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27 BEFORE THE
COUNTY OF SAN BERNARDINO DEPARTMENT OF PUBLIC HEALTH,
DIVISION OF ENVIRONMENTAL HEALTH SERVICES,
LOCAL ENFORCEMENT AGENCY
In the Matter of:
WATERMAN LANDFILL
SWIS NO. 36-CR-0059
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NOTICE AND ORDER
NO. 24-001
PUBLIC RESOURCES CODE
§§44106, 45000, 45005, 45011, 45014,
45023, CALIFORNIA CODE OF
REGULATIONS, TITLE 14 §§18304,
18304.1
TO: ERNESTO SALINAS
CITY OF SAN BERNARDINO PUBLIC WORKS, OWNER/OPERATOR
WATERMAN LANDFILL
290 North D Street, San Bernardino, CA 92401
PLEASE TAKE NOTICE THAT:
WHEREAS, the WATERMAN LANDFILL ("Site"), a pre-regulation, closed disposal site, is located at E. Vanderbilt Way and S. Carnegie Ave., San Bernardino, CA 92418 (APN 028134104 and 028134110); and
WHEREAS, the Property Owner/Operator is legally the responsible party for the Site; and
WHEREAS, the San Bernardino County Department of Public Health, Division of Environmental Health Services is the Local Enforcement Agency (LEA) and has authority to act in the capacity as the enforcement agency and issue a Notice and Order for this Site pursuant to Public Resources Code (PRC) §43200 et seq. and the California Code of Regulations (CCR), Title 14, §18304, and is so acting; and
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27 WHEREAS, the City of San Bernardino (City) is the Owner/Operator of the pre- regulation, closed disposal site on said property designated as SWIS #36-CR-0059; and WHEREAS, this Site has been in violation of 27 CCR §20921 since the LEA issued a Notice of Violation (NOV) on December 7, 2017, for concentrations of methane gas migrating from the disposal site exceeding 5% by volume in air at the disposal site boundary (perimeter probe GP-5B) since March 2017; and
WHEREAS, on March 21, 2018, in response to the NOV issued, the City submitted a work plan to relocate perimeter monitoring well GP-5 to an area across the street, and installation of the replacement perimeter monitoring well GP-5R was completed on September 27, 2018.
WHEREAS, on October 18, 2018, the City notified the LEA of a concentration of methane at GP-5RB in excess of compliance requirements. The probe was tested by Tetra Tech on October 11, 2018, and methane was measured at 13.5% by volume.
WHEREAS, on December 5, 2018, the City submitted a remediation plan for well GP-5R to the LEA. The remediation plan consisted of four phases as follows:
1. Well inspection via downhole cam (conducted from April 3 through April 5, 2019)
2. Carbon dating of methane gas (sampled on April 4, 2019)
3. Landfill gas collection and treatment upgrades – vertical well installation/blower upgrade (completed week of July 13, 2020)
4. Vacuum curtain trench (this phase was not implemented) WHEREAS, the LEA continued to measure methane concentrations at probe GP-5R from 5% up to 12% by volume during quarterly inspections from August 19, 2020 through May 23, 2023. During that time period, there were several instances in which the LEA was unable to test GP-5R due to the presence of water within the well. The most recent reading obtained by the LEA for GR-5RB was 5.5% by volume on May 23, 2023.
WHEREAS, South Coast Air Quality Management District (SCAQMD) Rule 1150.1 Quarterly Monitoring Reports submitted to the LEA have shown that GP-5B has been measuring below 1% methane by volume since the City reinstituted testing the probe in Quarter 4 2021, and
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27 GP-5RB has been measuring up to 4.9% methane by volume as recently as Quarter 1 2023. The most recent SCAQMD Rule 1150.1 Quarterly Monitoring Reports submitted to the LEA for Quarter 1 2023 show GP-5B measured up to 0.4% methane by volume and GP-5RB measured 4.5% to 4.9% methane by volume. Quarter 2 monitoring reports were not submitted to the LEA for review.
WHEREAS, on September 21, 2021, the City submitted a workplan for the recommissioning of Probe GP-5 stating that GP-5 was now measuring lower methane concentrations than GP-5R (0% - 1.5% by vol at the time) and overwatering of the area surrounding GP-5R was causing high methane in GP-5RB (now mostly below 5% by vol).
On November 23, 2021, the LEA notified the City that the work plan would not be approved due to concerns with the high methane concentrations at GP-5R and further investigation into the cause of the gas was recommended. On April 20, 2022, the City responded to the work plan rejection by stating that Probe GP-5R was only installed due to the issues with GP-5 and it was now back in compliance, and the overwatering at GP-5R was which was causing the compliance issues was out of the City’s control.
WHEREAS, on July 21, 2022, CalRecycle conducted gas monitoring and sampling at the site and Ninyo & Moore began a Limited Historical Assessment of the Waterman Landfill. On January 19, 2023, the results of the historical study were presented to the City by representatives of CalRecycle and Ninyo & Moore. The results of the Limited Historical Assessment concluded that the actual boundaries of the Waterman Landfill are unclear; therefore, further testing must be conducted to properly delineate the boundaries of the landfill and to subsequently determine whether additional parties will be involved as property owners. Based on these findings, on February 6, 2023, the LEA sent a letter to the City upholding the rejection and requesting an updated workplan from the City.
On May 11, 2023, the City responded to the LEA’s letter stating that “Nothing suggests the City alone should be responsible for further testing to properly delineate the boundaries of the landfill and to subsequently determine whether additional parties will be involved as property
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27 owners. To the contrary, LEA, not the City, has the authority to require all landowners to investigate and remediate the site.”
WHEREAS, on November 2, 2023, the LEA responded to the City with the following requirements:
1. Submittal of construction records for all existing perimeter gas probes to the LEA
2. Further intrusive investigation of the current boundaries of Waterman Landfill and any other City-owned land adjacent to all other possible landowners
3. Characterization of any waste discovered during the intrusive investigation
4. Continue to address the high methane levels at GP-5R The LEA has offered to assist in the notification of any additional landowners based on the City’s findings and will amend this Notice and Order to include any additional landowners as they are identified.
NOW, THEREFORE, THE CITY OF SAN BERNARDINO IS ORDERED TO:
1. Submit an updated workplan to the LEA to reduce and maintain the methane concentration at all landfill perimeter gas probes to below the regulatory level of 5% by volume. Site will be considered in compliance after two continuous years of methane levels measuring below 5% by volume.
2. Submit construction records for all existing perimeter gas probes to the LEA.
3. Conduct an intrusive investigation of the current boundaries of the Waterman Landfill and any other City-owned land adjacent to all other possible landowners in order to determine the limits of waste. A work plan must be submitted prior to the investigation to the LEA for review and approval.
4. Characterize any waste discovered during the intrusive investigation.
The City of San Bernardino shall submit a compliance schedule to the LEA within 60 days from the date of this Order. The compliance schedule shall include a plan of action and completion dates for each of the above required items.
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27 PLEASE TAKE NOTICE THAT PURSUANT TO PRC SECTIONS 45010.1, 45011, 45014, 45023, and 45024 if the above actions are not completed or complied with by the specified dates, the LEA may:
1. Impose administrative civil penalties in an amount not to exceed $5,000 for each violation, for each day the violation continues. [PRC §45010.1]
2. Impose administrative civil penalties in an amount not to exceed $5,000 per day for each day the Site fails to achieve compliance with the time frames specified above. [PRC §45011]
3. Petition the superior court for injunctive relief to enforce this Notice and Order. [PRC §45014].
4. Petition the superior court for civil penalties in an amount not to exceed $10,000 per day for each violation. [PRC §§45023 and 45024]
In the event the Owner/Operator cannot complete the above specified activities within the specified time frames due to adverse weather or other factors not in the control of the owner or operator, then the LEA may extend the time frames based upon those specific factors provided by the owner or operator in writing. Any such extension to the time frames or other amendment to this Notice and Order shall be in the form of an Amended Notice and Order.
Nothing in this Notice and Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations. Notwithstanding compliance with the terms of this Notice and Order, the owner and operator may be required to take further actions as necessary to protect the public health, safety, or the environment.
The LEA shall not be liable for injuries or damages to persons or property resulting from acts or omissions by the owner or operator or related parties in carrying out activities pursuant to this Notice and Order, nor shall the LEA be held as a party to any contract entered into by the owner or operator or their agent(s) in carrying out activities pursuant to this Notice and Order.
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27 This Notice and Order does not relieve the Owner/Operator from complying with all other local, state, and federal requirements, nor does it preclude the LEA from taking any and all other actions allowed by law.
This Notice and Order is supported by the accompanying declaration of Lourdes Laninovich, Environmental Health Specialist II. This Notice and Order may only be amended in writing by an appropriate representative of the LEA.
PLEASE TAKE NOTICE THAT:
1. The Owner/Operator has the right to appeal this Notice and Order to the Hearing Panel. [PRC §44307]
2. Should the Owner/Operator wish to appeal this Notice and Order to the Hearing Panel, the Owner/Operator must do so by submitting a written request for a hearing to the undersigned, together with a statement of issues on which the appeal is based, within 15 days from the date this Notice and Order is received. [PRC §44310]
3. An appeal of this Notice and Order does not stay the effect of any provision of this Notice and Order; however, you may petition the Director of CalRecycle, in writing, to stay the effect of this Notice and Order, or portion thereof, pending the completion of your administrative appeals. [PRC §45017]
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27 This Notice and Order is issued as of the date set forth below.
Dated: 8/28/24
David Alaniz, Program Manager
Land Use Protection Program
385 N. Arrowhead Ave., 2nd Floor
San Bernardino, CA 92415
DECLARATION IN SUPPORT OF NOTICE AND ORDER
I, Lourdes Laninovich, declare under penalty of perjury that the following is true and correct:
1. I am duly employed as an Environmental Health Specialist II, for San Bernardino County, Department of Public Health, Division of Environmental Health Services.
2. The violations of the foregoing Notice and Order are known to me to be correct, based on my personal knowledge and records of inspections conducted at the Waterman Landfill since March 2017.
Dated: 8/28/24
Lourdes Laninovich, LEA
Land Use Protection Program