City Council Agenda Report
Meeting Date: February 4, 2025
From: Freddie Agyin, Director of Health and Environmental Control Department: Health and Environmental Control
Submitted by: Dulce Gonzalez, Management Analyst
Subject
Remedial Action Agreements with Responsible Parties
Recommendation
A. Approve the Remedial Action Agreement template, in substantially the same form as submitted, for local regulatory oversight of contaminated sites within the City; and B. Adopt Resolution No. 2025-003 authorizing the Director of the Department of Health and Environmental Control to enter into Remedial Action Agreements with responsible parties and oversee remedial investigations and actions to ensure the safe and effective implementation of remediation and contaminated site cleanup efforts.
Background
Assembly Bill (AB) 304, enacted in 2021, amended Health and Safety Code (HSC) Sections 101480 through 101490 and 25299.50.6 to broaden local agency roles and responsibilities and provide local authorities the power to oversee the investigation and cleanup of contaminated sites. This authority allows a designated local officer, appointed by the governing body, to enter into Remedial Action Agreements (RAAs) with responsible parties or project proponents to ensure the safe and effective remediation of these sites.
AB 304 empowers local oversight, allowing for a more proactive approach to environmental cleanup efforts, particularly when responsible parties may be unwilling or unable to address contamination adequately. According to HSC Sections 101480 and 101487, prior to executing an RAA, notification of the intent to enter into the agreement will be submitted to the California Water Board and the California Department of Toxic Substances Control (DTSC) for approval.
To comply with AB 304 and effectively address environmental health concerns in the City of Vernon, the Department of Health and Environmental Control (DHEC) is requesting that the City Council grant the Director of Health and Environmental Control the authority to enter into and execute RAAs as needed. This authorization allows the City to enter into legally binding agreements with responsible parties to implement effective cleanup plans that efficiently target emergency cleanup efforts and contamination control.
The RAAs between the DHEC and responsible parties will:
• Assist with accessing funds from the California State Water Resources Control Board to support cleanup efforts;
• Ensure that all requirements of the Water Code are completely addressed; • Ensure that contaminated sites are cleaned to protect the health and safety of the public; • Mitigate environmental risks associated with contaminated sites; • Manage accurate recordkeeping; and
• Provide oversight of cleanup activities to ensure completion and compliance with environmental regulations.
The DHEC may incur administrative costs related to managing cleanup operations; however, the primary financial obligation for remediation rests with the responsible parties engaged with the contaminated site. With an RAA, the City will have a mechanism to collect funds and/or reimbursement from the responsible parties to facilitate appropriate remedial actions. State funding is also available to assist with certain cleanup efforts.
The DHEC has collaborated with the City Attorney to create a template for the RAA. This template will be used when the DHEC needs to oversee the cleanup of a hazardous waste release site or a contaminated area. The RAA template complies with regulations and aligns with the current HSC Sections 101480 through 101490 and 25299.50.6.
Authorizing the DHEC to enter into RAAs demonstrates the City’s dedication to environmental protection and public health, effectively addressing contaminated sites within the City and ensuring a healthier future for the community.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. Remedial Action Agreement Template
2. Resolution No. 2025-003