Attachement 2 - Waterman Landfill - Intrusive Waste Limits Investigation and Waste Characterization Work Plan - 03-13-2025

Tetra Tech BAS, Inc.
21700 Copley Drive, Suite 200, Diamond Bar, CA 91765
Tel 909.860.7777 tetratech.com
March 13, 2025

Mr. Noah Westbury, MPA, REHS
Supervising Environmental Health Specialist
Department of Public Health
Division of Environmental Health Services
385 N. Arrowhead Avenue, 2nd Floor
San Bernardino, CA 92415
RE: Submittal of Intrusive Waste Limits Investigation and Waste Characterization Work Plan at the Waterman Landfill (SWIS No. 36-CR-0059) in San Bernardino, CA - Notice and Order No. 24-001 Dated August 28, 2024
Dear Mr. Westbury,
Tetra Tech has prepared this Intrusive Waste Limits Investigation and Waste Characterization Work Plan (Work Plan), on behalf of the City of San Bernardino (City) who is the Owner/Operator of the pre- regulations, closed Waterman Landfill (Site) with Solid Waste Information System (SWIS) Number 36-CR- 0059. This Work Plan was developed in response to the San Bernardino County Department of Public Health Division of Environmental Health Services’ Notice and Order (N&O) Number 24-001, dated August 28, 2024. The N&O stipulates that the City of San Bernardino conduct an intrusive investigation of the current boundaries of the Waterman Landfill and any other City-owned land adjacent to all other possible landowners to determine the limits of waste and to characterize any waste discovered during the intrusive investigation. This Work Plan has been prepared for the Local Enforcement Agency (LEA) review and approval prior to the field investigation taking place.

1.0 City of San Bernardino Owned Land
The intrusive waste limits investigation will be performed only within land owned by the City. The City owned land and right of way are marked on Attachment 1. The intrusive waste limits investigation will extend into Vanderbilt Way and Carnegie Drive as these streets are owned and maintained by the City.

The intrusive waste limits investigation will not extend into the Flood Control Right of Way north of the Site as this land is owned by the San Bernardino County Flood Control District.

2.0 Background
According to previous waste characterization studies at this landfill, including the Limited Historical Assessment Report prepared by Ninyo & Moore on behalf of California's Department of Resources Recycling and Recovery (CalRecycle) in 2022, the refuse is composed of mostly construction debris and municipal solid waste. Refuse was placed by excavation of 20 to 25 foot deep trenches, with soil borrow reused as cover material. Existing soil cover is estimated at 6 to 14 feet thick. The landfill may contain highly variable mixtures of refuse and soil based on waste characterization studies between 1981 and 1985. A waste characterization study completed in 1987 concluded that there was no evidence of disposal of industrial hazardous waste at the site. The 1995 Closure and Post-Closure Maintenance Plan for a Portion of the Inactive Waterman Landfill, prepared by SCS Engineers, stated that the landfill originally occupied approximately 30 acres. In late 1983 and early 1984, the southern 6 acres of the original landfill site were removed and replaced with compacted soil fill. The specific limits of the 6 acres Mr. Noah Westbury, MPA, REHS
RE: Submittal of Intrusive Waste Limits Investigation and Waste Characterization Work Plan at the Waterman Landfill (SWIS No. 36-CR-0059) in San Bernardino, CA - Notice and Order No. 24-001

March 13, 2025

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that was subject to refuse removal is unclear. However, it is understood that the refuse under what is now the Fire Station building footprint was removed prior to the Fire Station being built. Based on background information and historical imagery, it is suspected that the landfill waste footprint extends north, south, and west of the current Site property boundaries. A small portion of the parking lot east of the landfill is thought to sit within the landfill waste limits. The closed Blackland Landfill (36-CR-0070) is located just west of the Waterman Landfill. According to previous reports, there are City records listing the Blackland Landfill as being clean closed. However, there have been no documents found indicating specific limits of the Blackland Landfill waste removal and clean closure, and the Site is not recognized as clean closed by CalRecycle. An interim probe network was installed around the presumed landfill boundary after closure for waste acceptance with additional cover improvements being performed in 1985. The current probe network was installed in 2003 concurrent with construction of the Landfill Gas Collection and Control System (LFGCCS) and final cover. Construction was completed in 2005. Additional monitoring probes and landfill gas extraction wells have been added since initial construction in order to increase the effectiveness of the monitoring network and provide additional methane mitigation.

In addition, on March 16, 2018, Southwest Geophysics, Inc. conducted a geophysical survey along the southern boundary of the site to assess the extent of waste limits (Ninyo & Moore, 2022). The investigation employed an electromagnetic survey to identify subsurface anomalies that could indicate the presence of waste. However, the presence of surface and buried utilities near East Carnegie Drive interfered with the signal responses during the investigation. As a result, the findings of the geophysical survey were deemed inconclusive in determining the southern extent of the waste limits. Nevertheless, recommendations were made to further investigate the area through trench excavation and/or drilling methods.

Additionally, per the 2022 Limited Historical Assessment Report conducted by Ninyo & Moore:

1. “Available background information collectively suggests that the lateral extent of wastes at the Waterman Landfill does not appear to be consistent and more importantly adequately delineated and the basis for the currently assumed lateral extent of the wastes is unexplained and appears to be based in part on land parcels. It appears that wastes extend beyond the assumed waste disposal site as indicated in the SWIS database and background documents”.

2. “Based on available information, it appears that the lateral (and vertical) extent of the Blackland/Waterman landfill has not been adequately delineated. Background information, particularly review and interpretation of the historical aerial photographs suggests wastes extend beyond the currently assumed lateral extent of the Waterman Landfill-north and -south”.

3. “Review and interpretation of historical aerial photographs and field observations of the pavement in the parking lot area “South of Carnegie Drive” suggest wastes extend an unknown distance south of Waterman Landfill. This may explain the elevated methane gas concentrations at LFG well GP-5R which may be related to the presence of wastes in this area; however, the boring log for the well did not indicate the presence of wastes”. Based on the information, further testing must be conducted to determine if the probe should be considered a compliance probe.

It should be noted that the 2022 Limited Historical Assessment Report conducted by Ninyo & Moore addresses the entire landfill and was not limited to City owned property. It should be further noted that per the LEA approved Compliance Schedule, a separate Final Probe Mitigation Work Plan will be submitted to address issues related to the landfill gas perimeter probe monitoring network. The Final Probe Mitigation Work Plan will be submitted under a separate cover once this intrusive waste limits investigation is completed.

Mr. Noah Westbury, MPA, REHS
RE: Submittal of Intrusive Waste Limits Investigation and Waste Characterization Work Plan at the Waterman Landfill (SWIS No. 36-CR-0059) in San Bernardino, CA - Notice and Order No. 24-001

March 13, 2025

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3.0 Field Investigation
In order to determine the limits of waste within City owned property, field investigation activities will include a geophysical survey, a perimeter trenching survey and drilling of exploratory borings.

Given the available historical records and the results of previous investigations, the limits of waste are likely to coincide closely with the west, north and east property boundaries of assessors parcels 028134104 and 028134110 as shown on Attachment 1 and 2. Although, it is possible that the waste may extend beyond these limits onto adjacent non-City owned parcels. To the south, the waste limits are less clearly understood, and although the southern waste boundary has historically been depicted as being within the limits of assessors parcels 028134104 and 028134110, there is the possibility that it could extend beneath and laterally beyond the Carnegie Drive and/or Vanderbilt Way, both of which are owned by the City. A combination of geophysical survey and exploratory trenches is considered the optimal method to define waste limits along the perimeter of parcels 028134104 and 028134110 where there is less concern regarding the presence of underground utilities. However, given the inherent concerns regarding the variety of underground utilities beneath the rights-of-way for Carnegie Drive and Vanderbilt Way, exploratory borings will be used as the primary exploratory tool in these areas.

3.1 Pre-Field Activities
Prior to initiation of any intrusive field activities:
• A site-specific health and safety plan will be prepared, identifying potential site and investigation related hazards, and associated mitigation measures;
• Property boundaries will be marked in the field through survey; • Underground Service Alert will be notified and all trenching and drilling locations marked; • A geophysical survey will be conducted at boring locations to ensure each location is clear of any underground utilities;
• Any necessary Right-of-Way and Encroachment permits will be obtained from the City; and • A traffic control plan will be prepared for work occurring within the street.

3.2 Geophysical Survey
Based on a review of the boring logs related to the drilling activities for the installation of landfill gas extraction wells and perimeter gas probes. The cover material primarily consists of imported clay, which is underlain by a silty sand mixed with waste materials such as wood, plastic, and paper. Typically, clay-rich materials yield higher conductivity, while waste materials like wood, plastic, and paper intermixed with silty sand tend to produce lower conductivity responses. Given the characteristics of the underlying materials at the site, a licensed geophysicist will conduct a geophysical survey using a Geonics EM-31 terrain conductivity meter (EM-31) to delineate the extent of waste limits along the northern and eastern property boundaries.

A maximum of five transects, each 300 linear feet long, will be established at six-foot intervals in a diagonal pattern traversing along the northern and eastern property boundaries. Each transect will feature 50 transmitter coils that induce circular eddy currents, generating a magnetic field in the subsurface related to conductivity. The EM-31 equipment will be calibrated by establishing a transect in an area known to contain waste or in a location confirmed to be free of waste.

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The geophysicist will produce a report detailing the findings, including figures that illustrate conductivity values associated with both cover and waste materials. The results of the geophysical survey will be validated through subsequent excavation activities. Transects will not be established along the western property line due to potential interference from the metal chain link fence.

3.3 Exploratory Trenching
Exploratory trenches will be excavated perpendicular to the currently estimated limits of waste, and/or property limits, where appropriate. Proposed trench locations are shown on Attachment 2. Locations shown are preliminary and may be adjusted in the field based on conditions encountered. Trenching will be performed with a standard backhoe or excavator and will begin within 10 feet of the currently estimated limits of waste or property limits, proceeding inward or outward from the initial location depending on the materials encountered. Trenches will be 2 feet wide and have a maximum depth of 16 ft bgs (cover thickness is estimated to be 6 to 14 feet) and be excavated to a maximum of length of 20 feet. No trench will extend beyond the City’s property boundary. Once encountered, waste will be photo documented, and a description of the material entered into the trench/excavation log. Other than for logging purposes, no waste will be disturbed, and no trench excavations will extend vertically into the waste mass. Waste materials in the trenching bucket, after logging, will be placed back at the base of the trench as backfill. Clean soil and/or clean overburden soil will be stockpiled separately from any encountered waste materials. Trench backfill material will be compacted with the backhoe bucket. The surface of the trenched area will be restored to its original condition. Trench limits will be marked upon backfilling and all locations surveyed upon completion of field activities. Subsurface conditions encountered during trenching will be logged by a geologist using the Unified Soil Classification System [USCS (ASTM Method D2488)].

3.4 Exploratory Borings
Exploratory borings will be drilled within the rights-of-way of Carnegie Drive and Vanderbilt Way as necessary given the results of the trenching activities (see Attachment 2). These borings will be drilled to the depth at which waste is encountered or a maximum depth of 25 feet. A hollow-stem auger drill rig equipped with 8-inch hollow-stem augers will be used to advance boreholes into the subsurface. A split spoon sampler will be used during auger advancement to collect a continuous core for borehole logging.

The locations shown on Attachment 2 may be adjusted in the field based on field conditions encountered, the presence of underground utilities, permit restrictions and/or the results of previously placed trenches and boreholes. Step-in and step-out borings will be drilled five to ten feet from the initial boring depending on whether waste is identified at a particular location. No borings will be drilled beyond the limits of the City owned property. Subsurface conditions encountered during drilling will be logged by a geologist using the Unified Soil Classification System [USCS (ASTM Method D2488)]. All borings shall be backfilled with bentonite/cement material and temporarily repaired with asphalt cold patch until final street repairs are performed and overseen by the City.

3.5 Waste Characterization
Any waste encountered during exploratory trenching and boring activities will be visually characterized and logged by a geologist. Waste encountered during the drilling of exploratory borings will be placed in 55-gallon drums for disposal at a local landfill. Analytical testing of encountered waste and/or drill cuttings will be performed only as needed to facilitate off-site disposal.

4.0 Reporting
Upon completion of field activities and receipt of associated data, a Report of Findings will be prepared for submittal to the LEA. The report will include the following:
• A historical background of the site and objectives/goals; • A narrative description of the field activities performed and any deviations from the planned activities described in the work plan;
• A summary of the findings of the Intrusive Waste Limits Investigation and conclusions regarding whether the goals of the investigation have been met;
• A scaled site map showing previous and current investigation trenches, borings and probe locations;
• A scaled site map showing the lateral limits of waste (if identified), at least within the limits of City property; and
• Trench logs and boring logs.

In the meantime, if you have further concerns or comments, please contact the undersigned at [email protected] or (951) 836-0025.

Sincerely,
Sami H Ayass, P.E.

Director, Engineering and Field Services
Methane Gas Group
Tetra Tech
cc: Ms. Lourdes Laninovich, LEA
Lynn Merrill, City of San Bernardino
Ernesto Salinas, City of San Bernardino
Matthew Fisher, City of San Bernardino
Ghassan Andraos, Tetra Tech
Paul Stout, P.E., Tetra Tech
Sam AbuShaban, P.E., Tetra Tech
Yousef Ibrahim, Tetra Tech
Kendra Kent, Tetra Tech
Attachments: Attachment 1 – City of San Bernardino Owned Land (Property Maps) Attachment 2 – Waterman Landfill – Proposed Trenching and Boring Locations Attachment 3 – LEA Letter – Waterman Landfill (SWIS No. 36-CR-0059) Compliance Schedule Approval
Attachment 4 – Waterman Landfill – Notice and Order, Dated August 28, 2024

ATTACHMENT 1: CITY OF SAN BERNARDINO OWNED LAND
(PROPERTY MAPS)

CITY OF SAN BERNARDINO
OWNED/MAINTAINED PROPERTY
LEGEND
ATTACHMENT 1
ATTACHMENT 1

ATTACHMENT 2: WATERMAN LANDFILL – PROPOSED TRENCHING AND

BORING LOCATIONS

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EXISTING CARNEGIE BUSINESSCENTER ONE (CBC)636 E. BRIER DRIVE BRIDRI
CER

T WAY
#14#18#19#17#15#16#8 #11#9#7#10#4#2#3 #13#6
#1#32#33
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#28#5#12#30#29#31
#49#48
#39#38#50#37#43#34#35#36
#45#46#47#40#41#42LANDFILL GASTREATMENTFACILITY
353'
316'
658'
659'
715'
332'GP-4 A/BGP-5R A/B
GP-6 A/B
GP-8 A/B
( IN FEET )GRAPHIC SCALE0306060120
N
21700 Copley Drive, Suite 200Diamond Bar, CA 91765 TEL 909.860.7777 FAX 909.860.8017

EXISTING LANDFILL GAS CONDENSATE SUMPEXISTING LANDFILL GAS VERTICAL EXTRACTION WELLEXISTING GAS MONITORING PROBE

LEGENDEXISTING LANDFILL GAS SYSTEM PIPING
ATTACHMENT 2ADATE :02-2025DRAWN BY:APPROVED BY:CLM-PROPOSED TRENCHINGAND BORING LOCATIONS(EXISTING CONDITIONS)

EXISTING LANDFILL GAS CONDENSATE SUMP WITH PUMP

CITY OF SAN BERNARDINO - WATERMAN LANDFILL

ESTIMATED LIMITS OF WASTEPROPOSED EXPLORATORY BORINGPROPOSED EXPLORATORY TRENCHESAPPROXIMATE LIMITS OF PROPERTY 102310221023
10181016
1019
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EXISTING CARNEGIE BUSINESSCENTER ONE (CBC)636 E. BRIER DRIVE BRIDRI
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EXISTING LANDFILL GAS CONDENSATE SUMPEXISTING LANDFILL GAS VERTICAL EXTRACTION WELLEXISTING GAS MONITORING PROBE

LEGENDEXISTING LANDFILL GAS SYSTEM PIPING
ATTACHMENT 2BDATE :02-2025DRAWN BY:APPROVED BY:CLM-PROPOSED TRENCHINGAND BORING LOCATIONS(1952 AERIAL IMAGERY)

EXISTING LANDFILL GAS CONDENSATE SUMP WITH PUMP

CITY OF SAN BERNARDINO - WATERMAN LANDFILL

ESTIMATED LIMITS OF WASTEPROPOSED EXPLORATORY BORINGPROPOSED EXPLORATORY TRENCHESAPPROXIMATE LIMITS OF PROPERTYSITE BOUNDARY ON AERIAL IMAGE 102310221023
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EXISTING CARNEGIE BUSINESSCENTER ONE (CBC)636 E. BRIER DRIVE BRIDRI
CER

EXISTING LANDFILL GAS CONDENSATE SUMPEXISTING LANDFILL GAS VERTICAL EXTRACTION WELLEXISTING GAS MONITORING PROBE

LEGENDEXISTING LANDFILL GAS SYSTEM PIPING
ATTACHMENT 2CDATE :02-2025DRAWN BY:APPROVED BY:CLM-PROPOSED TRENCHINGAND BORING LOCATIONS(1953 AERIAL IMAGERY)

EXISTING LANDFILL GAS CONDENSATE SUMP WITH PUMP

CITY OF SAN BERNARDINO - WATERMAN LANDFILL

EXISTING LANDFILL GAS CONDENSATE SUMPEXISTING LANDFILL GAS VERTICAL EXTRACTION WELLEXISTING GAS MONITORING PROBE

LEGENDEXISTING LANDFILL GAS SYSTEM PIPING
ATTACHMENT 2DDATE :02-2025DRAWN BY:APPROVED BY:CLM-PROPOSED TRENCHINGAND BORING LOCATIONS(1959 AERIAL IMAGERY)

EXISTING LANDFILL GAS CONDENSATE SUMP WITH PUMP

CITY OF SAN BERNARDINO - WATERMAN LANDFILL

ESTIMATED LIMITS OF WASTEPROPOSED EXPLORATORY BORINGPROPOSED EXPLORATORY TRENCHESAPPROXIMATE LIMITS OF PROPERTYSITE BOUNDARY ON AERIAL IMAGE

ATTACHMENT 3: LEA LETTER – WATERMAN LANDFILL (SWIS NO. 36-CR- 0059) COMPLIANCE SCHEDULE APPROVAL

November 21, 2024

Sami H. Ayass, P.E.

Tetra Tech
21700 Copley Drive, Suite 200
Diamond Bar, CA 91765

SUBJECT: WATERMAN LANDFILL (SWIS# 36-CR-0059) COMPLIANCE SCHEDULE

APPROVAL

Dear Mr. Ayass,

On October 23, 2024, the San Bernardino County Local Enforcement Agency (LEA) received a proposed compliance schedule from the City of San Bernardino (Owner), prepared by Tetra Tech, for Waterman Landfill SWIS # 36-CR-0059 (Site) in response to the Notice and Order issued on August 28, 2024. The purpose of the compliance schedule is to ensure that the Owner has an outlined plan to bring the Site into compliance with all applicable solid waste statutory and regulatory standards.

As indicated in the Notice and Order, the LEA notified the Owner of its violations under Title 27 of the California Code of Regulations (27 CCR) Section § 20921. CIWMB--Gas Monitoring and Control. After a thorough review, the LEA accepts the compliance schedule submitted on this date (November 21, 2024) and acknowledges the outlined steps towards resolving this violation.

The attached compliance schedule (Attachment 1) includes the specific actions and corresponding deadlines required to achieve compliance with 27 CCR § 20921 – Gas Monitoring and Control.

Additional Violations
Any violations observed during future LEA inspections that are not covered under this compliance schedule must be corrected by the Owner within thirty (30) days of receiving Public Health
Environmental Health Services

Joshua Dugas, MBA, REHS
Director

Jennifer Osorio, REHS
Assistant Director
Janki Patel, MPH
Assistant Director

Michael A. Sequeira, M.D.

Health Officer

385 N. Arrowhead Ave, 2nd Floor, San Bernardino, CA 92415 | Phone: 800.442.2283 Fax: 909.387.4323

WATERMAN LANDFILL COMPLIANCE SCHEDULE APPROVAL
November 21, 2024
PAGE 2 of 2

written notification. Such notifications may be issued in the form of electronic correspondence, inspection reports, or other enforcement documents.

Notification to the LEA
The Owner is required to notify the LEA in writing should any deviations from the approved compliance schedule be discovered. Such deviations may result from unforeseen circumstances, including "act-of-God" events or other delays.

Additional Inspections by the LEA
The Site is currently scheduled for routine inspections on a quarterly basis. Any additional inspections required to verify actions and timelines specified in the compliance schedule will be billed to the Owner at a rate of $245.00 per hour, with a minimum charge of 30 minutes ($122.50).

Conclusions
The City of San Bernardino and Tetra Tech are approved to proceed with the tasks outlined in the compliance schedule. The LEA acknowledges that unforeseen circumstances may require adjustments to certain task deadlines. The Owner is requested to keep the LEA informed of progress and notify the LEA promptly if any circumstances arise that may necessitate an extension of deadlines.

We appreciate the City’s cooperation throughout this process and look forward to working together to bring Waterman Landfill into full regulatory compliance.

If you have any questions, please contact me at [email protected] or call our office at 800-442-2283.

Sincerely,

Lourdes Laninovich, REHS
Local Enforcement Agency

Cc: Noah Westbury, LEA ([email protected]) George Gonzales, LEA ([email protected]) Dawn Liang, CalRecycle ([email protected])
Casey Yearout, CalRecycle ([email protected]) Lynn Merrill, City of San Bernardino ([email protected]) Matt Fisher, City of San Bernardino ([email protected])

ATTACHMENT 1: PROPOSED COMPLIANCE SCHEDULE FOR NOTICE AND ORDER NO. 24-001 – WATERMAN LANDFILL

Proposed Compliance Schedule For
Notice and Order No. 24-001
Waterman Landfill
Task Target Completion Date
Compliance Schedule submittal to the LEA On or before October 25, 2024 City awards contract to prepare intrusive investigation Work Plan December 18, 2024
City issues Notice to Proceed to consultant January 20, 2025 Submittal of construction logs/records for all existing perimeter gas probes to the LEA
November 25, 2024 – December 18,
2024
Development and Submittal of Interim Probe Mitigation
Work Plan to the City for Review1 December 18, 2024 – January 24, 2025 Contractor to prepare a Work Plan for Intrusive Field
Investigation and Waste Characterization at Waterman
Landfill’s current boundaries and other adjacent City
owned properties
January 20, 2025 – February 21, 2025
Submittal of Interim Probe Mitigation Work Plan to the
LEA On or before January 31, 2025
Submittal of Work Plan for Intrusive Field Investigation and Waste Characterization for City’s Review On or before February 21, 2025 Submittal of finalized Work Plan for Intrusive Field
Investigation and Waste Characterization to the LEA2 On or before March 14, 2025 LEA review and approval Work Plan for Intrusive Field
Investigation and Waste Characterization Work3 To be Determined (TBD) Submittal of Intrusive Field Investigation funding request to City Council for Approval3 TBD
Conduct Intrusive Field Investigation & Waste
Characterization
TBD but estimated to take place 3 to 6
Months after City Council’s Approval and
Notice to Proceed4
Preparation of Report of Findings and submittal to City for Review
Within 30-days of completion of the Site
Investigation and Waste Characterization
Submittal of Finalized Report of Findings to the LEA5 Within 90-days of completion of the Site Investigation and Waste Characterization
Prepare draft Final Probe Mitigation Work Plan based on Report of Findings, and submit to City for review TBD
Revise draft Final Probe Mitigation Work Plan based on
City’s feedback TBD
Discuss with LEA proposed Final Probe Mitigation Work
Plan. Revise draft Final Probe Mitigation Work Plan based on LEA’s feedback and submit for regulatory approval6
TBD
Implementation of Final Probe Mitigation Work Plan7 TBD

1 Until results of the site investigation conclude whether or not Probe GP-5R is a true compliance probe, an Interim Probe Mitigation Work Plan will be prepared for submittal to the LEA to document the current procedures for probe monitoring, sampling, and related wellfield tuning (if necessary) .

Further, submittal of existing probes construction logs/records will be in compliance with directive 2 in N&O 24-001 (dated August 28, 2024).
2 Due to the timing of the City Council final award and the City’s notice to proceed, it is anticipated that the Work Plan for the site investigation and waste characterization will be submitted to the LEA no later than March 14, 2025. This Work Plan submittal will be in compliance with directive 3 in N&O 24-001.
3 It is unknown how long the LEA will need to review and deem the intrusive field investigation and waste characterization Work Plan approved. Nevertheless, after securing LEA’s approval, City Council will need to approve funding for the actual field investigation work. Please note that City Council only meets on the 1st and 3rd Wednesdays of every month. Once the City Council approves the funding, field work will begin approximately 30-days after award once notice to proceed is received.
4 It is currently unknown how long it will take to complete the field investigation work until the Work Plan is prepared. This timeline may be adjusted once the Work Plan is completed. Conducting intrusive field investigation work and waste characterization will be in compliance with directives 3 and 4 in N&O 24-001.
5 Final report of findings will be submitted to the LEA within 90-days of field work completion. 6 Depending on the findings from the Site Investigation and coordination with the LEA, it is anticipated that the earliest the final probe mitigation Work Plan would be submitted is 6 Weeks from submittal of Report of Findings to the LEA . However, if the findings indicated additional field investigation work is required outside of City-owned properties, then submittal of final probe mitigation Work may be pushed out further until accurate/comprehensive limits of waste are determined. Submittal of Final Probe Mitigation Work Plan will be in compliance with directive 1 in N&O 24-001. 7 Implementation of final probe mitigation work will be dependent on the review and approval of the LEA of the Report of Findings and submitted Probe Mitigation Plan options. A schedule for this work will be provided within the Probe Mitigation Plan and can be amended to this schedule upon LEA approval.

ATTACHMENT 4: WATERMAN LANDFILL – NOTICE AND ORDER, DATED AUGUST 28, 2024

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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

Mayor and City CouncilJune 18, 2025

Mayor and City Council
June 18, 2025