RESOLUTION NO. 24-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
APPROVING A NON-CONSUMPTIVE WATER USE PERMIT FOR
GROUNDWATER CLEANUP IN THE CITY OF NORWALK AT THE
NORWALK TANK FARM SITE FOR THE UNITED STATES DEFENSE
LOGISTICS AGENCY - ENERGY
WHEREAS, Norwalk maintains groundwater rights in the Central Groundwater Basin pursuant to the Judgment entered in Central and West Basin Water Replenishment District, et al. v. Adams, et al., LASC Case No. 786656 (the “Judgment”); and WHEREAS, the United States Defense Logistics Agency - Energy (DLA Energy), is not a party to the Judgment, yet is carrying out a groundwater clean-up effort at the former Defense Fuel Support Point – Norwalk, also known as the “Norwalk Tank Farm”, (Site) located at 15306 Norwalk Boulevard, Norwalk, California, to address a problem where soil and groundwater has been contaminated with petroleum hydrocarbons (fuel products), benzene, methyl tertiary butyl ether (MTBE), tertiary butyl alcohol (TBA), and 1,2-dichloroethane (1,2-DCA); and
WHEREAS, the City of Norwalk (City) is not in any manner affiliated with or a responsible party, partner, or participant in the clean-up effort by DLA Energy; and WHEREAS, the City and DLA Energy recognize that DLA Energy clean-up project at the Site is intended to remedy or ameliorate soil and groundwater contamination in the Central Groundwater Basin; and
WHEREAS, Section III(B)(7) of the Judgment allows the Water Replenishment District of Southern California (“WRD”) to issue a Non-Consumptive Water Use Permit (“Permit”), upon certain terms and conditions, to a party to the Judgment so that groundwater extractions by an operator of a groundwater clean-up project are not debited against the adjudicated rights of any party to the Judgment; and WHEREAS, the WRD will grant a Permit to DLA Energy pursuant to a WRD Board approved resolution, the force and effect of which is expressly conditioned upon the City’s assignment of its rights under the Permit to DLA Energy in accordance with the terms and conditions of the Permit; and
WHEREAS, the City and DLA Energy desire to enter into an Agreement for Assignment of a Non-consumptive Water Use Permit (Agreement) whereby the City agrees to assign its rights to extract groundwater pursuant to the Permit to DLA Energy for use by DLA Energy in carrying out its clean-up project at the Site; and WHEREAS, the Permit and the Agreement will be granted for five years with pumping not to exceed 57.5 acre feet for the five-year period (11.5 acre feet per year), and the conditions of this project are consistent with the criteria outlined in Section 111.B.7 of the Judgment, the Permit, the Agreement, this resolution, and a forthcoming WRD Board approved resolution (Resolution No. 24-1228).
Resolution No. 24-53 Page 2 of 2
3 1
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.The City Manager is authorized to execute, or approve, all documents necessary to obtain a Non-Consumptive Water Use Permit for the groundwater clean-up project at the former Defense Fuel Support Point – Norwalk, also known as the “Norwalk Tank Farm” site, and to execute an Agreement for Assignment of a Non-Consumptive Water Use Permit with the United States Defense Logistics Agency - Energy; and any amendments, on behalf of the City, in a form approved by the City Attorney.
Section 2. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
APPROVED AND ADOPTED on this 15th day of October 2024.
MARGARITA L. RIOS
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK