HomeMy WebLinkAboutAgenda Report - August 11, 2009 D-01 SMAGENDA ITEM 1>60 I
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Authorize City Managerto EnterVoluntary Cleanup Agreement with Department of
Toxic Substances Control for Soil Removal on Lodi Energy Center Site
MEETING DATE: August 11, 2009
PREPARED BY: City Attorney's Office
RECOMMENDED ACTION: Authorize City Managerto EnterVoluntary Cleanup Agreement with
Department of Toxic Substances Control for Soil Removal on Lodi
Energy Center Site.
BACKGROUND INFORMATION: The LEC site was historically used to store sewer sludge, primarily
during periods that the sludge ponds needed maintenance. It is possible that this storage caused several
contaminants that have been found on site including metals, pesticides and combustion byproducts.
NCPA and City staff have tentatively agreed to the following remediation program.
a) City to enter Voluntary Cleanup Agreement with Department of Toxic Substances Control
(DTSC) and perform cleanup. City to pay consultant and DTSC costs currently estimated at
$100,000 to $300,000.
b) LEC to excavate and load soil at its expense.
c) City to pay trucking and disposal costs currently estimated at $320,000 to $1.3 million.
d) LEC to front all cleanup costs as a credit against LEC's payment obligations to City.
Terms of Voluntary Cleanup Agreement:
1) City contracts with DTSC to oversee cleanup to state and federal standards.
2) City to pay DTSC costs unlimited but estimated at $45,000 ($20,000 advance deposit).
3) Terminable at will without further obligation.
4) Parties agree to significantly shortened time frame and turn around times to keep LEC
project on track.
5) Parties reserve all rights/City makes no admissions.
Approval of the LEC is under the California Energy Commission (CEC). CEC has required the LEC site
be remediated under contract with the DTSC. As cleanup is mandated and revenues will quickly exceed
the expected costs, staff recommends Council authorize the City Manager to enter the Voluntary Cleanup
Agreement attached hereto.
FISCAL IMPACT: Up to $1.6 million in costs in year 1 offset by LEC lease and water revenue.
FUNDING AVAILABLE: Costs to be advanced by LEC as a credit nst year 1 and 2 revenues.
S e chwabauer
City Attorney
v
Linda S.Adams
Secretaryfor
Environmental Protection
May 28,2009
Department of Toxic Substances Control
Mr. D. Stephen Schwabauer
City Attorney
221 West Pine Street
Lodi, California 95241-1910
Maziar Movassaghi
Acting Director
8800 Cal Center Drive
Sacramento, California 95826-3200
Arnold Schwarzenegger
Governor
VOLUNTARY CLEANUP AGREEMENT, LODI ENERGY CENTER, CITY OF LODI,
SAN JOAQUIN COUNTY, CALIFORNIA
Dear Mr. Schwabauer:
The Departmentof Toxic Substances Control (DTSC) has enclosed for your review
copy of the Draft Voluntary Cleanup Agreement (Agreement)for the Lodi Energy Center
(Site) located at 12745 North Thornton Road in Lodi, San Joaquin County, California
95240. If you find the enclosed Agreement acceptable, please sign and return the
document to DTSC. Upon receipt of the signed copy of the document, DTSC will then
sign and send you a copy of the fully executed Agreement.
We look forward to working with you toward the successful completion of this project. If
you have any questions, please contact Ms. Maria Gillette, Project Manager at
(916) 255-3953.
Sincerely,
vVVv� f • �/ V
Ste en R. Becker, P.G.
Supervising Senior Engineering Geologist
Brownfields and Environmental Restoration Program
Enclosure
cc: Ms. Ellie Townsend — Hough
Chemical Engineer
California Energy Commission
1516 Ninth Street MS 40
Sacramento, California 95814
9 Printed on Recycled Paper
Mr. D. Stephen Schwabauer
May 28,2009
Page 2
cc: Ms. Maria N. Gillette (sent via email)
Project Manager
Brownfields and Environmental Restoration Program
Departmentof Toxic Substances Control
8800 Cal Center Drive
Sacramento, California 95286
STATE OF CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF TOXIC SUBSTANCES CONTROL
IN THE MATTER OF:
Lodi Energy Center
12745 North Thornton Road
Lodi, California 95240
PROJECT PROPONENT:
City of Lodi
221 West Pine Street
Lodi, California 95241-6701
Voluntary Cleanup
Agreement
Health and Safety Code
Section 25355.5(a)1)(C)
I. INTRODUCTION
1.1 Parties. The California Environmental Protection Agency, Department of
Toxic Substances Control (DTSC) enters into this Voluntary Cleanup Agreement
(Agreement) with the City of Lodi (the Proponent).
1.2 Site. The Lodi Energy Center property which is the subject of this
Agreement (Site) is located at 12745 North Thornton Road, Lodi; San Joaquin County,
California 95240. The Northern California Power Agency is proposingto construct a
gas-fired generating station identified as the Lodi Energy Center (LEC) on the Site
property and has submitted an Application of Certification to the California Energy
Commission for approval of the proposed project. The Site property consists of an
approximately 4.4 acre parcel that is located within the boundariesof the City of Lodi's
existing White Slough Water Pollution Control Facility (WPCF) and described as a
portion of the San Joaquin County Assessor's Parcel Number (APN) 055-139-16. A
diagram of the Site and a location map are attached as ExhibitA and Exhibit B.
1.3 Jurisdiction. This Agreement is entered into by DTSC and Proponent
pursuant to Health and Safety Code (H&SC) section 25355.5(a)(1)(C). This section
authorizes DTSC to enter into an enforceable agreement with Proponent to oversee the
characterization and cleanup of a Site.
1.4 Purpose. The purpose of this Agreement is for the Proponentto prepare a
Preliminary Endangerment Assessment (PEA) (or other assessment deemed by DTSC
to be substantially equivalent)to determine the extent of the Site property's existing
hazardous substance contamination and conduct a removal action under the oversight
of DTSC. DTSC will be working cooperatively with the California Energy Commissionto
ensure timely coordination of document review and field activities. The purpose of this
Page 1 of 8
Agreement is also for DTSC to obtain reimbursement from the Proponentfor DTSC's
oversight costs.
II. BACKGROUND
2.1 Ownership. The Site property is owned by the City of Lodi, 221 West Pine
Street, Lodi, California 95241-1910.
2.2 Substances Found at the Site. Information contained in the Agreement
application, the Phase 1 Environmental Site Assessment (Phase I ESA), dated
June 30,2008, and the Phase II ESA, dated February 26,2009, report the presence of
elevated concentrations of metals, total petroleum hydrocarbons, polynucleararomatic
hydrocarbons and organochlorine pesticides in the Site's surface soils.
2.3 Physical Description. The Site is located in proximity to Interstate Highway
5, approximately 6 miles west of the Lodi city center and 2 miles north of the City of
Stockton. The Site is bordered by the City of Lodi's White Slough Water Pollution
Control Facility (WPCF)to the north and east, the San Joaquin County's Vector Control
fish -rearing ponds on the south, and the Northern California PowerAgency's (NCPA)
turbine facility and switching yard on the west. Properties beyond the adjoining uses are
developed with agricultural fields, and Interstate Highway adjoins the WPCF on the
east.
2.4 Site Historv. Historical aerial photos suggest that the subject propertywas
used for agricultural purposes (row crops and pasture land) prior to the construction of
the WPCF in the early 1960's. In recent years, the Site property has been used as a
staging area for contractor construction improvements at the adjacent WPCF. Historical
documentation indicates the Site property was also used in the late 1980's for the
stockpiling of bio-solids/sludge removed from storage ponds at the adjacent WPCF. In
2003, the Site was reportedly used again for the temporary stockpiling of pond sediment
during maintenancework at the WPCF. The Phase II ESA reported that these materials
have been removed and that the Site property is currently vacant.
II1. AGREEMENT
3.0 IT IS HEREBY AGREED THAT DTSC will provide review and oversight of
the response activities conducted by the Proponent in accordance with the Scope of
Work contained in Exhibit C. The Proponent shall conduct the activities in the manner
specified herein and in accordance with the schedule specified in Exhibit E. All work
shall be performed consistentwith H&SC section 25300 et seq., as amended; the
National Contingency Plan (40 Code of Federal Regulations (CFR) Part 300), as
amended; U.S. EPA and DTSC Superfund guidance documents regarding site
investigation and remediation.
3.1 Scope of Work and DTSC Oversight. DTSC shall review and provide
Proponentwith written comments on all Proponent deliverables as described in Exhibit
C (Scope of Work) and other documents applicable to the scope of the project. DTSC
shall provide oversight of field activities, including sampling, as appropriate. DTSC's
Page 2 of 8
completion of activities described above shall constitute DTSC's complete performance
under this Agreement.
3.2 Additional Activities. Additional activities may be conducted and DTSC
oversight provided by amendmentto this Agreement or Exhibits hereto in accordance
with Paragraph 3.17. If DTSC expects additional oversight costs to be incurred related
to these additional activities, it will provide an estimate of the additional oversight cost to
the Proponent.
3.3 Agreement Managers. Steven R. Becker, P.G., Supervising Senior
Engineering Geologist is designated by DTSC as its Managerfor this Agreement.
D. Stephen Schwabauer, City Attorney for the City of Lodi, is designated by the
Proponentas the Managerfor this Agreement. Each Partyto this Agreement shall
provide at least ten (10) days advance written notice to the other of any change in its
designated manager.
3.4 Notices and Submittals. All notices, documents and communications
required to be given under this Agreement, unless otherwise specified herein, shall be
sent to the respective parties at the following addresses:
3.4.1'\Aftn:aria
: (SEE FOLLOWING PAGE)
Becker, P.G.
g Senior Engineering Geologist
s and Environmental Restoration Program
a N. Gillette
nt of Toxic Substances Control
Center Drive
o, California 95826
3.4.2 To the Propo nt:
D. Stephen S^vabauer
City Attorney
221 West Pine Stre t
Lodi, California 9524 1910
3.4.3 To the Proponents Cons tant:
Sarah Madams
CH2M HILL
2485 Natomas Park Drive, Sui 600
Sacramento, California 95833
All plans and reports shall include a PDF copy in accordance with DTSC's Guidelines
for Submitting PDF Documents contained in Exhibit F.
3.5 DTSC Review and Approval. If DTSC determines that any report, plan,
schedule or other document submitted for approval pursuantto this Agreement fails to
comply with this Agreement or fails to protect public health or safety or the environment,
DTSC may (a) Return comments to the Proponent with recommended changes; or
Page 3 of 8
3.4 Notices and Submittals. All notices, documents and communications
required to be given under this Agreement, unless otherwise specified herein, shall be
sent to the respective parties at the following addresses:
3.4.1 To DTSC:
Steven R. Becker, P.G.
Supervising Senior Engineering Geologist
Brownfields and Environmental Restoration Program
Attn: Maria N. Gillette
Departmentof Toxic Substances Control
8800 Cal Center Drive
Sacramento, California 95826
3.4.2 To the Proponent:
D. Stephen Schwabauer
City Attorney
City of Lodi
221 West Pine Street
Lodi, California 95241-1910
3.4.3 Charlie Swmley
Water Services Manager
City of Lodi
P.O. Box 3006
Lodi, California 95241
3.4.3 To the Proponent's Consultant:
Gary D. Haeck, Ph.D., P.G.
Stantec Consulting Corporation
3017 Kilgore Road, Suite 100
RanchoCordova, California 95670-6150
3.4.4 To the Proponent's Tenant:
Ed Warner
Northern California PowerAgency
12751 North Thornton Road
Lodi, California 95242
Page 1 of 8
(b) Following consultation with the Proponent, modify the document as deemed
necessary and approve the document as modified.
3.6 Communications. All DTSC approvals and decisions made regarding
submittals and notifications will be communicated to the Proponent in writing by DTSC's
Agreement Manager or his/her designee. No informal advice, guidance, suggestions or
comments by DTSC regarding reports, plans, specifications, schedules or any other
writings by the Proponent shall be construed to relieve the Proponentof the obligation
to obtain such written approvals.
3.7 Endangerment During Implementation. In the event DTSC determines that
any activity (whether or not pursued in compliance with this Agreement) may pose an
imminent or substantial endangermentto the health and safety of people on the Site or
in the surrounding area or to the environment, DTSC may order the Proponentto stop
further implementation of this Agreement for such period cf time as may be needed to
abate the endangerment.
3.8 Payment. The Proponent agrees to pay (1) all costs incurred by DTSC in
association with preparation of this Agreement and for review of documents submitted
prior to the effective date of the Agreement, and (2) all costs incurred by DTSC in
providing oversight pursuantto this Agreement, including review of the documents
described in Exhibit C and associated documents, and in providing oversight of field
activities. An estimate cf DTSC's oversight costs is attached as Exhibit D. It is
understood by the parties that Exhibit D is an estimate and cannot be relied upon as the
final cost figure. DTSC will bill the Proponent quarterly. Proponent agrees to make
payment within 60 days of receipt cf DTSC's billing. Such billings will reflect any
amounts that have been advanced to DTSC by the Proponent.
3.8.1 In anticipation of services to be rendered, the Proponentshall make an
advance payment of $20,000.00 to DTSC. That payment shall be made no laterthan
ten (10) days after this Agreement is fully executed. If the Proponent's advance
payment does not cover all costs payable to DTSC underthis paragraph, Proponent
agrees to pay the additional costs within sixty (60) days of receipt of a bill from DTSC.
3.8.2 If any bill is not paid by the Proponentwithin sixty (60) days after it is sent
by DTSC, the Proponent may be deemed to be in material default of this Agreement.
3.8.3 All payments made by the Proponent pursuantto this Agreement shall be
by a cashier's or certified check made payable to the "Department of Toxic Substances
Control", and bearing on its face the project code for the Site (102011-11) and the
docket number of this Agreement. Payments shall be sent to:
Department cf Toxic Substances Control
Accounting/Cashier
1001 "I" Street
P.O. Box 806
Sacramento, California 95812-0806
Page 4 of 8
A photocopy of the check shall be sent concurrentlyto DTSC's Agreement
Manager/Performance Manager.
3.8.4 If the advance payment exceeds DTSC's actual oversight costs, DTSC will
provide an accounting for expenses and refund the difference within 120 days after
termination of this Agreement in accordancewith Paragraph 3.18. In no other case shall
the Proponent be entitled to a refund from DTSC or to assert a claim against DTSC for
any amount paid or expended underthis Agreement.
3.9 Condition Precedent. It is expressly understood and agreed that DTSC's
receipt of the advance payment described in Paragraph 3.8.1. is a condition precedent
to DTSC's obligation to provide oversight, review and/or comment on documents.
3.10 Record Retention. DTSC shall retain all cost records associated with the
work performed underthis Agreement for such time periods as may be required by
applicable state law. The Proponent may request to inspect all documents which
support DTSC's cost determination in accordance with the Public Records Act,
Government Code section 6250 et seq.
3.11 Proiect Coordinator. The work performed pursuant to this Agreement shall
be under the direction and supervision of a qualified project coordinator, with expertise
in hazardous substance site cleanup. The Proponent shall submit: a) the name and
address of the project coordinator; and b) in order to demonstrate expertise in
hazardous substance site cleanup, the resume of the coordinator. The Proponent shall
promptly notify DTSC of any change in the identity of the Project Coordinator. All
engineering and geological work shall be conducted in conformance with applicable
state law, including but not limited to, Business and Professions Code sections 6735
and 7835.
3.12 Access. Proponent shall provide, and/or obtain access to the Site and
offsite areas to which access is necessaryto implementthis Agreement. Such access
shall be provided to DTSC's employees, contractors, and consultants at all reasonable
times. Nothing in this paragraph is intended or shall be construed to limit in anyway the
right of entry or inspection that DTSC or any other agency may otherwise have by
operation of any law. DTSC and its authorized representatives shall have the authority
to enter and move freely about all property at the Site at all reasonabletimes for
purposes including, but not limited to: inspecting records, operating logs, sampling and
analytic data, and contracts relating to this Site; reviewing the progress of the Proponent
in carrying out the terms of this Agreement; conducting such tests as DTSC may deem
necessary; and verifying the data submitted to DTSC by the Proponent.
3.13 Sampling, Data and DocumentAvailability. When requested by DTSC, the
Proponentshall make available to DTSC, and shall provide copies of, all data and
information concerning contamination at the Site, including technical records and
contractual documents, sampling and monitoring information and photographs and
maps, whether or not such data and information was developed pursuantto this
Agreement.
Page 5 of 8
3.14 Notification of Field Activities. The Proponent shall inform DTSC at least
seven (7) days in advance of all field activities pursuant to this Agreement and shall
allow DTSC and its authorized representatives to take duplicates of any samples
collected by the Proponent pursuantto this Agreement.
3.15 Notification of Environmental Condition. The Proponent shall notify
DTSC's Agreement Manager immediately upon learning of any condition posing an
immediate threat to public health or safety or the environment. Within seven (7) days of
the onset d such a condition, the Proponentshall furnish a report to DTSC, signed by
the Proponent's Agreement Manager, setting forth the events which occurred and the
measures taken in the response thereto.
3.16 Preservation of Documentation. The Proponent shall maintain a central
repository of the data, reports, and other documents prepared pursuantto this
Agreement. All such data, reports and other documents shall be preserved by the
Proponentfor a minimum of six (6) years after the conclusion of all activities carried out
under this Agreement. If DTSC requests that some or all of these documents be
preserved for a longer period of time, the Proponent shall either comply with that
request, deliver the documentsto DTSC, or permit DTSC to copy the documents prior
to destruction. The Proponent shall notify DTSC in writing at least ninety (90) days prior
to the expiration of the six-year minimum retention period before destroying any
documents prepared pursuantto this Agreement. If any litigation, claim, negotiation,
audit or other action involving the records has been started before the expiration of the
six year period, the related records shall be retained until the completion and resolution
of all issues arising there from or until the end of the six-year period, which ever is later.
3.17 Amendments. This Agreement maybe amended or modified solely upon
written consent of all parties. Such amendments or modifications may be proposed by
any party and shall be effective the third business day following the day the last party
signing the amendment or modification sends its notification Cf signing to the other
party. The parties may agree to a different effective date.
3.18 Termination for Convenience. Except as otherwise provided in this
Paragraph, each party to this Agreement reserves the right unilaterallyto terminate this
Agreement for any reason. Termination may be accomplished by giving a thirty (30) day
advance written notice of the election to terminate this Agreement to the other Party. In
the event that this Agreement is terminated under this Paragraph, the Proponent shall
be responsible for DTSC costs through the effective date of termination.
3.19 Exhibits. All exhibits attached to this Agreement are incorporated herein
by this reference.
3.20 Time Periods. Unless otherwise specified, time periods begin from the
date this Agreement is fully executed, and "days" means calendar days. "Business
days" means all calendar days that are not weekends or official State holidays.
3.21 Proponent Liabilities. Nothing in this Agreement shall constitute or be
considered a satisfaction or release from liabilityfor any condition or claim arising as a
Page 6 of 8
result of Proponent's past, current, or future operations. Nothing in this Agreement is
intended or shall be construed to limitthe rights of any of the partieswith respectto
claims arising out of or relating to the deposit or disposal at any other location of
substances removed from the -Site.
3.22 Government Liabilities. The State of California (State) shall not be liable
for any injuries or damages to persons or property resulting from acts or omissions by
the Proponent or by related parties in carrying out activities pursuantto this Agreement,
nor shall the State of California be held as a party to any contract entered into by the
Proponent or its agents in carrying out the activities pursuant to this Agreement.
3.23 Third Party Actions. In the event that the Proponent is a party to any suit
or claim for damages or contribution relating to the Site to which DTSC is not a party,
the Proponent shall notify DTSC in writing within ten (10) days after service of the
complaint in the third -party action. Proponent shall pay all costs incurred by DTSC
relating to such third -party actions, including but not limited to, responding to
subpoenas.
3.24 Reservation of Riqhts. DTSC and the Proponent reserve the following
rights.
3.24.1 DTSC reserves its right to pursue cost recovery under the
Comprehensive Environmental Response, Compensation and Liability act of 1980
(CERCLA), as amended, the California Health and Safety Code section 25360, and any
other applicable section cf the law.
3.24.2 Nothing in this Agreement is intended or shall be construed to limit or
preclude DTSC from taking any action authorized by law or equity to protect public
health and safety or the environment and recovering the costs thereof.
3.24.3 Nothing in this Agreement shall constitute or be construed as a waiver of
the Proponent's rights, (including any covenant not to sue or release) with respect to
any claim, cause of action, or demand in law or equity that the Proponent may have
against any "person", as defined in Section 101 (21) of CERCLA, or Health and Safety
Code section 25319, that is not a signatory to this Agreement.
3.24.4 By entering into this Agreement, Proponent does not admit to any fact,
fault or liability under any statute or regulation.
3.25 Compliance with Applicable Laws. Nothing in this Agreement shall relieve
the Proponent from complying with all applicable laws and regulations, and the
Proponent shall conform all actions required by this Agreement with all applicable
federal, state and local laws and regulations.
3.26 California Law. This Agreement shall be governed, performed and
interpreted under the laws of the State of California.
Page 7 of 8
3.27 Severability. If any portion of this Agreement is ultimately determined not
to be enforceable, that portion will be severed from the Agreement and the severability
shall not affect the enforceability of the remaining terms of the Agreement.
3.28 Parties Bound. This Agreement applies to and is binding, jointly and
severally, upon each signatory and its officers, directors, agents, receivers, trustees,
heirs, executors, administrators, successors, and assigns, and upon any successor
agency of the State of California that may have responsibility for and jurisdiction over
the subject matter of this Agreement. No change in the ownership or corporate or
business status of any signatory, or of the facility or Site shall alter any signatory's
responsibilities under this Agreement.
3.29 Effective Date. The effective date of this Agreement is the date when this
Agreement is fully executed.
3.30 Representative Authority. Each undersigned representative of the parties
to this Agreement certifiesthat she or he is fully authorized to enter into the terms and
conditions of this Agreement and to execute and legally bind the parties to this
Agreement.
3.31 Counterparts. This Agreement maybe executed and delivered in any
numberof counterparts, each of which when executed and delivered shall be deemed
to be an original, but such counterparts shall together constitute one and the same
document.
Date
Steven R. Becker, P.G.
Supervising Senior Engineering Geologist
Brownfields and Environmental Restoration Program
Departmentof Toxic Substances Control
Date
D. Stephen Schwabauer
City Attorney
City of Lodi
Page 8 of 8
EXHIBITS
LOD) ENERGY CENTER
A - SITE DIAGRAM
B - SITE LOCATION MAP
C - SCOPE OF WORK
D - COST ESTIMATE
E - SCHEDULE
F - SUBMITTING PDF DOCUMENTS
EXHIBITA
SITE DIAGRAM
LODI ENERGY CENTER
.
LEGEND
®Proposed Laydown and/or ParkingAreas
=Proposed Plant Site
EXHIBIT B
SITE LOCATION MAP
LODI ENERGY CENTER
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1:24,000
Project 63(X)•01.08 June 2008
Environmental Site Assessment
12751 North Thornton Road. Lodi
FIGURE
Carlton Engineering, Inc.
3883 Ponders-wa Road
San Joaquin, California
1
1
r/ Shingle Springs, California 95682
ASL N
EXHIBIT C
SCOPE OF WORK
LODI ENERGY CENTER
The following Tasks will be completed as part of this Agreement:
TASK 1. Preliminary End angermentAssessment (PEA). The Proponent shall conduct a
PEA to determine whether a release or threatened release of hazardous substances
exists at the Site which poses a threat to human health of the environment. The PEA
shall be conducted in accordance with the DTSC guidance manual for evaluating
hazardous substance release sites, titled: "Preliminary Endangerment Assessment
Guidance Manual", State of California, Environmental Protection Agency, Departmentof
Toxic Substances Control (January 1994). Documentswhich may be required as part of
the PEA are:
(a) PEA Workplan. This workplan shall include a sampling plan designed to
determine the type and general extent of contamination at the Site; a
health and safety plan addressing health and safety issues and safe work
practices; and a quality assurance/quality control (QA/QC) plan to produce
data of known quality.
(b) PEA Report. This report will document whether a release has occurred or
threatened release exists, the threat the Site poses to human health and
the environment, and whether further action is necessary.
TASK 2. Removal Action Workplan (RAW). In the event DTSC determines that a
removal action is appropriate, the Proponentwill prepare a RAW in accordance with
Health and Safety Code sections 25323.1 and 25356.1. The Draft RAW shall address
the following criteria:
(a) a description of the onsite contamination;
(b) the goals to be achieved by the removal action;
(c) an analysis of the alternative options considered and rejected, and
the basis for that rejection. This analysis should include a discussion
for each alternative which covers its effectiveness, implementability
and cost;
(d) administrative record list; and
(e) a statement that the RAW serves as an equivalent document to the
Engineering Evaluation/Cost Analysis document required by the
National Contingency Plan
(f) Remedial Design and Implementation Plan consisting of:
1. technical and operational plans and engineering designs for
implementation of the approved remedial or removal action
alternative(s);
2. a schedule for implementing the construction phase;
3. a description of the construction equipment to be employed;
EXHIBIT C Page 1 of 3
SCOPE OF WORK g
LODI ENERGY CENTER
4. a Site specific hazardous waste transportation plan (if
necessary);
5. the identityof any contractors, transporters and other persons
conducting the removal and remedial activities for the Site;
6. post -remedial sampling and monitoring procedures (as
applicable) for air, soil, surface water and groundwater;
7. operation and maintenance procedures and schedules; and
8. a health and safety plan.
TASK 3. California Environmental Quality Act. Based on the results of the proposed
project's initial environmental assessment, DTSC will prepare the necessary CEQA
documents. If required, the Proponentwill submit the information necessaryfor DTSC to
prepare these documents.
TASK 4. Implementation of Final RAW. Upon DTSC's approval of the final RAW, the
Proponent shall implementthe removal action, as approved. Within, thirty (30) days of
completion of field activities, the Proponent shall submit an Implementation Report
documenting the implementation cfthe final RAW.
TASK 5. Changes During Implementation of Final RAW. During implementation of the
final RAW and Remedial Design and Implementation Plan (RDIP), DTSC may specify
such additions, modifications and revisions to the RAW or RDIP as deemed necessary
to protect human health and safety, or the environmentto implement the RAW.
TASK 6. Public Participation.
6.1 Proponent shall conduct appropriate public participation activities given
the nature of the community surrounding the Site and the level of community interest.
Proponent shall work cooperatively with DTSC to ensure that the affected and
interested public and community are involved in DTSC's decision-making process. Any
such public participation activities shall be conducted in accordance with Health and
Safety Code sections 25358.7, the DTSC Public Participation Policy and Procedures
Manual, and with DTSC's review and approval.
6.2 The Proponent shall prepare community profile to examine the level of
the community's knowledge of the Site; the types cf community concerns; the proximity
of the Site to homes and/or schools, day care facilities, churches, etc.; the current and
proposed use of the Site; media interest; and involvement of community groups and
elected officials.
6.3 The Proponent shall develop and submit fact sheets to DTSC for review
and approval when specifically requested by DTSC. Proponent shall be responsible for
printing and distribution of fact sheets upon DTSC approval using the approved
community mailing list.
6.4 The Proponent shall publish, in a major local newspaper(s), a public notice
announcing the availability of the RAW for public review and comment. The public
comment period shall last a minimum of thirty (30) days.
EXHIBITC Page 2 of 3
SCOPE CF WORK g
LODI ENERGYCENTER
6.5 DTSC may require that the Proponent hold at least one public meeting to
inform the interested community of the proposed activities and to receive public
comments on the RAW.
6.6 Within two weeks of the close of the public comment period, the
Proponent shall coordinate with DTSC the preparation of written response to the public
comments received.
6.7 If appropriate, the Proponent will revise the RAW on the basis of
comments received from the public, and submit the revised RAW to DTSC for review
and approval. The Proponentwill also notify the public of any significant changes from
the actions proposed in the RAW.
TASK 7. Quality Assurance/Quality Control (QNQC) Plan. All sampling and analysis
conducted by the Proponent under this Agreement shall be performed in accordance
with a QNQC Plan submitted bythe Proponentand approved by DTSC. The QNQC
Plan will describe:
(a) the procedures for the collection, identification, preservation and
transport of samples;
(b) the calibration and maintenance of instruments;
(c) the processing, verification, storage and reporting of data, including
chain of custody procedures and identification of qualified persons
conducting the sampling and of a laboratory certified or approved by
DTSC pursuant to Health and Safety Code section 25198; and
(d) how the data obtained pursuant to this Agreement will be managed
and preserved in accordance with the Preservation of Documentation
section of this Agreement.
TASK 8. Health and Safety Plan. The Proponentwill submit a Site Health and Safety
Plan in accordancewith California Code of Regulations, Title 8, section 5192 and DTSC
guidance, which covers all measures, including contingency plans, which will be taken
during field activities to protect the health and safety of the workers at the Site and the
general public from exposure to hazardous waste, substances or materials. The Health
and Safety Plan should describe the specific personnel, procedures and equipment to
be utilized.
TASK 9. Deed Restrictions. The Parties agree that deed restrictions or land use
restrictions maybe necessaryto insure full protection of the environment and human
health. DTSC may require such a deed restriction or land use restriction as part of the
RAW approval. The Proponent agrees to sign and record the deed or land use
restrictions approved by DTSC.
TASK 10. Operation and Maintenance (O&M) Aareement. The Proponent shall comply
with all operation and maintenance requirements in accordance with the final RAW. The
Proponentshall enter into an O&M Agreement (which includes financial assurance
requirements) with DTSC prior to certification of the Site.
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LODI ENERGYCENTER
DEPARTMENT OF TOXIC SUBSTANCES CONTROL
EXHIBIT D
VCA COST ESTIMATE *includes Direct and Indirect Rates*
LODI ENERGY CENTER
TITLE
Project
Manager
Legal
Toxicology
HQ
Geology CEQA
Industrial
Hygiene
Public
Participation
Supervisor
En Geo
Clerical
CLASSIFICATION
HSS
Staff
Counsel
Staff
Toxicologist
EG AEP
AN
PPS
SHSE/
SHSS
SEG
WPT
TASKS
VCA (PEA/RAW)
Preparation/Negotiation
8
2
1
Site Visit
8
PEA
24
1
Project Meetings
8
1
Final Correspondence
8
1
1
Risk Assessment
8
20
CEQA
20
12
1
RAW
30
8
1
Public Participation
16
25
2
Remedial Design
4
2
8
Implementation Oversight
8
8
Completion/
Implementation Report
16
1
2
Deed Restriction
20
16
1
1
O&M Agreement
20
16
1
1
Certification
61
1
1
O&M Plan
8
Total Hours/Class
2121
321
201
01 121
201
251
12
8
10
Total Hours
351
HourlyRate/Class
$118
$162
$160
$145 $116
$136
$110 1
$203
$158
$61
Total Cost/Class
$25,0161
$5,184 1
$3,200 1
$0 1 $1,392 1
$2,720 1
$2,750 1
$2,436
$1,264
$610
Total Estimated Costs $44,572
Past Costs
Grand Total Costs $44,572
' Indirect rate used for calcu 164.84%
5/27/2009
DRAFT
EXHIBIT E
ESTIMATED SCHEDULE
LODI ENERGY CENTER
TASK SCHEDULE
Scoping Meeting between DTSC and Early August 2009
Proponent
Proponent submits Draft PEA Workplan
DTSC Provides Comments on Draft PEA
Workplan
Proponent submits Draft PEA Document
DTSC Provides Comments or Approval
on Draft PEA Document)
Proponent submits Draft RAW Document
DTSC provides Comments or Approval of
the Draft RAW
Proponent Submits Final Draft RAW (if
necessary) to address DTSC's Comments
DTSC approves Final Draft RAW and
initiates 30 -day public comment period for
Draft RAW and CEQA documentation
DTSC responds to public comments (if
any) and approves the Final RAW
August 14, 2009
September 11, 2009 (within 30 -days of
receipt of PEAWorkplan)
October 30, 2009 (within 51 -days of
receipt of DTSC's comments)
November 27, 2009 (within 30 -days of
receipt of Draft PEA Document)
December 11,2009 (15 days)
1/08/2010 (30 days)
1/29/2009 (15 days)
Within 45 days of receipt of Final Draft
RAW
Within 15 days of close of public comment
period
Proponent submits Implementation Report Within 30 days of completing fieldwork
DTSC reviews/approves Implementation Within 30 days of receiving
Report Implementation Report
Proponent reviews Draft Land Use Within 45 days of receiving Draft Land Use
Covenant and Operation & Maintenance Covenant and O&M Agreement
(0&M) Agreement
DTSC certifies Site Following DTSC approval of the RAW
Implementation Report, recording of the
Land Use Covenant, signature of the O&M
Agreement and preparation of the O&M
Plan (as required)
i*cI1:31aa
SUBMITTING PDF DOCUMENTS
LODI ENERGY CENTER
With the introductionof the Site Mitigation and Brownfields Reuse Program's(SMBRP's) database, EnviroStor,
the public can now download and view project related documents online. To provide the public with this vital
source of information, please provide a PDF copy of reports, even if a hard copy vui be supplied.
Due to differences in internet downloading capabilities and resolutions of PDF files, many users have trouble
downloading and viewing large PDF files. The following guidelines were created to provide consistency in PDF
files and allow most users to access these files.
1) File size: For each file that needs to be uploaded, the maximum file size should be kept to 8 megabytes
(MB). If you have a largefile, please save large color images(e.g., figures, site photos, maps) and
supplemental information (appendices) in separate PDF files. If using a scanner, the scanner resolution
should be no more than 200 dpi.
2) Saving and Naming PDF files: If you make any changes to a PDF file, always use the Save As option
instead of the Save option when saving. This will produce a smaller file size. R is recommended that the
files be named by using an abbreviated site name, report title, date, and, if multiplefiles are being uploaded,
the section of report (e.g., Site—report—section—mmddyy, 968-81 stAve_PEA_text_072706, etc).
3) Bookmarks: For large reports, bookmarks should be created in the PDF for ease of navigation. For help on
creating bookmarks, please refer to Adobe Acrobat Help.
4) FTP server: To submit large files or a group of files that cannot be sent via e-mail, they can be sent to a
DTSC staff member via the FTP serer. Below are the instructions to submit files via the FTP serer:
http:11www. )TSC FTP Re guests/index cfm
I. Provide Upload File Information Please provide information about yourself, the recipient, and the
name of the computerfile to be uploaded. This tells our system:
a. to expect and allow your file onto the FTP serer,
b. to whom the recipient is, and
c. to let the recipient know who sent the file
ii. Transfer the File: Once your information is provided in the first step, you have 60 minutes to send
your file to our serer. You will be provided with an FTP location after providing the information.
You will be notified upon the successful receipt or failure to receive your file.
For further assistance about submitting PDF files, please contact the appropriate Brownfieldsand
Environmental Restoration Program Project Manager, or the EnviroStor Help Desk at (916) 323-3400, Irby
email to Env1roStor0dtsc.ca.gov,