City Council Agenda Report
October 15, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Jacqueline Koontz, P.E., Senior Civil Engineer
SUBJECT: RESOLUTION NO. 24-53 – AGREEMENT FOR ASSIGNMENT OF A NON-
CONSUMPTIVE WATER USE PERMIT TO THE UNITED STATES DEFENSE
LOGISTICS AGENCY - ENERGY FOR GROUNDWATER CLEANUP AT THE
NORWALK TANK FARM
Background:
The City received a request from the Water Replenishment District (WRD) for a Non- Consumptive Water Use Permit (NCWUP) related to their groundwater cleanup program. The WRD has the authority to issue pumping right exemptions under a NCWUP to water purveyors in the Central Basin for groundwater treatment programs that remedy groundwater contamination and do not put the treated water to beneficial use. Groundwater pumped under a NCWUP will not count against the City’s water rights. This authority is described in Section II1.B.7 of the Central Basin Third Amended Judgment (Judgment).
The former Defense Fuel Support Point – Norwalk, also called the Norwalk Tank Farm (Site) is located at 15306 Norwalk Boulevard. Aboveground storage tanks were previously used at the site to store and distribute jet fuel to military installations in the western United States. Santa Fe Pacific Pipeline, L.P. (SFPP), a subsidiary of Kinder Morgan, Inc. leases an easement on the Site that includes pipelines for conveying fuels. Under the clean-up orders and oversight of the Los Angeles Regional Water Quality Control Board, the United States Defense Logistics Agency - Energy (DLA-Energy) and SFPP have been performing ongoing environmental remediation at the Site which includes remediation and treatment of contaminated groundwater and soil. The primary chemicals of concern at the Site include petroleum hydrocarbons (fuel products), benzene, methyl tertiary butyl ether (MTBE), tertiary butyl alcohol (TBA), and 1,2-dichloroethane (1,2-DCA).
City Council October 15, 2024
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In June 2019, the WRD Board of Directors granted a NCWUP (Resolution No. 19-1098) for assignment to DLA-Energy by the City for the extraction of up to 14 acre-feet per year by DLA- Energy for remediation at the Site. The 5-year term of the NCWUP (Resolution No. 19-1098) expired on February 2, 2024. WRD received an application for a renewal NCWUP from Apex Companies on behalf of DLA-Energy in April 2024 to continue their remediation activities.
The City is not a responsible party, partner, or participant in the clean-up effort by DLA- Energy. However, since DLA-Energy is not a party to the Judgment, a party needs to petition for the NCWUP and then assign it to DLA-Energy. The City is a party with water rights in the Central Basin and has previously entered into agreements and assigned the NCWUP to DLA- Energy. This has allowed DLA-Energy to extract groundwater for their remediation project. If approved by City Council, the WRD Board will adopt a resolution to issue a pumping rights exemption.
The renewed NCWUP would be granted for an additional five years with pumping not to exceed
57.5 acre feet for the five-year period (11.5 acre feet per year). The conditions of this project are consistent with the criteria outlined in Section 111.B.7 of the Judgment, City Resolution No. 24- 53, agreement for assignment of NCWUP, and a forthcoming WRD resolution (Resolution No. 24-1228).
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council:
a. adopt 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; and
b. approve an agreement with Defense Logistics Agency – Energy, for Assignment of a Non- Consumptive Water Use Permit, and authorize the City Manager to execute the agreement, for Assignment of a Non-Consumptive Water Use Permit, and any amendments, on behalf of the City, in a form approved by the City Attorney.
City Council October 15, 2024
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Attachments:
Resolution No. 24-53