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RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA IN SUPPORT OF THE COMMUNITY CLEANUP PLAN FOR THE
UNITED HECKATHORN SUPERFUND SITE
WHEREAS, Richmond is an environmental justice community where residents already face disproportionate environmental health burdens and nearly 15%1 of residents live below the poverty line and approximately 80%2 of residents identify as people of color; and WHEREAS, the United Heckathorn Superfund Site spans 20 acres in the Richmond Inner Harbor—five acres of land and 15 acres of marine sediments in the Lauritzen Channel and Parr Canal—and has been listed on the National Priorities List since 1990 due to severe contamination by DDT and dieldrin, both classified as probable human carcinogens by the U.S.
Environmental Protection Agency (EPA); and
WHEREAS, from 1944 to 1966, chemical companies operating at the site formulated, packaged, and shipped pesticides including DDT and dieldrin in the Lauritzen, Parr, and Santa Fe Channels, routinely allowing pesticide spillage, wash water, and residues to drain into the channel and seep into the ground, leaving behind toxic contamination that has persisted for more than 80 years; and
WHEREAS, the U.S. EPA performed a cleanup at the site in the mid-1990s, yet that cleanup failed almost from the start due to a flawed cleanup plan, inadequate oversight and quality control, and minimal community involvement, with DDT and dieldrin continuing to leach into the marine environment for over 30 years since; and
WHEREAS, U.S. EPA's own monitoring data confirms the marine portion of the site is not protective of human health and the environment, with DDT and dieldrin concentrations in Lauritzen Channel sediment, surface water, and marine organism tissue regularly exceeding cleanup goal levels since 1999—including at levels up to 3,800 times higher3 than acceptable standards at mid-channel locations—and fish from the channel show DDT levels hundreds of times higher4 than those caught elsewhere in San Francisco Bay, prompting an updated 'Do Not Eat' fish advisory in 2011 from California's Office of Environmental Health Hazards Assessment5 that is not enforceable, nor is voluntary compliance being monitored; and WHEREAS, DDT and dieldrin are associated with liver cancer, premature birth, respiratory illness, and type 2 diabetes in humans, and cause severe harm to the nervous system, liver, and reproductive health of marine life and wildlife; and Richmond’s residents, already burdened by elevated levels of asthma, cardiovascular disease, and other pollution-related illnesses, cannot afford to absorb yet another generation of harm from contamination that responsible parties and federal agencies are legally obligated to fully remediate; and WHEREAS, the U.S. EPA has been developing a second cleanup plan since 2012—for more than 13 years—while contamination has worsened; and
WHEREAS, the U.S. EPA has stated it will not share its cleanup options prior to the formal public comment period, contradicting the agency's own public participation policies requiring meaningful community involvement during the planning process; and WHEREAS intermittent seeps and groundwater intrusion have been identified as ongoing sources of DDT contamination re-entering the Lauritzen Channel, a contamination pathway that must be permanently addressed in any new cleanup plan to prevent the need for a third cleanup in the future for the marine area; and
WHEREAS, climate change presents additional and growing risks to the site, including accelerated erosion of the upland area that could stir up contaminated sediment, overwhelm storm drains, and spread contamination further into San Francisco Bay, while sea level rise and groundwater rise—critical factors not considered in the mid-1990s cleanup—pose a long-term threat to the integrity of any remedy that leaves contaminated material in place; and
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WHEREAS, the Richmond Shoreline Alliance, SF Baykeeper, and the Sierra Club SF Bay Chapter developed a Community Cleanup Plan calling for: (1) isolation and draining of the Lauritzen Channel for relatively dry-condition excavation; (2) complete removal of all materials (pile supported structures/wharfs, pilings, rip-rap materials and debris, contaminated sediment, contaminated soil from the channel sidewalls and upland areas), (3) a comprehensive contaminated groundwater collection and treatment system, (4) offsite disposal of all contaminated materials, (5) a rigorous post-cleanup monitoring program; and WHEREAS, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Responsible Parties are mandated to cover all costs associated with cleanup of Superfund sites, including labor costs for workers affected by any necessary work stoppages during the remediation process, and workers who rely on employment at affected businesses should be fairly compensated during any period their work is halted as part of the cleanup; and WHEREAS, a complete cleanup of the site will open new opportunities for beneficial reuse of the site and Port of Richmond property, supporting the City's economic and community development goals, and delivering the environmental and economic benefits that Richmond residents have long been promised and repeatedly denied; and WHEREAS, the City of Richmond has a long-standing commitment to environmental justice, public health, and the protection of its waterways, and has previously worked with U.S. EPA on community engagement for this site since January 2012.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Richmond hereby endorses and supports the Community Cleanup Plan for the United Heckathorn Superfund Site developed by the Richmond Shoreline Alliance, SF Baykeeper, and Sierra Club SF Bay Chapter, and calls upon the U.S. Environmental Protection Agency to adopt a final cleanup remedy that is fully consistent with the goals and standards set forth in that Community Cleanup Plan; and
BE IT FURTHER RESOLVED, that the City Council of the City of Richmond calls upon the U.S. EPA to ensure meaningful, early, and ongoing involvement of Richmond community members, especially residents of color, low-income households, and subsistence fishers most directly harmed by site contamination, in the development and implementation of the final cleanup plan, consistent with the agency's own public participation policies, and to share preliminary cleanup options with the community prior to the formal public comment period; and BE IT FURTHER RESOLVED, that the City Council of the City of Richmond urges the U.S.
EPA to issue its proposed cleanup plan without further delay and to select a remedy that fully removes all sources of DDT and dieldrin contamination, including pilings, rip-rap materials and debris, sediment, sidewall and upland area soil, and includes a comprehensive contaminated groundwater collection and treatment system, accounts for climate change and sea level rise, requires Responsible Parties to cover all costs including fair compensation for workers affected by work stoppages, and provides for rigorous post-cleanup monitoring to confirm long-term effectiveness; and
BE IT FINALLY RESOLVED, that a copy of this resolution shall be transmitted to the Regional Administrator of U.S. EPA Region 9, the California Department of Toxic Substances Control, the California Governor's Office, the respective offices of the U.S. Senators for California, the U.S. House Representative for Richmond, California, California State Senator, State Representative, and County Supervisor where the United Heckathorn site is located.
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***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:
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AYES: AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.
_______________________________________
Pamela Christian, Clerk of the City of Richmond