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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 18, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Request to Proceed with the Intrusive Waste Limits Investigation and Waste Characterization Work Plan at
the Waterman Landfill and Contracting with Tetra Tech,
BAS Inc. (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the request to proceed with the intrusive waste limits investigation and waste characterization work plan at the Waterman Landfill, and contracting with Tetra Tech, BAS Inc.
Executive Summary
The City of San Bernardino, as owner/operator of the closed pre-regulation Waterman Landfill (SWIS No. 36-CR-0059), has been under ongoing regulatory oversight due to elevated methane concentrations detected at perimeter gas probes since 2017.
Following a Notice of Violation issued in 2017, the City implemented a four-phase landfill gas (LFG) remediation plan, completing the first three phases by 2020. In August 2024, the Local Enforcement Agency (LEA) issued Notice and Order No. 24- 001, requiring the City to perform an intrusive investigation to delineate the true limits of waste and characterize any encountered materials. This action was prompted by historical uncertainties about the landfill’s boundaries and persistent LFG exceedances. Tetra Tech, with over 20 years of site experience, was directed to prepare to the Local Enforcement Agency on behalf of the City, a Compliance Schedule, and Work Plan addressing the Notice and Order Number 24-001.
Furthermore, an Intrusive Waste Limits Investigation and Waste Characterization was prepared as a main component of the Work Plan, proposing geophysical surveys, trenching, and borings focused on City-owned land and adjacent rights-of-way. The estimated cost for the investigation is $217,543 and there is sufficient funding in the program’s available budget for the required work.
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Background
The Waterman Landfill (Solid Waste Information System [SWIS] No. 36-CR-0059) is a closed, pre-regulation landfill located in the City of San Bernardino on City-owned parcels near Vanderbilt Way and Carnegie Drive. Historical landfill operations ceased prior to the enactment of modern regulatory requirements, with trench-and-fill methods used to dispose of municipal solid waste and construction debris. Closure activities began in the mid-1980s, and the landfill gas collection and control system (LFGCCS) was completed in 2005. Since closure, Tetra Tech BAS, Inc. has provided ongoing operations and maintenance services on behalf of the City for more than 20 years.
In 2017, the Local Enforcement Agency (LEA), operated by the San Bernardino County Department of Public Health, issued a Notice of Violation (NOV) for methane exceedances at perimeter gas probe GP-5B. The City responded with a four-phase remediation plan, of which Phases 1 through 3 were implemented using funding from a dedicated Capital Improvement Program (CIP) budget established for Waterman Landfill remediation. Phase 4 was never initiated, leaving a remaining balance in the fund.
A 2022 Limited Historical Assessment by Ninyo & Moore (on behalf of CalRecycle) raised concerns that the waste footprint may extend beyond assumed boundaries, particularly to the north and south. The assessment findings explain the methane exceedances in monitoring probes may potentially be due to waste extending beyond the current boundaries and the need for further delineation of landfill limits.
Despite prior mitigation, landfill gas probe exceedances continued. In August 2024, the LEA issued Notice and Order (N&O) No. 24-001, requiring the City to:
Perform an intrusive investigation to determine the lateral and vertical limits of waste;
Characterize any waste encountered during the investigation; and Focus investigative efforts strictly within City-owned parcels and rights-of-way (e.g., Vanderbilt Way and Carnegie Drive).
In response to the N&O, Tetra Tech BAS, Inc. developed a Compliance Schedule and an Intrusive Waste Limits Investigation and Waste Characterization Work Plan. These documents were submitted to and approved by the LEA. The work plan includes geophysical surveying, exploratory trenching, drilling, waste logging, and preparation of a findings report, all limited to City-owned property and rights-of-way.
The cost of the investigation is estimated at $217,543. It is recommended that funding for the intrusive investigation come from the existing CIP budget established for Waterman Landfill remediation, which was originally created to support compliance activities associated with the 2017 NOV.
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Discussion
In August, 2024, the LEA issued Notice and Order No. 24-001, which requires the City to perform an intrusive investigation of the Waterman Landfill (Solid Waste Information System [SWIS] No. 36-CR-0059) to determine the actual lateral and vertical extent of landfill waste, and to characterize any waste encountered. This action was taken by the LEA in response to regulatory ongoing methane exceedances at monitoring probe GP- 5R. The 2022 Limited Historical Assessment prepared by Ninyo & Moore for CalRecycle, indicated that the waste footprint likely extends beyond the currently assumed boundaries, potentially onto adjacent rights-of-way such as Carnegie Drive and Vanderbilt Way—both City-owned.
In response, the City directed Tetra Tech, BAS Inc., to develop a Compliance Schedule and Intrusive Waste Limits Investigation and Waste Characterization Work Plan. These documents were submitted to and approved by the LEA. The proposed investigation includes geophysical surveying, exploratory trenching, and boring within City-owned parcels and rights-of-way to verify the true boundaries of the landfill and document the nature of any waste encountered.
It is recommended that the City utilize the existing CIP budget, originally allocated for Waterman Landfill compliance actions following the 2017 NOV, to fund this next phase of required work. This program has an available budget of $4,438,546.00. The estimated cost for the investigation is $217,543.
Tetra Tech, BAS Inc. is recommended as the professional and contractual provider for this work due to their extensive history managing the landfill on behalf of the City, their direct involvement in developing the Compliance Schedule and Work Plan for this order, and their technical familiarity with site-specific regulatory requirements. Given that the LEA has approved both the schedule and work plan and considering the urgency to comply with the Notice and Order, proceeding with Tetra Tech ensures timely and justifiable action to resolve the Notice and Order.
2021-2025 Strategic Targets and Goals
This request aligns with Key Strategic Goal 1.Improved Operational & Financial Capacity - Minimize Risk and Litigation Exposure.
Fiscal Impact
The total estimated cost to perform the Intrusive Waste Limits Investigation and Waste Characterization is $217,543. Sufficient budget exists in the FY 2024/25 Operating and Capital Improvement Program (CIP) budget, the budget was originally established for Waterman Landfill remediation efforts in response to the 2017 Notice of Violation. 2 6
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the request to proceed with the intrusive waste limits investigation and waste characterization work plan at the Waterman Landfill, and contracting with Tetra Tech, BAS Inc.
Attachments
Attachment 1 Notice and Order 24-001
Attachment 2 WLF Intrusive Waste Limits Investigation Work Plan Attachment 3 LEA Letter Submittal of Intrusive Waste Limit Investigation Work Plan
Attachment 4 WLF Cost Estimate
Ward:
All Wards
Synopsis of Previous Council Actions:
January 4, 2019 Resolution of the Mayor and City Council of City of San Bernardino, California, approving Tetra Tech Inc. to install upgrades to the existing Landfill Gas Collection and Treatment System at the City’s inactive Waterman Landfill.
June 22, 2016 Resolution of the Mayor and City Council of City of San Bernardino Authorizing the City Manager to execute Amendment No. 1 to agreements for on-call professional civil engineering design and project management services for the capital improvement program (CIP) and staff augmentation.
May 3, 2004 Resolution of the Mayor and City Council of City of San Bernardino Authorizing the execution of an agreement and purchase order to Bryan A. Stirrat & Associates to design and construct a landfill gas collection and treatment system and improvements to the landfill cover system.