mead Corporation's Chemical Substance Review Committee.'
December, 1978. Author of this JRR report.
Peer rrviewce[ jixarnxl inuliiiinnonn
4
d'f
CITY OF LODI
SPECIAL ALLOCATION REQUEST
TO: Finance Director DATE: April 15, 1992
FROM: City Clerk PROJECT HUMBER:
Request is made for funds to accomplish the following project which was not included in
the current budget:
Description of Project Estimated Cost
Retention of the firm of Dufour and Associates (Sacramento) to assist in seeking from
the State Department of Health Services an extension/waiver of time limits for the
installation of DBCP filters - not to exceed 510,000
Funding - Account 18.453.02 (323)
(If you need more space, use additional sheet and attach to this form)
Date of Approval - April 15, 1992 Amount Approved - Not to exceed 510.000
Counci 1 XXXXX City Manager
FUND OR ACCOUNT TO BE CHARGED
Current Budget 4 P ' Y R $
Contingent Fund 4
Capital Outlay Reserve 3
Utility Outlay Reserve S
Hotel/Motel I a x Reserve - $
General Fund Operating Reserve $
rior ear eserve
General Fund Surplus 5
Gas Tax Fund $
Other (Election) $
1,A -
Dixon Flynn, Alice la Reimdiel
Finance Director City Clerk
Submit this form in duplicate to the Finance Director. Distribution after approval w i I I
be as follows: 1) Originating Department 2) Finance Department
CIN OF LODI
AGENDA TITLE: Consider retaining the firm of Dufour and Associates
of Sacramento to assist in obtaining from the State
Department of Health Services an extension/waiver of
time limits for installation of dibromochloropropane
(DBCP} filters.
MEETING DATE: April IS. 1992
PREPARED BY: City Attorney
RECOMMENDED ACTION: :ounCil consideration of retaining the firm of
Dufour and Associates (Sacramento) to assist in
seeking from the State Department of Health
Services an extension/waiver of time limits for
installation of DBCP filters.
BACKGROUND: The City of Lodi is presently going forward with
litigation against the various manufacturers of
DBCP. In the meantime, we are still obligated
pursuant to our operating permit from and orders
of the State Department of Health Services to continue with installation of
the granular activated carbon filters on some of the City's water wells
found to contain DBCP. The costs and other considerations associated with
these installations has been discussed at length recently.
While the litigation goes forward, it may be in our best interests to also
explore the possibility of relief by way of the administrative process. On
April 6, 1992. City Manager Tom Peterson. Public works Director Jack Ronsko
and myself met with Jim Dufour to discuss that possibility. Mr. Dufour is
of the opinion that it may be possible, using the State administrative
process, to obtain from the State Department of Health Services a waiver or
extension of time in which the DBCP filters must be installed. That period
could be from 12 to 36 months and might offer several advantages.
First, the DBCP levels in sone City wells may drop in 36 months and might
bring them into compliance without the necessity of a filter. The time
could also allow the City to explore amending the regulations or orders.
The state of available technology continues to improve and during the
extension, we might find a better and more economical solution. Also, if m
don't have to put the filters on imnediately. there would be no interest
accruing on the loan received from the State.
APPROVED
THOMAS A PETERSON
City MtartoW
DBCPII/TXTA.OIY
cc- $
AGENDA TITLE: Consider retaining the firm of Dufour and Associates
of Sacramento to assist in obtaining from the State
Department of Health Services an extension/waiver of
time limits for installation of dibromochloropropane
(DBCP) filters.
MEETING DATE: April 15, 1992
Page Two
If no extension is received. the City will be obligated to continue
installing the filters. One-half of our non-compliance wells must be
brought into compliance by October 1, 1992. and the deadline for complete
remediation is April 1, 1993.
Mr. Dufour's firm specializes in matters of this nature and hfs experience
covers over 20 years. Hourly rates are $170 and it is his estimate that it
would cost between $5 and $10 thousand to handle this matter all the way
through a decision by the Office of Administrative Law.
Council consideration is requested.
FUNDING: Account 00-035.0i( /
/f- ( "S.) AW )W7
Respectfully submitted.
99 ca
City Attorney
BM/VC
DICPli/TXTA.OIY
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44
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