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Staff Report

Commerce City Council
August 9, 2022

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Staff Report
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August 9, 2022
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Commerce City Council
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CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT

CITY OF COMMERCE

AGENDA REPORT

CITY OF COMMERCE

AGENDA REPORT
Item No. Item No.

Item No.

Item No.

TO: Honorable City Council
FROM: City Manager
SUBJECT: Exide Cleanup Activities Update
Meeting Date: August 9, 2022
RECOMMENDATION:

The City Council to receive and file an update regarding Exide cleanup activities.

BACKGROUND:

The Exide Technologies Inc. Recycling Plant located at 2700 South Indiana Avenue in the City of Vernon was in operation for numerous years. It was a lead-acid battery recycling facility that specialized in the melting and processing of battery cores. In April 2013, the Department of Toxic Substances Control (DTSC) suspended Exide’s operations in the City of Vernon and revoked operation permits after receiving concerning reports regarding airborne emissions from Exide’s operations and ongoing subsurface releases from degraded underground pipes. DTSC concluded that Exide was releasing hazardous waste into the soil, including the soil of surrounding communities.

In March 2015, the United States Department of Justice and Exide reached an agreement requiring Exide to permanently cease operations and close the facility.

On September 8, 2015, the City Council received a report from DTSC on the expanded area of study that may have been impacted, which expanded to a 1.7-mile radius of the former Exide facility referred to as the “Preliminary Investigation Area” (PIA). The enlarged area of study encompassed the western portion of the City of Commerce known as the Bristow and Bandini neighborhoods.

On February 3, 2016 the DTSC provided a presentation and held a public hearing in City of Commerce’s Council Chambers to accept comments on Exide’s Draft Closure Plan and DTSC’s Draft Environmental Impact Report (EIR).

On April 20, 2016, the State of California appropriated $176.6 million from the state general fund to DTSC to sample and cleanup qualifying lead-impacted residential properties, schools, parks, day care centers, and childcare facilities within a 1.7-mile radius from the former Exide facility.

ANALYSIS:

On January 17, 2017, DTSC presented information to the City regarding results of soils testing and plans for clean-up, public information meetings held in Commerce, the release of the draft EIR and draft Remedial Action Plan (RAP), and their public comment period schedule.

In July 2017, DTSC released its Cleanup Plan and Final EIR for cleaning up properties in the surrounding 1.7-mile radius area as shown in the attached map. DTSC conducted public outreach to the affected properties with letters mailed to the property owner, held community meetings and conducted site visits to the properties. DTSC secured signed Access Agreements from property owners in order to test and schedule the remediation work in front yards. Property owners were given a few options to select from a pre-established template of finished landscapes that would be installed by DTSC contractors. DTSC established an Exide Cleanup Hotline (844-225-3887) for inquiries and clean-up updates and operates from an office located at 5796 Corporate Ave Cypress, CA 90630 after their Commerce Satellite Office was relocated due to building sale.

On December 17, 2019, City of Commerce City Council approved and adopted a Memorandum of Understanding (MOU) between City of Commerce and the County of Los Angeles for Lead-Based Hazard Mitigation Program Management Services – EXIDE Area Program. Los Angeles County Development Authority (LACDA) established the Lead Paint Safe Program for assistance with lead mitigation services for homes within the cities of Commerce, Bell, Maywood, Huntington Park, Los Angeles, Vernon, and unincorporated areas of East Los Angeles. The program included activities such as repairing and painting damaged interior and/or exterior of residences, replacing windows and doors, and other related repairs. The activities performed for this program were coordinated by DTSC to ensure properties are targeted for enrollment after completion of the soil removal and mitigation activities.

In March 2020, residential cleanups were paused in order to assess health and safety issues relating to in-person soil testing and cleanups due to the pandemic. On May 18, 2020, field work resumed slowly with five crews working on cleanups in the affected jurisdictions with revised Health and Safety Plans. By June 2020, the number of crews working on residential cleanup activities returned to the full scale program of twenty crews. Lead Paint Safe Program for lead hazard remediation in the Exide PIA paused in March 2020 due to the pandemic and resumed in April 2021.

DTSC determined the highest levels of lead in soil posing the greatest risk of exposure, which affect children and the elderly in proportionately higher numbers. As a result, DTSC focused early cleanup activities on children and as of February 2022, completed all schools, parks, and daycares requiring cleanup in the Exide PIA.

As for the City of Commerce’s residential units, DTSC has now conducted the following activities in the City, as of July, 2022:

Number of Parcels
Sampled
808
Prioritized for cleanup
475
Cleaned and completed
318
Prioritized parcels remaining needing cleanup
157
Lower priority properties may be revisited depending on funding availability. DTSC will update jurisdictions of any plans to address the lower priority properties in the future following completed cleanup of all high priority properties.

DTSC plans to continue cleanup of properties within the PIA through 2024. Additional budget considerations for both State and Federal funding are actively being pursued. They are currently averaging cleanup of 80 properties per month within the entire PIA. DTSC continues to conduct bi-weekly local government video calls with city staff to provide progress updates and address any questions or concerns from impacted jurisdictions. All updates related to Exide Cleanup can be found at dtsc.ca.gov/exide-home which includes an Interactive Exide Cleanup Map.

ALTERNATIVES:

Approve staff recommendation and receive and file the update report.

Disapprove staff recommendation
Provide further direction to staff.

FISCAL IMPACT:

There is no fiscal impact.

RELATIONSHIP TO STRATEGIC GOALS:

This agenda item relates to the 2016 Strategic Plan
Community Quality of Life – Guiding Principle #5
Foster environmentally conscious initiatives and continue to identify and develop City codes that support a clean, well-maintained, sustainable community.

Prepared by: Andrew Caraveo, Acting Environmental Coordinator Reviewed by: Gina Nila, Acting Director of Public Works Reviewed by: Vilko Domic, Assistant City Manager
Approved as to form: Noel Tapia
Respectfully submitted: Edgar Cisneros, City Manager
Attachments: Access Agreement
Exide clean-up area map

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